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Texas Wills and Probate Laws
PURPOSE AND CONSTRUCTION OF ESTATES CODE

 TEXAS ESTATES CODE - TITLE 1. GENERAL PROVISIONS CHAPTER 21.

§ 21.001. PURPOSE OF CODE.

(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as § 323.007, Government Code. The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.

(b) Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable by:

(1) rearranging the statutes into a more logical order;

(2) employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;

(3) eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions; and

(4) restating the law in modern American English to the greatest extent possible.

§ 21.002. CONSTRUCTION.

(a) Except as provided by § 22.027 or 1002.023, Chapter 311, Government Code (Code Construction Act), applies to the construction of a provision of this code.

(b) This code and the Texas Probate Code, as amended, shall be considered one continuous statute, and for the purposes of any instrument that refers to the Texas Probate Code, this code shall be considered an amendment to the Texas Probate Code.

§ 21.003. STATUTORY REFERENCES.

A reference in a law other than in this code to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.

§ 21.004. EFFECT OF DIVISION OF LAW.

The division of this code into titles, subtitles, chapters, subchapters, parts, subparts, sections, subsections, subdivisions, paragraphs, and subparagraphs is for convenience and does not have any legal effect.

§ 21.005. APPLICABILITY OF CERTAIN LAWS.

Chapter 132, Civil Practice and Remedies Code, does not apply to Subchapter C, Chapter 251.

§ 21.006. APPLICABILITY TO PROBATE PROCEEDINGS.

The procedure prescribed by Title 2 governs all probate proceedings.

Questions?  Call us now to speak with an experienced estate planning and probate attorney. 

 (469) 630-2550