Estate Administration

AuthorCindy Stormer
I. General Points
§12:01 The Attorney Represents the Estate
§12:02 Jurisdiction and Venue
§12:03 Personal Representatives
§12:04 Requirements to Probate a Will
§12:05 Four-Year Period for Probate
§12:06 The Estate Tax Return
§12:07 Statute of Limitations to Contest Probate
§12:08 Suing or Defending an Estate
II. Client Interview
§12:10 Acknowledge the Emotional Effects
§12:11 Obtain Basic Information Before the Interview
§12:12 Establish the Proper County
§12:13 Obtain All Necessary Information
§12:14 Review the Assets
§12:15 Determine the Appropriate Proceedings
§12:16 Explain the Procedure and Fees
III. Analyzing the Estate
§12:20 Non-Probate Assets
§12:21 Debts
§12:22 Partition
§12:23 Community Property
IV. Special Proceedings
A. No Will or Lost Will
§12:30 Application to Determine Heirship
§12:31 Intestate Succession
§12:32 Probate of a Lost Will
B. Small Estates
§12:40 Intestate Decedent; Affidavit of Heirship
§12:41 Small Estate Affidavit
C. Muniment of Title
§12:50 General Points
§12:51 Applying for Probate as Muniment of Title
§12:52 Contesting the Procedure
§12:53 Muniment of Title Hearing
§12:54 After the Muniment of Title Hearing
D. Independent Administration
1. Establishing Administration
§12:60 Availability and Advantages of Independent Administration
§12:61 Initiating Independent Administration
§12:62 Hearing on Independent Administration
§12:63 After the Hearing
§12:64 Notice to Beneficiaries
§12:65 Notice to Creditors
§12:66 Claims Process
2. Proceedings During Administration
§12:70 Oath and Bond
§12:71 Inventory
§12:72 Order of Payment of Claims and Allowances
§12:73 Accounting
§12:74 Removing an Independent Executor
§12:75 Closing Independent Administration
V. Court-Super vised (Dependent) Administration
A. General Points
§12:80 Use and Waiver
§12:81 Citation and Service
§12:82 Minors
§12:83 Out of State Executor or Witnesses
B. Establishing Administration
§12:90 Initiating Court-Supervised (Dependent) Administration
§12:91 Hearing
§12:92 After the Hearing
C. Proceedings During Administration
§12:100 Set Aside of Exempt Property
§12:101 Family Allowance
§12:102 Notice for Presentation of Claims
§12:103 Claims Classification; Priority of Payment
§12:104 Dealing With Claims
§12:105 Bond
§12:106 Sale of Real Property
§12:107 Accounting
§12:108 Operation of Businesses
D. Closing the Estate
§12:110 Disbursing Real Estate
§12:111 Beneficiaries Receipt and Release
§12:112 Account for Final Settlement
§12:113 Appeals
Form 12:09 Consent and Agreement to Substitute an Independent Executor
Form 12:10 Client Intake Questionnaire
Form 12:20 Client Interview—Probate
Form 12:30 Analyzing the Type of Probate Procedure
Form 12:40 Heirship Questionnaire
Form 12:50 Heirship Affidavit
Form 12:60 Procedure for Affidavit of Heirship
Form 12:70 Application to Determine Heirship
Form 12:80 Motion to Appoint Attorney Ad Litem in Heirship Proceeding
Form 12:90 Answer by Ad Litem to Application of Heirship
Form 12:100 Affidavit of Facts—Heirship
Form 12:110 Small Estate Administration Letter of Representation
Form 12:120 Small Estate Affidavit and Order
Form 12:130 Muniment of Title Application
Form 12:140 Muniment of Title, Office Procedures
Form 12:150 Order Admitting the Will to Probate as a Muniment of Title
Form 12:160 Proof of Death and Other Facts—Muniment of Title
Form 12:170 Proof of Handwriting
Form 12:180 Muniment Script
Form 12:190 Letter to Client on Muniment
Form 12:200 Letter of Representation, Independent Administration
Form 12:210 Temporary Administration Letter
Form 12:220 Application for Letters Testamentary
Form 12:230 Application for Independent Administration
Form 12:240 Oath of Independent Administration
Form 12:250 Proof of Death and Other Claims, Independent Administration
Form 12:260 Waiver and Renunciation of Rights to Letters Testamentary
Form 12:270 Waiver of Dependent Administration and Bond
Form 12:280 Waiver of Citation
Form 12:290 Family Allowance
Form 12:300 Independent Administration Order—Testamentary
Form 12:310 Independent Administration Order—Non-Testamentary
Form 12:320 Independent Administration, Agreed Order
Form 12:330 Independent Administration Script
Form 12:340 Independent Administration Office Procedures
Form 12:350 Notice to Creditors
Form 12:360 Letter Regarding Notice to Creditors
Form 12:370 Second Letter of Representation—Independent Administration
Form 12:380 Inventory—Probate
Form 12:390 Letter to Client Regarding Inventory
Form 12:400 Receipt and Release
Form 12:410 Letter to Claimant
Form 12:420 Closing the Independent Estate
Form 12:430 Agreement—Probate
Form 12:440 Authorization
Form 12:450 Letter of Representation, Agreement to Proceed as Independent
Form 12:460 Waiver of Right to Proceed as Dependent Administration
Form 12:470 Letter of Representation—Dependent Administration
Form 12:480 Application for Dependent Administration—Testamentary
Form 12:490 Proof of Death—Dependent Administration
Form 12:500 Order Admitting Will to Probate as Dependent Administration
Form 12:510 Dependent Administration Office Procedures
Form 12:520 Dependent Administration Script—Will
Form 12:530 Dependent Administration Script—No Will
Form 12:540 Letter of Representation 2—Dependent Administration
Form 12:550 Notice to Claimant
Form 12:560 Authenticated Unsecured Claim Form
Form 12:570 Letter to Claimant—Secured Claim

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