Tex. Estates Code § 256.053
This is the official text of Tex. Estates Code § 256.053, part of Texas’s Estates Code — governs wills, probate, and estate administration.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 256.053. FILING OF WILL WITH APPLICATION FOR PROBATE GENERALLY REQUIRED.
Official statutory text
(a) An applicant for the probate of a will shall file the will with the application if the will is in the applicant's control.
(b) A will filed under Subsection (a) must remain in the custody of the county clerk unless removed from the clerk's custody:
(1) by a court order under Section 256.202; or
(2) by a court order issued under Subchapter C, Chapter 33, in which case the clerk shall deliver the will directly to the clerk of the court to which the probate proceeding is transferred.
(b) A will filed under Subsection (a) must remain in the custody of the county clerk unless removed from the clerk's custody:
(1) by a court order under Section 256.202; or
(2) by a court order issued under Subchapter C, Chapter 33, in which case the clerk shall deliver the will directly to the clerk of the court to which the probate proceeding is transferred.
Status: in_force · Read it on the official government site
Dealing with a probate matter in Texas?
See all Texas Probate lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.