Preliminary Sections

• Author: Keith Branyon
• Pages: 1-24

TEXAS PROBATE

FORMS AND PROCEDURES

BY M. KEITH BRANYON

HIGHLIGHTS

This timesaving combination of forms and law covers each key procedural step in the probate process with the relevant

code sections, summaries of the interpretive cases, and advice for avoiding common pitfalls.

This edition brings you—

NEW FORMS:

• Attorney’s Certif‌icate of Providing Notice Pursuant to Tex Est C §308.002. Form 7-25.1 and Form 8-26.1.

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

• Certif‌icate of Compliance with Section 202.057. Form 10-2.2.

REVISED FORMS:

• Letter to Independent Personal Representative Regarding Duties. Form 7-20.

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

• Letter to Dependent Personal Representative Regarding Duties. Form 8-19.

• Letter to Independent Personal Representative. Form 14-1.

• Letter to Dependent Personal Representative. Form 14-2.

• Additionally, all aff‌idavits have been revised to allow a witness to sign in three different ways—before

a county clerk or a deputy county clerk in open court, before a notary public, or with an Unsworn

Declaration. With an Unsworn Declaration witnesses don’t need to search for a notary public or a clerk

when signing aff‌idavits in probate courts.

PLUS:

• Zoom hearings have exposed an anomaly in the Estate Code regarding when deadlines for various duties

of the personal representative begin to run. §7:51. See also the Chart in §2:06.

• Foreign wills and probate documents not in English that are recorded in the deed records of the Texas

county where the decedent’s real proper ty is located must include a correct English translation along with

the authenticated copies. §13:21.

• When required, personal service on a person outside Texas can be accomplished by any disinterested

person who is competent to make an oath. §§7:21, 8:21, 9:14.

AND MORE!

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