Dependent administration

• Author: Keith Branyon
• Pages: 231-346

DEPENDENT

ADMINISTRATION

8-1

CHAPTER 8

DEPENDENT ADMINISTRATION

I. FILING A DEPENDENT ADMINISTRATION APPLICATION

A. General Points

§8:01 Choosing a Dependent Administration

§8:02 Time to File

§8:03 Person to File

§8:04 Person to Serve as Personal Representative

B. Preparing the Application

§8:10 Self-Proved Will

§8:11 No Self-Proving Aff‌idavit

§8:12 Holographic or Attested Will

§8:13 Lost Will

§8:14 Defective Will or Intestacy

C. Notice and Citation

§8:20 Clerk Issues Citation by Posting

§8:21 Situations Requiring Personal Service

II. THE HEARING

A. Documents for Hearing

§8:30 Will Produced in Court

§8:31 Will Not Produced in Court

§8:32 Intestacy

§8:33 Bond

B. The Hearing and Order

§8:40 Scheduling

§8:41 Necessary Witnesses

§8:42 Order

§8:43 Oath

§8:44 Bond

III. AFTER THE HEARING

§8:50 Qualif‌ication of Representative

§8:51 Designation of Resident Agent

§8:52 Letters Testamentary or Letters of Administration

IV. DUTIES OF REPRESENTATIVE

A. Limits of Authority

§8:60 Court Approval Required

§8:61 Powers Without Court Approval

DEPENDENT

ADMINISTRATION

Texas Probate Forms & Procedures 8-2

§8:62 Special Situations

§8:63 Ratif‌ication and Approval of Actions

B. Notices

§8:70 Requirement and Penalty for Failure

§8:71 Benef‌iciaries

§8:72 General Creditors

§8:73 Secured Creditors

§8:74 Unsecured Creditors

§8:75 Tracking the Notices

C. Collection of Assets

§8:80 Collecting Assets Is the Personal Representative’s Primary Duty

§8:81 Contingent-Fee Contracts

§8:82 Valuation

§8:83 Bank and Brokerage Accounts

§8:84 Insurance and Annuities

§8:85 Real Estate

§8:86 Miscellaneous Personal Property

§8:87 Nontestamentary Assets

D. Inventory

§8:90 Original Inventory, Appraisement, and List of Claims

§8:91 Joint Personal Representatives

§8:92 Corrected or Amended Inventory, Appraisement, and List of Claims

E. Claims of Creditors

§8:100 Notice to Creditors

§8:101 Classif‌ication of Secured Claims

F. Sales and Rentals

§8:110 Sales Require Court Authority

§8:111 Application for Authority for Sale

§8:112 Reporting a Sale

§8:113 Court Approval of a Sale

§8:114 Rentals

§8:115 Transactions Involving Minerals

G. Annual Accounts

§8:120 Annual Accounts Are Required

§8:121 Changes and New Property

§8:122 Court Approval of Annual Account

V. CLOSING THE ADMINISTRATION

§8:130 Final Accounting

§8:131 Distribution

§8:132 Closing the Estate

VI. FORMS

Form 8-1 Declination to Serve as Executor

Form 8-2 Waiver of Citation and Consent to Dependent Administration (With Will Annexed)

Form 8-3 Application for Probate of Will and Issuance of Letters Testamentary

Form 8-4 Application for Probate of Copy of Will and Issuance of Letters Testamentary

(Original Will Not Found)

Form 8-5 Application for Probate of Will and Issuance of Letters of Dependent Administration

With Will Annexed (Will Did Not Name a Personal Representative, or the

Named Person Declined to Serve)

Form 8-6 Application for Letters of Dependent Administration (Decedent Was Intestate)

Form 8-6.1 Waiver of Citation by Distributee Pursuant to §258.002

Form 8-7 Aff‌idavit of Proof of Death and Other Facts (Standard Form)

DEPENDENT

ADMINISTRATION

8-3 Dependent Administration

Form 8-8 Aff‌idavit of Proof of Decedent’s Handwriting and Signature

Form 8-9 Aff‌idavit of Decedent’s Signature by Subscribing Witness

Form 8-10 Aff‌idavit of Proof of Death and Other Facts (Copy of Will)

Form 8-11 Aff‌idavit of Proof of Death and Other Facts (No Will — Aff‌iant May Be an Heir)

Form 8-12 Aff‌idavit of Proof of Death and Other Facts (No Will — Aff‌iant Not an Heir)

Form 8-13 Order Admitting Will to Probate and Authorizing (Letters Testamentary or Letters

of Dependent Administration With Will Annexed)

Form 8-14 Order Admitting Copy of Will to Probate and Authorizing

(Letters Testamentary or Letters of Dependent Administration With Will Annexed)

Form 8-15 Order Authorizing Letters of Dependent Administration

Form 8-16 Oath (Dependent Executor — Will Annexed)

Form 8-17 Oath (Dependent Administrator — No Will)

Form 8-18 Personal Surety Bond

Form 8-18.1 Order Approving Bond

Form 8-19 Letter to Dependent Personal Representative Regarding Duties

Form 8-20 Appointment of Resident Agent

Form 8-21 Application to Ratify Expenditures

Form 8-22 Order Approving Application to Ratify Expenditures

Form 8-23 Letter to Benef‌iciary Providing a Copy of the Will and Notice of Probate

Form 8-24 Benef‌iciary’s Receipt of Property and Waiver of Tex Est C §308.002 Notice

Form 8-25 Benef‌iciary’s Waiver of Tex Est C §308.002 Notice

Form 8-26 Personal Representative’s Aff‌idavit of Providing Notice Pursuant to Tex Est C §308.002

Form 8-26.1 Attorney’s Certif‌icate of Providing Notice Pursuant to Tex Est C §308.002

Form 8-27 Letter to Individual Benef‌iciary With Request for Information

Form 8-28 Mandatory Notice to Creditors (General Notice)

Form 8-29 Publisher’s Aff‌idavit of Publication of Notice to Creditors

Form 8-30 Mandatory Letter Notice to Secured Creditor

Form 8-30.1 Aff‌idavit Regarding Notice Pursuant to §308.053

Form 8-31 Permissive Letter Notice to Unsecured Creditor

Form 8-32 Chart of Notices and Subsequent Deadlines and Actions

Form 8-33 Letter From Personal Representative Authorizing Release of Information to Attorney

Form 8-34 Letter to Decedent’s Bank

Form 8-35 Letter to Decedent’s Brokerage Company

Form 8-36 Letter to Decedent’s Insurance Company

Form 8-37 Inventory, Appraisement, and List of Claims

Form 8-38 Application for Extension of Time to File Inventory, Appraisement, and List of Claims

Form 8-39 Application for Sale of Real Property

Form 8-40 Order of Sale of Real Property

Form 8-41 Addendum to Real Estate Contract

Form 8-42 Report of Sale of Real Property

Form 8-43 Decree Conf‌irming Sale of Real Property

Form 8-43.1 Application to Lease Mineral Property (§§358.051, et seq.))

Form 8-43.2 Order Granting Application to Lease Mineral Property

Pursuant to §§358.051, et seq., Texas Estates Code

Form 8-43.3 Application to Lease Mineral Property (§358.101)

Form 8-43.4 Order Granting Application to Lease Mineral

Property Pursuant to §358.102, Texas Estates Code

Form 8-44 Annual Account

Form 8-45 Order Approving Annual Account

Form 8-46 Account for Final Settlement

Form 8-46.1 Personal Representative’s Aff‌idavit of Providing

Notice of Account for Final Settlement (§362.005)

Form 8-46.2 Attorney’s Certif‌icate of Providing Notice of Account for Final Settlement (§362.005)

Form 8-47 Order Approving Account for Final Settlement