Texas Probate System (4th Edition)

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Texas Probate System (4th Edition)

  • By James E. Brill, editor and project director, and Russell W. Hall, associate editor
  • Instant Download! Digital Product Features
  • 2 volumes; loose-leaf
  • 1,176 pages
  • © 2014
  • $295.00

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The new 4th edition of the Texas Probate System is based on the new Texas Estates Code, which superseded the Texas Probate Code effective January 1, 2014. In the new Estates Code, sections of the Probate Code relating to decedents have been substantially reorganized and renumbered.

The new edition of the Texas Probate System

  • incorporates new Estates Code citations, terminology, and statutory requirements, including changes from the most recent legislative session
  • adds procedures, including necessary forms and letters, for implementing independent administration by agreement in both testate and intestate estates.

The Texas Probate System will become the cornerstone of your probate law practice. From the initial contact with a client to the closing of the estate, this System will be in constant use, providing a step-by-step guide to the efficient handling of a decedent’s estate.

The Texas Probate System includes:

  • Letters of a standard, routine, and repetitive nature
  • Forms to be prepared for court proceedings
  • Worksheets designed to guide you through proper decisions, to make calculations, or to maintain a single summary record of multiple related transactions
  • Significant Date List to assist you in calculating and recording important dates for all proceedings
  • Checkplan containing a checklist of all activities to be considered and performed in handling a decedent’s estate.

Texas Probate System Forms digital product contains the entire text of the printed system as a PDF file. It also provides PDF and word-processing files of relevant parts of the System, and a Master Information List designed in Excel for your convenience.

FORMS

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ACCOUNT

62. Annual account of executor or administrator with order
63. Verification of funds on deposit
64. Confirmation of safekeeping
65. Account for final settlement
66. Order approving account for final settlement and authorizing distribution of estate
92. Final account of temporary administrator
93. Order approving final account of temporary administrator
113. Affidavit of service of citation (final account)
114. Certificate of service of citation (final account)

ADMINISTRATION WITH DEPENDENT EXECUTOR

8. Proof by subscribing witness
9. Interrogatories to subscribing witness
10. Answers to interrogatories
13. Notice for deposition on written questions
14. Proof of decedent’s handwriting and signature
15. Appointment of resident agent—individual executor or administrator
16. Appointment of resident agent—corporate executor or administrator
18. Oath of individual (IA, ADE, AWA, TBA)
19. Oath of corporate executor or administrator (IA, ADE, TBA)
20. Newspaper notice to creditors
21. Proof of mailing notice to secured creditors
22. Inventory, appraisement, and list of claims and order approving
28. Application to probate will (ADE)
29. Proof of death and other facts (ADE)
30. Receipt and release
33. Order admitting will to probate (ADE)
62. Annual account of executor or administrator with order
63. Verification of funds on deposit
64. Confirmation of safekeeping
65. Account for final settlement
66. Order approving account for final settlement and authorizing distribution of estate
67. Application to close estate and to discharge personal representative
68. Order closing estate and discharging personal representative
96. Waiver and renunciation of right to letters testamentary (IA, ADE, TBA)
100. Beneficiary’s waiver of notice of probate (IA, ADE, AWA, TBA)
101. Affidavit of notice of probate (IA, ADE, AWA, TBA)
102. Certificate of notice of probate (IA, ADE, AWA, TBA)
113. Affidavit of service of citation (final account)
114. Certificate of service of citation (final account)

ADMINISTRATION WITH WILL ANNEXED

8. Proof by subscribing witness
9. Interrogatories to subscribing witness
10. Answers to interrogatories
13. Notice for deposition on written questions
14. Proof of decedent’s handwriting and signature
15. Appointment of resident agent—individual executor or administrator
18. Oath of individual (IA, ADE, AWA, TBA)
20. Newspaper notice to creditors
21. Proof of mailing notice to secured creditors
22. Inventory, appraisement, and list of claims and order approving
30. Receipt and release
62. Annual account of executor or administrator with order
63. Verification of funds on deposit
64. Confirmation of safekeeping
65. Account for final settlement
66. Order approving account for final settlement and authorizing distribution of estate
67. Application to close estate and to discharge personal representative
68. Order closing estate and discharging personal representative
69. Application for probate of will (AWA)
70. Waiver and renunciation of right to letters (AWA)
71. Proof of death and other facts (AWA)
72. Order admitting will to probate (AWA)
100. Beneficiary’s waiver of notice of probate (IA, ADE, AWA, TBA)
101. Affidavit of notice of probate (IA, ADE, AWA, TBA)
102. Certificate of notice of probate (IA, ADE, AWA, TBA)
113. Affidavit of service of citation (final account)
114. Certificate of service of citation (final account)

AFFIDAVIT

26. Decedent’s domicile
37. Debts and taxes
82. Small estate affidavit and order
97. Fulfillment of will admitted to probate as muniment of title
101. Notice of probate (IA, ADE, AWA, TBA)
103. In lieu of inventory, appraisement, and list of claims (IA, TBA, IBA)
104. Service of citation (heirship)
113. Service of citation (final account)

APPLICATION

5. Probate of will (IA)
6. Probate of will (MT)
27. Extension of time for filing inventory
28. Probate of will (ADE)
39. Court-approved sale of real property
46. Set aside report of sale of real property and order confirming sale
47. Court-approved sale of personal property
51. Court-approved disposition of personal effects
52. Sale of personal property likely to perish, waste, or deteriorate in value
53. Family allowance
54. Set aside exempt property
55. Allowance in lieu of exempt property
56. Enter into mineral lease at private sale
59. Expend funds
60. Reimburse executor or administrator
61. Pay attorney’s fees
67. Close estate and discharge personal representative
69. Probate of will (AWA)
73. Letters of administration where there is no will (RDA)
77. Declare heirship
83. Temporary administration—where there is no will
84. Temporary administration—where decedent left a will
89. Enlargement of powers of temporary administrator
94. Close temporary administration
108. Independent administration of intestate estate by agreement (IBA)
110. Probate of will and independent administration by agreement (TBA)
115. Deposit funds into registry
116. Withdraw funds and pay comptroller

ATTORNEY AD LITEM

78. Motion to appoint attorney ad litem

ATTORNEY’S FEES

61. Application and order to pay attorney’s fees

AUTHORIZATION

2. Authorize third parties to furnish information
4. Request court authority to enter a safe deposit box

BOND POWERS

25. Irrevocable bond power

CERTIFICATE

102. Notice of probate (IA, ADE, AWA, TBA)
105. Service of citation (heirship)
114. Service of citation (final account)

CITATION

104. Affidavit of service of citation (heirship)
105. Certificate of service of citation (heirship)
107. Waiver of citation and notice (IBA, PDH, RDA)
113. Affidavit of service of citation (final account)
114. Certificate of service of citation (final account)

CLOSE ESTATE

67. Application to close estate and to discharge personal representative
68. Order closing estate and discharging personal representative

CREDITORS

20. Newspaper notice to creditors
21. Proof of mailing notice to secured creditors
58. Authenticated unsecured claim

CREED, TEXAS LAWYER’S

99. Texas Lawyer’s Creed

DEALING WITH CLIENT

1. Probate information list
2. Authorize third parties to furnish information
3. Receipt for documents

DEATH TAXES

37. Affidavit regarding debts and taxes

DISCLAIMER

23. Disclaimer of full interest in estate

DOMICILE

26. Affidavit as to decedent’s domicile

EXEMPT PROPERTY

54. Application and order to set aside exempt property
55. Application and order for allowance in lieu of exempt property

EXPENDITURE OF FUNDS

59. Application and order to expend funds

FAMILY ALLOWANCE

53. Application and order for family allowance

FUNDS

59. Application and order to expend funds
63. Verification of funds on deposit
115. Application and order to deposit funds into registry
116. Application and order to withdraw funds and pay comptroller

HEIRSHIP, PROCEEDINGS TO DECLARE

77. Application to declare heirship
78. Motion to appoint attorney ad litem
80. Statement of facts (PDH, RDA, IBA)
81. Judgment declaring heirship
104. Affidavit of service of citation (heirship)
105. Certificate of service of citation (heirship)
107. Waiver of citation and notice (IBA, PDH, RDA)

INDEPENDENT ADMINISTRATION

5. Application for probate of will (IA)
7. Proof of death and other facts (IA)
8. Proof by subscribing witness
9. Interrogatories to subscribing witness
10. Answers to interrogatories
13. Notice for deposition on written questions
14. Proof of decedent’s handwriting and signature
15. Appointment of resident agent—individual executor or administrator
16. Appointment of resident agent—corporate executor or administrator
17. Order admitting will to probate (IA)
18. Oath of individual (IA, ADE, AWA, TBA)
19. Oath of corporate executor or administrator (IA, ADE, TBA)
20. Newspaper notice to creditors
21. Proof of mailing notice to secured creditors
22. Inventory, appraisement, and list of claims and order approving
96. Waiver and renunciation of right to letters testamentary (IA, ADE, TBA)
100. Beneficiary’s waiver of notice of probate (IA, ADE, AWA, TBA)
101. Affidavit of notice of probate (IA, ADE, AWA, TBA)
102. Certificate of notice of probate (IA, ADE, AWA, TBA)
103. Affidavit in lieu of inventory, appraisement, and list of claims (IA,TBA, IBA)

INDEPENDENT ADMINISTRATION BY AGREEMENT—INTESTATE ESTATE

15. Appointment of resident agent—individual executor or administrator
20. Newspaper notice to creditors
21. Proof of mailing notice to secured creditors
22. Inventory, appraisement, and list of claims and order approving
74. Waiver and renunciation of right to letters of administration (RDA, TDA, TBA, IBA)
75. Proof of death and other facts (RDA, IBA)
77. Application to declare heirship
78. Motion to appoint attorney ad litem
80. Statement of facts (PDH, RDA, IBA)
81. Judgment declaring heirship
86. Oath of administrator (RDA, IBA)
103. Affidavit in lieu of inventory, appraisement, and list of claims (IA,TBA, IBA)
104. Affidavit of service of citation (heirship)
105. Certificate of service of citation (heirship)
106. Distributee’s agreement to independent administration (TBA, IBA)
107. Waiver of citation and notice (IBA, PDH, RDA)
108. Application for independent administration of intestate estate by agreement (IBA)
109. Order authorizing letters of administration (IBA)

INDEPENDENT ADMINISTRATION BY AGREEMENT—TESTATE ESTATE

8. Proof by subscribing witness
9. Interrogatories to subscribing witness
10. Answers to interrogatories
13. Notice for deposition on written questions
14. Proof of decedent’s handwriting and signature
15. Appointment of resident agent—individual executor or administrator
16. Appointment of resident agent—corporate executor or administrator
18. Oath of individual (IA, ADE, AWA, TBA)
19. Oath of corporate executor or administrator (IA, ADE, TBA)
20. Newspaper notice to creditors
21. Proof of mailing notice to secured creditors
22. Inventory, appraisement, and list of claims and order approving
74. Waiver and renunciation of right to letters of administration (RDA, TDA, TBA, IBA)
96. Waiver and renunciation of right to letters testamentary (IA, ADE, TBA)
100. Beneficiary’s waiver of notice of probate (IA, ADE, AWA, TBA)
101. Affidavit of notice of probate (IA, ADE, AWA, TBA)
102. Certificate of notice of probate (IA, ADE, AWA, TBA)
103. Affidavit in lieu of inventory, appraisement, and list of claims (IA,TBA, IBA)
106. Distributee’s agreement to independent administration (TBA, IBA)
110. Application for probate of will and independent administration by agreement (TBA)
111. Order admitting will to probate (TBA)
112. Proof of death and other facts (TBA)

INTERROGATORIES

9. Interrogatories to subscribing witness
10. Answers to interrogatories

INVENTORY

22. Inventory, appraisement, and list of claims and order approving
27. Extension of time for filing inventory and order approving
36. Supplemental inventory and order approving
103. Affidavit in lieu of inventory, appraisement, and list of claims (IA,TBA, IBA)

LAWYER’S CREED

99. Texas Lawyer’s Creed 

LEASES, MINERAL

56. Application to enter into mineral lease at private sale
57. Order authorizing mineral lease at private sale

MINERAL LEASES (see Leases, Mineral)

MUNIMENT OF TITLE

6. Application for probate of will (MT)
8. Proof by subscribing witness
9. Interrogatories to subscribing witness
10. Answers to interrogatories
13. Notice for deposition on written questions
14. Proof of decedent’s handwriting and signature
22. Inventory, appraisement, and list of claims and order approving
31. Proof of death and other facts (MT)
32. Order admitting will to probate (MT)
97. Affidavit regarding fulfillment of will admitted to probate as muniment of title 

NEWSPAPER

20. Newspaper notice to creditors

NOTICE

13. Notice for deposition on written questions
20. Newspaper notice to creditors
21. Proof of mailing notice to secured creditors
100. Beneficiary’s waiver of notice of probate (IA, ADE, AWA, TBA)
101. Affidavit of notice of probate (IA, ADE, AWA, TBA)
102. Certificate of notice of probate (IA, ADE, AWA, TBA) 

OATH

18. Individual (IA, ADE, AWA, TBA)
19. Corporate executor or administrator (IA, ADE, TBA)
86. Administrator (RDA, IBA)
87. Temporary administrator 

ORDER

4. To enter safe deposit box (with motion)
17. Admitting will to probate (IA)
22. Approving inventory, appraisement, and list of claims (with inventory)
27. Approving extension of time for filing inventory (with application)
32. Admitting will to probate (MT)
33. Admitting will to probate (ADE)
36. Approving supplemental inventory (with supplemental inventory)
42. Permitting sale of real property
44. Confirming sale of real property
46. Setting aside order confirming sale of real property (with application)
48. Permitting sale of personal property
50. Confirming sale of personal property
51. To dispose of personal effects (with application)
52. For sale of personal property likely to perish, etc. (with application)
53. For family allowance (with application)
54. To set aside exempt property (with application)
55. For allowance in lieu of exempt property (with application)
57. Authorizing mineral lease at private sale
59. To expend funds (with application)
60. To reimburse executor or administrator (with application)
61. To pay attorney’s fees (with application)
62. Approving annual account (with annual account)
66. Approving account for final settlement and authorizing distribution of estate
68. Closing estate and discharging personal representative
72. Admitting will to probate (AWA)
76. Authorizing letters of administration (RDA)
82. Approving small estate affidavit (with affidavit)
85. Appointing temporary administrator
90. Granting additional powers to temporary administrator
91. Making temporary administration permanent
93. Approving final account of temporary administrator
95. Closing temporary administration
109. Authorizing letters of administration (IBA)
111. Admitting will to probate (TBA)
115. To deposit funds into registry (with application)
116. To withdraw funds and pay comptroller (with application) 

PERSONAL PROPERTY

40. Verified exhibit to be attached to application for court-approved sale of property
47. Application for court-approved sale of personal property
48. Order permitting sale of personal property
49. Report to court of sale of personal property
50. Order confirming sale of personal property
51. Application for court-approved disposition of personal effects
52. Application for sale of personal property likely to perish, waste, or deteriorate in value 

POWERS

24. Irrevocable stock power
25. Irrevocable bond power 

PROBATE INFORMATION LIST

1. Probate information list

PROCEEDINGS TO DETERMINE HEIRSHIP (see Heirship, Proceedings to Declare)

PROOF (See also Proof of Will—Witness Not in Court)

7. Death and other facts (IA)
8. Subscribing witness
14. Decedent’s handwriting and signature
21. Mailing notice to secured creditors
29. Death and other facts (ADE)
31. Death and other facts (MT)
71. Death and other facts (AWA)
75. Death and other facts (RDA, IBA)
112. Death and other facts (TBA)

PROOF OF WILL—WITNESS NOT IN COURT

9. Interrogatories to subscribing witness
10. Answers to interrogatories
13. Notice for deposition on written questions

PUBLICATION

20. Newspaper notice to creditors

REAL ESTATE

39. Application for court-approved sale of real property
40. Verified exhibit to be attached to application for court-approved sale of property
42. Order permitting sale of real property
43. Report to court of sale of real property
44. Order confirming sale of real property
45. Deed for sale of real property following court approval of sale
46. Application and order to set aside order confirming sale of real property 

RECEIPT

3. Receipt for documents
30. Receipt and release 

REGULAR DEPENDENT ADMINISTRATION

15. Appointment of resident agent—individual executor or administrator
20. Newspaper notice to creditors
21. Proof of mailing notice to secured creditors
22. Inventory, appraisement, and list of claims and order approving
30. Receipt and release
62. Annual account of executor or administrator with order
63. Verification of funds on deposit
64. Confirmation of safekeeping
65. Account for final settlement
66. Order approving account for final settlement and authorizing distribution of estate
67. Application to close estate and to discharge personal representative
68. Order closing estate and discharging personal representative
73. Application for letters of administration where there is no will (RDA)
74. Waiver and renunciation of right to letters of administration (RDA, TDA, TBA, IBA)
75. Proof of death and other facts (RDA, IBA)
76. Order authorizing letters of administration (RDA)
77. Application to declare heirship
78. Motion to appoint attorney ad litem
80. Statement of facts (PDH, RDA, IBA)
81. Judgment declaring heirship
86. Oath of administrator (RDA, IBA)
104. Affidavit of service of citation (heirship)
105. Certificate of service of citation (heirship)
107. Waiver of citation and notice (IBA, PDH, RDA)
113. Affidavit of service of citation (final account)
114. Certificate of service of citation (final account)

REIMBURSEMENT

60. Application and order to reimburse executor or administrator

RESIDENT AGENT

15. Appointment of resident agent—individual executor or administrator
16. Appointment of resident agent—corporate executor or administrator

SAFE DEPOSIT BOX

4. Motion to enter a safe deposit box and order granting

SAFEKEEPING

64. Confirmation of safekeeping

SECURITIES

24. Irrevocable stock power
25. Irrevocable bond power

SETTLEMENT

63. Verification of funds on deposit
64. Confirmation of safekeeping
65. Account for final settlement
66. Order approving account for final settlement and authorizing distribution of estate
113. Affidavit of service of citation (final account)
114. Certificate of service of citation (final account)
115. Application and order to deposit funds into registry
116. Application and order to withdraw funds and pay comptroller

SMALL ESTATE

82. Small estate affidavit and order 

STOCK POWERS

24. Irrevocable stock power

TEMPORARY DEPENDENT ADMINISTRATION

74. Waiver and renunciation of right to letters of administration (RDA, TDA, TBA, IBA)
83. Application for temporary administration—where there is no will
84. Application for temporary administration—where decedent left a will
85. Order appointing temporary administrator
87. Oath of temporary administrator
88. Letters of temporary administration if not prepared by clerk
89. Application for enlargement of powers of temporary administrator
90. Order granting additional powers to temporary administrator
91. Order making temporary administration permanent
92. Final account of temporary administrator
93. Order approving final account of temporary administrator
94. Application to close temporary administration
95. Order closing temporary administration

WAIVER

70. And renunciation of right to letters (AWA)
74. And renunciation of right to letters of administration (RDA, TDA, TBA, IBA)
96. And renunciation of right to letters testamentary (IA, ADE, TBA)
100. Beneficiary’s notice of probate (IA, ADE, AWA, TBA)
107. Citation and notice (IBA, PDH, RDA)

CONTENTS

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VOLUME 1

How to Download This System
Introduction
How To Use This System
Worksheets
Master Information List (MIL)
Checkplan
Special Instructions
Significant Date List
Furnished Forms

VOLUME 2
Forms
Letters