In Matter of Estate of Romo, 469 S.W.3d 260 (Tex. App.—El Paso 2015, no pet.).
After an application to probate the testator’s 2001
will was filed, an application to probate testator’s 2006 will was filed
and granted. The proponent of the 2001 will then contested the 2006 will
on grounds that the testator lacked testamentary capacity or that the
testator signed the will under undue influence. The court concluded that
the 2006 will did not even comport with the statutory requirements for a
valid will and set aside its order admitting the 2006 will to probate.
The court did not rule on the validity of the 2001 will. The proponent
of the 2006 will appealed.
The court dismissed the appeal finding that it
lacked jurisdiction as the order setting aside the probate of the 2006
will was not a final order. The court explained that Estates Code
§ 256.101 prescribes a procedure when two applications are
simultaneously pending, that is, the court must determine which will (if
either) to admit to probate. Because the court had not yet ruled on the
validity of the 2001 will, the order was not final.
Moral: If multiple wills are filed for
probate, the court must decide on the validity of each will before an
appellate court will have jurisdiction to hear an appeal.