Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 202.151 - Evidence in Proceeding to Declare Heirship(a) The court may require that any testimony admitted as evidence in a proceeding to declare heirship be reduced to writing and subscribed and sworn to by the witnesses, respectively.(b) Except as provided by Subsection (c), in a proceeding to declare heirship, testimony regarding a decedent's heirs and family history must be taken: (1) from two disinterested and credible witnesses in open court; (2) by deposition in accordance with Section 51.203; (3) by a recorded statement of facts contained in: (A) an affidavit or instrument that satisfies the requirements of Section 203.001; or (B) a judgment of a court of record as specified by Section 203.001(a)(1)(B); or (4) in accordance with the Texas Rules of Civil Procedure. (c) If it is shown to the court's satisfaction in a proceeding to declare heirship that, after a diligent search was made, only one disinterested and credible witness can be found who can make the required proof in the proceeding, the testimony of that witness must be taken: (2) by deposition in accordance with Section 51.203; (3) by a recorded statement of facts contained in: (A) an affidavit or instrument that satisfies the requirements of Section 203.001; or (B) a judgment of a court of record as specified by Section 203.001(a)(1)(B); or (4) in accordance with the Texas Rules of Civil Procedure. (d) Notwithstanding any other law, a person interested in an estate solely because the person is a creditor or has a claim against the estate may serve as a witness under this section if the person is otherwise a credible witness. Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 205,Sec. 15, eff. 9/1/2023.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1141,Sec. 6, eff. 9/1/2019.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 1136,Sec. 18, eff. 1/1/2014.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 8.008, eff. 1/1/2014. See Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 205, Sec. 49.