Procedure On Filing of Second Application For Probate After First Will Has Been Admitted

Sec. 256.102. PROCEDURE ON FILING OF SECOND APPLICATION FOR PROBATE AFTER FIRST WILL HAS BEEN ADMITTED. If, after a decedent's will has been admitted to probate, an application is filed for the probate of a will of the same decedent that has not previously been presented for probate, the court shall determine: (1) whether the former probate should be set aside; and (2) if the former probate is to be set aside, whether: (A) the other will should be admitted to probate; or (B) the decedent died intestate. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.