Independent administration

• Author: Keith Branyon
• Pages: 137-230

INDEPENDENT

ADMINISTRATION

7-1

CHAPTER 7

INDEPENDENT ADMINISTRATION

I. FILING AN INDEPENDENT ADMINISTRATION APPLICATION

A. General Points

§7:01 Choosing Independent Administration and the Title of the Personal Representative

§7:02 Time to File

§7:03 Person to File

§7:04 Person to Serve as Personal Representative

B. Preparing the Application

§7:10 Self-Proved Will

§7:11 No Self-Proving Aff‌idavit

§7:12 Holographic or Attested Will

§7:13 Lost Will

§7:14 Will Does Not Provide for Independent Administration

§7:15 Decedent Died Intestate

C. Notice and Citation

§7:20 Clerk Issues Citation by Posting

§7:21 Situations Requiring Personal Service

II. HEARING

A. Evidence and Documents Needed for the Hearing

§7:30 Will Produced in Court

§7:31 Will Not Produced in Court

§7:32 Intestacy

§7:33 Bond

B. The Hearing and Order

§7:40 Scheduling

§7:41 Necessar y Witnesses

§7:42 Order

§7:43 Oath

§7:44 Bond

III. AFTER THE HEARING

§7:50 Qualif‌ication of Representative

§7:51 Designation of Resident Agent

§7:52 Letters Testamentary or Letters of Administration

IV. DUTIES OF REPRESENTATIVE

A. Notices

§7:60 Requirement and Penalty for Failure

INDEPENDENT

ADMINISTRATION

Texas Probate Forms & Procedures 7-2

§7:61 Benef‌iciaries

§7:62 General Creditors

§7:63 Secured Creditors

§7:64 Unsecured Creditors

§7:65 Tracking the Notices

B. Collection of Assets

§7:70 Collecting Assets Is the Executor’s Primary Duty

§7:71 Contingent-Fee Contracts

§7:72 Valuation

§7:73 Bank and Brokerage Accounts

§7:74 Insurance and Annuities

§7:75 Real Estate

§7:76 Miscellaneous Personal Property

§7:77 Suits to Collect Assets

§7.78 Nontestamentary Assets

C. Inventory

§7:80 Original Inventory, Appraisement, and List of Claims, or Aff‌idavit in Lieu of Inventory

§7:81 Joint Personal Representatives

§7:82 Corrected or Amended Inventory and Appraisement,

or Aff‌idavit in Lieu of Corrected or Amended Inventory

§7.83 Successor Representatives

§7:84 Distribution of Real Estate

D. Claims of Creditors

§7:90 Notice to Creditors

§7:91 Classif‌ication of Claims

§7:92 Suits Against the Personal Representative

E. Demands for Accounting and Distribution

§7:100 Limits to Independence

§7:101 Demand for an Accounting

§7:102 Demand for an Accounting and Distribution

V. CLOSING THE ADMINISTRATION

§7:110 Alternatives for Closing the Administration

§7:111 By Partition

§7:112 By Closing Repor t or Notice of Closing Estate

§7:113 By Application of a Distributee

§7:114 By Declaratory Judgment Discharging Liability

VI. FORMS

Form 7-1 Declination to Serve as Independent Executor

Form 7-2 Application for Probate of Will and Issuance of Letters Testamentary

Form 7-2.1 Benef‌iciary’s Consent to Grant Power of Sale

Form 7-3 Application for Probate of Copy of Will and Issuance

of Letters Testamentary (Original Will Not Found)

Form 7-4 Application for Probate of Will and Issuance of Letters of Independent Administration

(Will Did Not Provide for Independent Administration)

Form 7-5 Benef‌iciary’s Waiver of Citation and Consent to Independent Administration

(§401.002(a)&(b)—Will Did Not Provide for Independent Administration)

Form 7-6 Benef‌iciary’s Waiver of Citation and Consent to Independent Administration

(§401.003—Decedent Died Intestate)

Form 7-7 Application to Determine Heirship and for Letters of Independent Administration

(Decedent Died Intestate)

Form 7-7.1 Waiver of Citation by Benef‌iciary Pursuant to §258.002

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

INDEPENDENT

ADMINISTRATION

7-3 Independent Administration

Form 7-9 Aff‌idavit of Proof of Decedent’s Handwriting and Signature

Form 7-10 Aff‌idavit of Decedent’s Signature by Subscribing Witness

Form 7-11 Aff‌idavit of Proof of Death and Other Facts (Copy of Will)

Form 7-12 Aff‌idavit of Proof of Death and Other Facts (No Will—Aff‌iant May Be an Heir)

Form 7-13 Aff‌idavit of Proof of Death and Other Facts (No Will—Aff‌iant Not an Heir)

Form 7-14 Order Admitting Will to Probate and Authorizing Letters Testamentary

(Letters of Independent Administration With Will Annexed)

Form 7-15 Order Admitting Copy of Will to Probate and Authorizing Letters Testamentary

Form 7-16 Judgment Declaring Heirship and Order Authorizing Letters of Independent Administration

Form 7-17 Oath (Independent Executor)

Form 7-18 Oath (Independent Administrator With Will Annexed)

Form 7-18.1 Oath (Independent Administrator—No Will)

Form 7-19 Personal Surety Bond

Form 7-19.1 Order Approving Bond

Form 7-20 Letter to Independent Personal Representative Regarding Duties

Form 7-21 Appointment of Resident Agent

Form 7-22 Letter to Benef‌iciary Providing Notice of Probate

Form 7-23 Waiver of Tex Est C §308.002 Notice, and Receipt of Property

Form 7-24 Waiver of Tex Est C §308.002 Notice

Form 7-25 Personal Representative’s Aff‌idavit of Providing Notice Pursuant to Tex Est C §308.002

Form 7-25.1 Attorney’s Certif‌icate of Providing Notice Pursuant to Tex Est C §308.002

Form 7-26 Letter to Individual Benef‌iciary With Request for Information

Form 7-27 Mandatory Notice to Creditors (General Notice)

Form 7-28 Publisher’s Aff‌idavit of Publication of Notice to Creditors

Form 7-29 Mandatory Letter Notice to Secured Creditor

Form 7-29.1 Aff‌idavit Regarding Notice Pursuant to §308.053

Form 7-30 Permissive Letter Notice to Unsecured Creditor

Form 7-31 Chart of Notices and Subsequent Deadlines and Actions

Form 7-32 Letter From Executor Authorizing Release of Information to Attorney

Form 7-33 Letter to Decedent’s Bank

Form 7-34 Letter to Decedent’s Brokerage Company

Form 7-35 Letter to Insurance Company

Form 7-36 Inventory, Appraisement, and List of Claims

Form 7-36.1 Aff‌idavit in Lieu of Inventory, Appraisement and List of Claims

Form 7-37 Application for Extension of Time to File Inventory, Appraisement, and List of Claims

Form 7-37.1 Distribution Deed

Form 7-38 Closing Report Pursuant to Tex Est C §405.005

Form 7-38.1 Notice of Closing Estate Pursuant to Tex Est C §405.006

Form 7-39 Acknowledgment of Receipt of Property by Benef‌iciary

Form 7-40 Application for Judicial Discharge