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. (1) whether the former probate should be set aside; and

2. (2) if the former probate is to be set aside, whether:

   1. (A) the other will should be admitted to probate; or
   2. (B) the decedent died intestate.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.