Texas Probate System (4th Edition)

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Texas Probate System (4th Edition)

  • James E. Brill, editor and project director emeritus, and Russell W. Hall, editor and project director
  • Instant Download! Digital Download Features
  • 2 volumes; loose-leaf
  • 1,306 pages
  • Includes supplementation through 2015
  • © 2014, 2015
  • $295.00

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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

Included with purchase, the Texas Probate System 2015 supplement updates the system to include 2015 legislative changes; adds new forms, letters, and special instructions; and provides enhanced coverage of creditors’ claims against the estate and two additional procedures: ancillary probate of foreign wills and recording of wills previously probated elsewhere.

The 4th edition of the Texas Probate System is based on the new Texas Estates Code, which superseded the Texas Probate Code effective January 1, 2014.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

The fourth 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 Digital Download 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 the Worksheets, the Master Information List, the Checkplan, and the Significant Date 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, AP)
19 Oath of corporate executor or administrator (IA, ADE, TBA, AP)
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
101 Affidavit of notice of probate
102 Certificate of notice of probate
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, AP)
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
101 Affidavit of notice of probate
102 Certificate of notice of probate
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
103 In lieu of inventory, appraisement, and list of claims
104 Service of citation (heirship)
113 Service of citation (final account)

ANCILLARY PROBATE

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, AP)
19 Oath of corporate executor or administrator (IA, ADE, TBA, AP)
100 Beneficiary’s waiver of notice of probate
101 Affidavit of notice of probate
102 Certificate of notice of probate
118 Application for ancillary probate of will
119 Distributee’s agreement to ancillary independent administration
120 Proof of death and other facts (AP)
121 Order admitting will to ancillary probate

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
118 Probate of will (AP)

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
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)

CLAIMS AGAINST ESTATE (see Creditors)

CLOSE ESTATE

67 Application to close estate and to discharge personal representative
68 Order closing estate and discharging personal representative
117 Distribution deed

CREDITORS

20 Newspaper notice to creditors
21 Proof of mailing notice to secured creditors
58 Authenticated unsecured claim
123 Allowance of claim
124 Memorandum of allowance of claim
125 Rejection of claim
126 Memorandum of rejection of claim
127 Objection to claim
128 Memorandum of objection to 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

DEEDS

45 Deed for sale of real property following court approval of sale
117 Distribution deed

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, AP)
19 Oath of corporate executor or administrator (IA, ADE, TBA, AP)
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
101 Affidavit of notice of probate
102 Certificate of notice of probate
103 Affidavit in lieu of inventory, appraisement, and list of claims

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
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, AP)
19 Oath of corporate executor or administrator (IA, ADE, TBA, AP)
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
101 Affidavit of notice of probate
102 Certificate of notice of probate
103 Affidavit in lieu of inventory, appraisement, and list of claims
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
122 Waiver of right to receive

LAWYER’S CREED

99 Texas Lawyer’s Creed

LAWYER’S TRUST ACCOUNT

129 Statement under Estates Code, chapter 456
130 Agreement under Estates Code, chapter 456
131 Estates Code, chapter 456

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
101 Affidavit of notice of probate
102 Certificate of notice of probate

OATH

18 Individual (IA, ADE, AWA, TBA, AP)
19 Corporate executor or administrator (IA, ADE, TBA, AP)
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)
121 Admitting will to probate (AP)

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 inCourt)
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)
120 Death and other facts (AP)

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
117 Distribution deed

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
107 Citation and notice (IBA, PDH, RDA)
122 Of right to receive inventory and appraisement

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