Miscellaneous procedures

• Author: Keith Branyon
• Pages: 395-420

MISCELLANEOUS

PROCEDURES

11-1

CHAPTER 11

MISCELLANEOUS PROCEDURES

I. SMALL ESTATE AFFIDAVIT

§11:01 Criteria for a Small Estate Aff‌idavit

§11:02 Contents of Aff‌idavit

§11:03 Signatures on Aff‌idavit

§11:04 Filing and Court Approval of Aff‌idavit

§11:05 Use of Aff‌idavit to Collect Estate

§11:06 Use of Aff‌idavit to Transfer Homestead

§11:07 Recording the Aff‌idavit

II. ORDER OF NO ADMINISTRATION

§11:10 Criteria for an Application for Order of No Administration

§11:11 Contents of Application

§11:12 Prayer for Family Allowance

§11:13 Filing and Notice

§11:14 Hearing and Order

§11:15 Effect of Order

§11:16 Revocation of Order

III. SUMMARY PROCEEDINGS BY PERSONAL REPRESENTATIVES

§11:20 Criteria for a Small Estate Summary Procedure

§11:21 Application

§11:22 Court Order

IV. ADMINISTRATION OF COMMUNITY PROPERTY

A. Sur viving Spouse Is the Sole Intestate Heir

§11:30 All Community Property Passes to Surviving Spouse

§11:31 Community Property Is Liable for Debts

B. Surviving Spouse Is Not the Sole Intestate Heir

§11:40 Powers of Surviving Spouse With No Administration

§11:41 Duties of Surviving Spouse

§11:42 Distribution of Powers Over Community Property

V. DISCLAIMERS

§11:50 A Disclaimer Renounces a Bequest

§11:51 Interests That Can Be Disclaimed and Who Can Execute

§11.52 Requirements for a Valid Disclaimer

MISCELLANEOUS

PROCEDURES

Texas Probate Forms & Procedures 11-2

VI. HOMESTEAD AND EXEMPT PROPERTY

§11:60 Exempt Property May Be Set Aside

§11:61 Applying for a Set Aside

VII. FORMS

Form 11-1 Small Estate Aff‌idavit

Form 11-2 Order Approving Small Estate Aff‌idavit

Form 11-3 Application for Order of No Administration

Form 11-4 Order of No Administration (Estate Exhausted)

Form 11-5 Order of No Administration (Estate Not Exhausted)

Form 11-5.1 Aff‌idavit of Surviving Spouse

Form 11-6 Disclaimer

Form 11-7 Request for Designation of Probate Homestead and Other Exempt Property

[Independent or Dependent Administrations]

Form 11-8 Order Designating Probate Homestead and Other Exempt Property

Form 11-9 Designation of Probate Homestead and Other Exempt Property by Independent Executor