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
  • 1,318 pages
  • Includes supplementation through 2016
  • © 2014-2016
  • $295.00

Hard Copy plus Digital Download, $295

Digital Download Only, $245

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If you already own this book, click to purchase the 2016 supplement.

Need more than one copy? The price for an additional individual license is only $40.

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 2016 supplement updates the Texas Probate System in part by recognizing the requirement of e-filing that has now become effective in all Texas counties and by refining coverage of the procedures for collecting small estates on affidavit under Estates Code chapter 205. Three new letters and a new form have been added, and several other portions of the system, including forms and furnished forms, have been updated.

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.

WORKSHEETS

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Worksheet 1 Proper Probate Procedure (Probate Pathfinder)
Worksheet 2 Insurance on D’s Life
Worksheet 3 Checking and Savings Accounts and Certificates of Deposit
Worksheet 4 Reconcile D’s Checking Account to Balance Furnished by Bank
Worksheet 5 Securities Transfer Record
Worksheet 6 Requirements for Filing Federal Estate (and Generation-Skipping Transfer) Tax Return (IRS Form 706)
Worksheet 7 Valuing Producing Mineral and Royalty Interests
Worksheet 8 Eligibility for Special Use Valuation under IRC, Section 2032A
Worksheet 9 Notice to Beneficiaries
Worksheet 10 Cash Requirements and Cash Available
[Worksheets 11 and 12 are reserved for expansion.]
Worksheet 13 Claims against Estate
Worksheet 14 Marital Deduction under Transitional Rule
Worksheet 15 Probate Chart for All Active Estates Represented by This Firm

FURNISHED FORMS

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Furnished Form 1 IRS Form 4506, Request for Copy of Tax Return
Furnished Form 2 IRS Form 712, Life Insurance Statement
Furnished Form 3 Deposition Envelope (Sample)
Furnished Form 4 Deposition Envelope (Instruction Sample)
Furnished Form 5 IRS Form 4506-T, Request for Transcript of Tax Return
Furnished Form 6 IRS Form SS-4, Application for Employer Identification Number
Furnished Form 7 IRS Form 56, Notice Concerning Fiduciary Relationship
[Furnished Form 8 is reserved for expansion.]
Furnished Form 9 IRS Form 8821, Tax Information Authorization
Furnished Form 10 IRS Form 2848, Power of Attorney and Declaration of Representative
Furnished Form 11 IRS Form 4768, Application for Extension of Time To File a Return and/or Pay U.S. Estate (and Generation Skipping Transfer) Taxes
[Furnished Form 12 is reserved for expansion.]
Furnished Form 13 IRS Form 8822, Change of Address
[Furnished Form 14 is reserved for expansion.]
Furnished Form 15 IRS Form W-9, Request for Taxpayer Identification Number and Certification
Furnished Form 16 Civil Case Information Sheet
Furnished Form 17 Texas Medicaid Estate Recovery Program (MERP) Authorization and MERP Certification

FORMS

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Form 1 Probate Information List
Form 2 Authorize Third Parties to Furnish Information
Form 3 Receipt for Documents
Form 4 Request Court Authority to Enter a Safe Deposit Box
Form 5 Application for Probate of Will (IA)
Form 6 Application for Probate of Will (MT)
Form 7 Proof of Death and Other Facts (IA)
Form 8 Proof by Subscribing Witness
Form 9 Interrogatories to Subscribing Witness
Form 10 Answers to Interrogatories
[Forms 11 and 12 are reserved for expansion.]
Form 13 Notice for Deposition on Written Questions
Form 14 Proof of Decedent’s Handwriting and Signature
Form 15 Appointment of Resident Agent—Individual Executor or Administrator
Form 16 Appointment of Resident Agent—Corporate Executor or Administrator
Form 17 Order Admitting Will to Probate (IA)
Form 18 Oath of Individual (IA, ADE, AWA, TBA, AP)
Form 19 Oath of Corporate Executor or Administrator (IA, ADE, TBA, AP)
Form 20 Newspaper Notice to Creditors
Form 21 Proof of Mailing Notice to Secured Creditors
Form 22 Inventory, Appraisement, and List of Claims
Form 23 Disclaim Full Interest in Estate
Form 24 Irrevocable Stock Power
Form 25 Irrevocable Bond Power
Form 26 Affidavit as to Decedent’s Domicile
Form 27 Extension of Time for Filing Inventory
Form 28 Application for Probate of Will (ADE)
Form 29 Proof of Death and Other Facts (ADE)
Form 30 Receipt and Release
Form 31 Proof of Death and Other Facts (MT)
Form 32 Order Admitting Will to Probate (MT)
Form 33 Order Admitting Will to Probate (ADE)
[Forms 34 and 35 are reserved for expansion.]
Form 36 Supplemental Inventory
Form 37 Affidavit Regarding Debts and Taxes
[Form 38 is reserved for expansion.]
Form 39 Application for Court-Approved Sale of Real Property
Form 40 Verified Exhibit to Be Attached to Application for Court-Approved Sale of Property
[Form 41 is reserved for expansion.]
Form 42 Order Permitting Sale of Real Property
Form 43 Report to Court of Sale of Real Property
Form 44 Order Confirming Sale of Real Property
Form 45 Deed for Sale of Real Property Following Court Approval of Sale
Form 46 Application and Order to Set Aside Order Confirming Sale of Real Property
Form 47 Application for Court-Approved Sale of Personal Property
Form 48 Order Permitting Sale of Personal Property
Form 49 Report to Court of Sale of Personal Property
Form 50 Order Confirming Sale of Personal Property
Form 51 Application for Court-Approved Disposition of Personal Effects
Form 52 Application for Sale of Personal Property Likely to Perish or Waste or Deteriorate in Value
Form 53 Application for Family Allowance
Form 54 Application to Set Aside Exempt Property
Form 55 Application for Allowance in Lieu of Exempt Property
Form 56 Application to Enter into Mineral Lease at Private Sale
Form 57 Order Authorizing Mineral Lease at Private Sale
Form 58 Authenticated Unsecured Claim
Form 59 Application to Expend Funds
Form 60 Application to Reimburse Executor or Administrator
Form 61 Application to Pay Attorney’s Fees
Form 62 Annual Account of Executor or Administrator
Form 63 Verification of Funds on Deposit
Form 64 Confirmation of Safekeeping
Form 65 Account for Final Settlement
Form 66 Order Approving Account for Final Settlement and Authorizing Distribution of Estate
Form 67 Application to Close Estate and to Discharge Personal Representative
Form 68 Order Closing Estate and Discharging Personal Representative
Form 69 Application for Probate of Will (AWA)
Form 70 Waiver and Renunciation of Right to Letters (AWA)
Form 71 Proof of Death and Other Facts (AWA)
Form 72 Order Admitting Will to Probate (AWA)
Form 73 Application for Letters of Administration Where There Is No Will (RDA)

LETTERS

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Letter 1 Probate Information List to Client
Letter 2 Order Letters Testamentary or Letters of Administration
Letter 3 Confirm Representation and Fee and Outline Anticipated Services (IA)
Letter 4 Insurance Policy Already Sent for Collection
Letter 5 Insurance Company Claim Forms
Letter 6 Order Death Certificates
Letter 7 Collect Insurance Benefits
Letter 8 Life Insurance Proceeds to Beneficiary
Letter 9 Life Insurance Policy Excluded from Decedent’s Gross Estate
Letter 10 Return Check to Social Security Administration
Letter 11 Return Check to Veterans Affairs
Letter 12 Employee Death Benefits
Letter 13 Testifying Witness as to Death and Other Facts
Letter 14 Testifying Subscribing Witness
Letter 15 Subscribing Witness Who Will Not Testify in Court (Initial Letter)
Letter 16 Interrogatories to Subscribing Witness
Letter 17 Witness to Decedent’s Handwriting and Signature
Letter 18 Appointment of Resident Agent
Letter 19 Advise Applicant, Executor, or Administrator of Hearing
Letter 20 Oath to Executor or Administrator
Letter 21 Filing Documents with Probate Clerk
Letter 22 Thank Witness for Appearing in Court
Letter 23 Advise of Duties and Actions to Follow (IA)
Letter 24 Document to Be Signed by Executor, Client, or Administrator
Letter 25 Request Employer Identification Number
Letter 26 Notify IRS of Fiduciary Relationship
Letter 27 Cancel Credit Card or Charge Account
Letter 28 Inquiries as to Accounts of Married Decedent
Letter 29 Inquiries as to Accounts of Unmarried Decedent
Letter 30 Account or Safe Deposit Box Inquiry
Letter 31 Change of Address to IRS
Letter 32 Newspaper Notice to Creditors
Letter 33 Notice to Secured Creditor
Letter 34 Disclaimer to Heir or Beneficiary
Letter 35 Copy of Disclaimer to Executor or Administrator
Letter 36 Notify Tenant for Future Payments
Letter 37 Change Records at Central Appraisal District
Letter 38 Terminate Brokerage Accounts
Letter 39 Valuation of Securities
Letter 40 Change of Address for Securities
[Letter 41 is reserved for expansion.]
Letter 42 Documents for Transfer of Securities
Letter 43 Transfer of Securities (IA, ADE, AWA, RDA, PDH, TBA, IBA)
Letter 44 Securities to Transferee
Letter 45 Insurance on Life of Another
Letter 46 Notify Debtor for Future Payments
Letter 47 Documents to Be Signed by Probate Judge
Letter 48 Document to Be Signed before a Notary
[Letters 49 through 56 are reserved for expansion.]
Letter 57 Advise Attorney Ad Litem of Hearing
Letter 58 Dividend Reinvestment Program
Letter 59 Confirm Representation and Fee and Outline Anticipated Services (ADE, AWA)
Letter 60 Order Certified Copies (IA, ADE, AWA, TBA)
Letter 61 Record Proceedings in County Other than County of Probate
Letter 62 Notice of Termination of Fiduciary Relationship
Letter 63 Return All Items
Letter 64 Confirm Representation and Fee and Outline Anticipated Services (MT)
[Letter 65 is reserved for expansion.]
Letter 66 Explain Muniment of Title Procedure and Actions to Follow
[Letter 67 is reserved for expansion.]
Letter 68 Transfer of Securities (MT)
Letter 69 Order Certified Copies (MT)
[Letters 70 through 72 are reserved for expansion.]
Letter 73 Advise of Duties and Actions to Follow (ADE, AWA)
Letter 74 Confirm Representation and Fee and Outline Anticipated Services (TDA)
Letter 75 Claim Form to Creditor
Letter 76 Verification of Funds on Deposit
Letter 77 Confirmation of Safekeeping of Funds, Securities, and Other Items
Letter 78 Copy of Account to Surety
Letter 79 Discharge of Surety
[Letters 80 and 81 are reserved for expansion.]
Letter 82 Notice to Comptroller
Letter 83 Confirm Representation and Fee and Outline Anticipated Services (RDA)
Letter 84 Citation to Newspaper
Letter 85 Confirm Representation and Fee and Outline Anticipated Services (PDH)
Letter 86 Order Certified Copies (PDH)
Letter 87 Confirm Representation and Fee and Outline Anticipated Services (SE)
Letter 88 Transfer of Securities (SE)
Letter 89 Order Certified Copies (SE)
[Letter 90 is reserved for expansion.]
Letter 91 Order Certified Copies (RDA)
Letter 92 Affidavit for Signature (SE)
Letter 93 Account for Final Settlement
Letter 94 Advise of Duties and Actions to Follow (RDA)
[Letters 95 and 96 are reserved for expansion.]
Letter 97 Power of Attorney to IRS
Letter 98 Notice of Appointment of Temporary Administrator (TDA)
Letter 99 Permissive Notice to Unsecured Creditor
Letter 100 Advise Not to Allow Claim
[Letter 101 is reserved for expansion.]
Letter 102 Notify Beneficiary under Decedent’s Will
[Letter 103 is reserved for expansion.]
Letter 104 Inventory to Beneficiary
Letter 105 Order Certified Copies (IBA)
Letter 106 Confirm Representation and Fee and Outline Anticipated Services (TBA)
Letter 107 Confirm Representation and Fee and Outline Anticipated Services (IBA)
Letter 108 Advise of Duties and Actions to Follow (TBA)
Letter 109 Advise of Duties and Actions to Follow (IBA)
Letter 110 Forward Distribution to Heirs and Beneficiaries
Letter 111 Unclaimed Funds to Comptroller
Letter 112 Order Copies of Will Previously Probated in Another State or Country
Letter 113 Record Will Previously Probated in Another State or Country
Letter 114 Confirm Representation and Fee and Outline Anticipated Services (AP—Independent)
Letter 115 Confirm Representation and Fee and Outline Anticipated Services (AP—Dependent)
Letter 116 Advise of Duties and Actions to Follow (AP—Independent)
Letter 117 Advise of Duties and Actions to Follow (AP—Dependent)
Letter 118 Confirm Representation and Fee and Outline Anticipated Services (RW)
Letter 119 Record Distribution Deed
Letter 120 MERP Form to Heir for Signature
Letter 121 MERP Authorization to Agency
Letter 122 Advise Executor or Administrator of Portability Election (Surviving Spouse)
Letter 123 Advise Executor or Administrator of Portability Election (Not Surviving Spouse)
Letter 124 Order Certified Copies (AP)
Letter 125 Response to Preferred Debt and Lien Holder’s Attempt to Collect Deficiency
Letter 126 To Institution Holding Decedent’s Trust or Escrow Account
Letter 127 File Will without Application
Letter 128 File Will Following Application
Letter 129 Confirm Nonengagement

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