TEXAS FORMS MANUAL TEXAS PROBATE - Knowles Publishing

1 TEXAS FORMS MANUALA GUIDE TOTEXAS PROBATECHAPTER IPROBATE CHECKLIST, ENGAGEMENTG etting the information needed to PROBATE a will, to open a guardianship, to document your engagement, and to deliverinformation to the personal representative of an estate is an important prerequisite to your service as legal counsel. Yourengagement is by the person seeking the appointment who will become the estate representative. Your allegiance is tothe person who has employed you and not to the estate of the decedent or the I-01 Checklist Information Needed to PROBATE a WillForm I-02 Checklist Information Needed for an Intestate EstateForm I-03 Checklist Information Needed for a GuardianshipEngagement ContractForm I-04 Will PROBATE Engagement Contract and Power of AttorneyForm I-05 Administration Engagement Contract and Power of AttorneyForm I-06 Heirship Engagement Contract and Power of AttorneyForm I-07 Guardianship Engagement Contract and Power of AttorneyPower of Attorney to Legal CounselForm I-08 PROBATE of Will Power of AttorneyForm I-09 Administration Power of AttorneyForm I-10 Guardianship Power of AttorneyInformation Provided to

2 The Personal Representative Concerning DutiesForm I-11 Procedures Required for the Administration and Settlement of an Estate Following DeathForm I-12 Procedures Required for the Administration of a Guardianship Estate*MISCELLANEOUS FORMS * form I-13 Notice Concerning Fiduciary Relationship ( form 56) form I-14 Application for Employer Identification Number ( form SS-4) form I-15 Life Insurance Statement ( form 712)CHAPTER IIINDEPENDENT ADMINISTRATIONThis chapter pertains to the PROBATE of a will that provides for the independent administration of the estate with theappointment of an independent executor without a bond. Along with the basic FORMS needed to complete this process,we are also providing alternative FORMS for proof of execution where the will is not self-proved, FORMS for the closure ofthese estates.

3 And FORMS needed to appoint a successor should the need Document and Time Period ChecklistIndependent Estate With WillForm II-01 Independent Estate Attorney ChecklistApplication for PROBATE of Will and Letters TestamentaryForm II-02 Application to PROBATE Will and Issuance of Letters TestamentaryProof of Death and Other FactsForm II-03 Written Testimony and Other Facts Pursuant to Chapters 256 and 301 of the TEXAS Estates CodeKNOWLES Publishing PAGE 1 Abbreviated Proof of Death FormForm II-04 Proof of Death and Other FactsProof of Will FactsForm II-05 Witness for Proof of Non-Self-Proved WillForm II-06 Witness for Proof of Holographic Will4 form II-07 Witness Proof for NonrevocationProof of Will by Deposition on Written QuestionsForm II-08 Motion to Withdraw Purported WillForm II-09 Order Granting Motion to Withdraw Purported WillForm II-10 Receipt for Purported WillForm II-11 Petition for Deposition Upon Written Questions to Prove Execution of WillForm II-12 Notice By PostingForm II-13 Order Granting Motion for Deposition Upon Written QuestionsForm II-14 Answers of Witness to Deposition Upon Written QuestionsOrder Admitting Will to PROBATE and Authorizing Letters TestamentaryForm II-15 Order Probating Will With Letters TestamentaryOath of Independent ExecutorForm II-16 Oath of Independent ExecutorNotice to Named BeneficiariesForm II-17 Notice to Beneficiary Named in Decedent s WillForm II-18 Waiver of Notice of Admission of

4 WillForm II-19 Affidavit of Notice to Beneficiaries Named in Decedent s WillForm II-20 Attorney s Certificate of Notice to Beneficiaries Namedin Decedent s WillNotice to CreditorsForm II-21 Published Notice to CreditorsForm II-22 Mailed Notice to Secured CreditorsForm II-23 Proof of Notice to Secured CreditorsForm II-24 Mailed Permissive Notice to General CreditorsForm II-25 Proof of Permissive Notice to General CreditorsApplication for Extension of Time to File PROBATE InventoryForm II-26 Application for Extension of Time to FileInventory, Appraisement, and List of ClaimsForm II-27 Order for Extension to FileInventory, Appraisement, and List of ClaimsStatutory PROBATE Inventory and List of ClaimsForm II-28 Inventory, Appraisement, and List of ClaimsForm II-29 Order for Inventory, Appraisement, and List of ClaimsStatutory PROBATE Inventory Including a Listing of Section ValuesForm II-30 Statutory PROBATE Inventory, Appraisement, and List of ClaimsForm II-31 Order Approving Inventory, Appraisement.

5 And List of ClaimsApplication for Sale of Real PropertyForm II-32 Application for Sale of Real PropertyForm II-33 Order Setting Hearing on Application for Sale of Real PropertyForm II-34 Order of Sale of Real PropertyReport and Decree of Sale of Real PropertyForm II-35 Report of Sale of Real PropertyForm II-36 Decree Confirming Sale of Real PropertyForm II-37 DeedApplication for Sale of Personal PropertyForm II-38 Application for Sale of Personal PropertyUnder Sections of the TEXAS Estates CodeKNOWLES Publishing PAGE 2 form II-39 Order of Sale of Personal PropertyUnder Sections of the TEXAS Estates CodeReport and Decree of Sale of Personal PropertyForm II-40 Report of Sale of Personal PropertyForm II-41 Decree Confirming Sale of Personal PropertyAffidavit Closing Independent EstateForm II-42 Affidavit Closing Independent Estate Under Chapter 405 form II-43 Closing ReportForm II-44 Receipt and Release* MISCELLANEOUS FORMS *Application for the Appointment of SuccessorIndependent Executor/Administrator With Will AnnexedForm II-45 Application for Appointment of Successor IndependentExecutor/Administrator With Will AnnexedOrder Appointing SuccessorIndependent Executor/Administrator With Will AnnexedForm II-46 Order Appointing SuccessorIndependent Executor/Administrator With Will AnnexedWaiver of Citation and Request for Independent Administration Under Section II-47 Waiver of Citation and Service Pursuant to Section of Resident

6 AgentForm II-48 Designation of Resident AgentDesignation of Successor Resident AgentForm II-49 Designation of Successor Resident AgentIndependent Executor s Section AccountingForm II-50 Independent Executor s Accounting Under Section of the TEXAS Estates CodeDisclaimer of Property or Interest in EstateForm II-51 DisclaimerWaiver of Notice and Citation for Will Over Four YearsForm II-52 Waiver of Notice and Citation for Will Over Four YearsDeclaratory Judgment for Judicial DischargeForm II-53 Original Petition for Declaratory Judgment forJudicial Discharge of Independent ExecutorForm II-54 Receipt of PropertyForm II-55 Declaratory Judgment Waiver of Notice and CitationDeclaratory JudgmentForm II-56 Declaratory Judgment Judicial DischargeFamily AllowanceForm II-57 Application for Family AllowanceForm II-58 Family Allowance OrderAppointment of Statutory PROBATE JudgeForm II-59 Application for Appointment of a Statutory PROBATE JudgeForm II-60 Order for Assignment of a Statutory PROBATE JudgeTransfer to a Statutory PROBATE CourtForm II-61 Motion to Transfer Proceedings to a Statutory PROBATE CourtForm II-62 Order Transferring Proceedings to a Statutory PROBATE CourtKNOWLES Publishing PAGE 3 CHAPTER IIIINDEPENDENT ADMINISTRATION NO WILLThis chapter pertains to the appointment of an Independent Administrator where the will fails to make such appointment orwhere there is no will and the estate beneficiaries

7 Desire to create an independent estate. Where there is no will, you need to usethe procedure for the Determination of Heirship. See Heirship Application and related FORMS in chapter V. The court will requireyou to have the Heirship Determination heard either at the same time or before the Application for Independent is necessary so that all parties who need to be served or have waivers filed can be determined. Be aware that the Code andmost courts will require a signed, filed waiver and consent before the person will be appointed and allowed to act successor appointment FORMS , see chapter Document and Time Period Checklist Independent Administration Chapter 401 form III-01 Attorney ChecklistApplication for Independent AdministrationForm III-02 Application to PROBATE Will and for Letters of Independent AdministrationWaiver of Citation and Request for Independent AdministrationForm III-03 Waiver of Citation and ServiceProof of Death and Other FactsForm III-04 Written Testimony and Other Facts UnderChapters 256 and 301 of the TEXAS Estates CodeAbbreviated Proof of Death FormForm III-05 Proof of Death and Other FactsProof of Will FactsForm III-06 Witness for Proof of Non-Self-Proved WillForm III-07 Witness for Proof of Holographic WillForm III-08 Witness Proof for NonrevocationDeposition Proof

8 Of Will and Heirship FactsForm III-09 Application to Withdraw Will for Deposition on Written QuestionsForm III-10 Order Granting Application to Withdraw Will for DepositionForm III-11 Application for Deposition on Written QuestionsForm III-12 Order Granting Leave to Take Deposition Upon Written QuestionsForm III-13 Receipt for Purported WillOrder Appointing Independent AdministratorForm III-14 Order Authorizing Issuance of Letters of Independent AdministrationOath of Independent AdministratorForm III-15 Oath of Independent AdministratorBond of Independent AdministratorForm III-16 Bond of Independent AdministratorNotice to CreditorsForm III-17 Published Notice to CreditorsForm III-18 Mailed Notice to Secured CreditorsForm III-19 Proof of Notice to Secured CreditorsForm III-20 Mailed Permissive Notice to General CreditorsForm III-21 Proof of Permissive Notice to General CreditorsExtension of Time to File PROBATE InventoryForm III-22 Application for Extension of Time to FileInventory, Appraisement, and List of ClaimsForm III-23 Order for Extension of Time to FileInventory, Appraisement, and List of ClaimsProbate Inventory and List of ClaimsForm III-24 Inventory, Appraisement, and List of ClaimsForm III-25 Order for Inventory, Appraisement.

9 And List of ClaimsKNOWLES Publishing PAGE 4 Application for Sale of Real PropertyForm III-26 Application for Sale of Real PropertyForm III-27 Order Setting Hearing on Application for Sale of Real PropertyForm III-28 Order of Sale of Real PropertyReport and Decree of Sale of Real PropertyForm III-29 Report of Sale of Real PropertyForm III-30 Decree Confirming Sale of Real PropertyForm III-31 DeedClosing Independent AdministrationForm III-32 Affidavit Closing Independent AdministrationForm III-33 Receipt and Release*MISCELLANEOUS FORMS * Designation of Resident AgentForm III-34 Designation of Resident AgentDesignation of Successor Resident AgentForm III-35 Designation of Successor Resident AgentDisclaimer of Property or Interest in EstateForm III-36 DisclaimerWaiver of Notice and Citation for Will Over Four YearsForm III-37 Waiver of Notice and Citation for Will Over Four Years Family AllowanceForm III-38 Application for Family AllowanceForm III-39 Family Allowance OrderAppointment of Statutory Proba