Estate Administration

• Author: Cindy Stormer
• Pages: 1067-1196

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ESTATE

ADMINISTRATION

CHAPTER 12

ESTATE ADMINISTRATION

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

ESTATE

ADMINISTRATION

TEXAS SMALL-FIRM PRACTICE TOOLS 12−2

ESTATE

ADMINISTRATION

§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

Forms

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

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ESTATE

ADMINISTRATION

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