f')+ I
Idl~O
TEXAS PRACTICE
,-\y.
SERIESTM
~, 1
Volume 17
PROBATE AND DECEDENTS'
ESTATES
2010 Supplement
By
GERRY W. BEYER
Governor Preston E. Smith Regents Professor of Law,
Texas Tech University
School of Law
Lubbock. Texas
Sections 1-620
Replacing prior Supplement in back of Volume
A Thomson Reuters business
For Customer Assistance Call 1·800·328·4880
Table of Contents
Volume 17
CHAPTER 1. JURISDICTION OF PROBATE
COURT
§1
§2
§3
Probate courts
Constitutional and statutory provisions
Jurisdiction of probate court-In general
§4
Judgments immune to collateral attack
§5
Judgment controls remainder of record
§6
Beginning and end of jurisdiction
§7
Jurisdiction in particular matters
§ 7.5 Challenging jurisdiction [New]
§8
Sale of homestead
§9
Jurisdiction of J>robate court in non-probate mattersConstitutional county courts and county courts at law [New]
§ 9.5 Jurisdiction of statutory probate courts {New]
§ 9.10 Transfer of proceeding to statutory probate court [New]
§9.12 Intra-county transfers [New]
§ 9.15 Assignment of judges [New]
§ 10
Jurisdiction of J>robate court in non-probate mattersConstitutionality of statute {New]
§11
Effect of venue on jurisdiction of probate courts [New]
§ 12
Effect of independent administration on jurisdiction of probate
courts [New]
§ 13
Disqualification of judge [New]
§ 14
2009 Changes {New]
CHAPTER 2. JURISDICTION OF DISTRICT
COURT
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
Jurisdiction of district court-In general
Equity jurisdiction
Conditionally concurrent jurisdiction
Jurisdiction in exceptional cases
Construction of wills
Determination of title
Jurisdiction of federal courts in probate matters
Effect ofpendency of probate proceeding on jurisdiction of district
court [New]
§ 29 2009 Changes [New]
CHAPTER 3. VENUE
§ 43 Venue not jurisdictional under code
v
PROBATE AND DECEDENTS E8l'ATES-TEXAS PRACTICE SERIES
§ 44
§ 45
§ 46
§ 48
§ 49
§ 50
Decedent domiciled in the state
Non-residents of state
Pendency of proceedings in another county as a jurisdictional fact
Transfer of proceedings
Order transferring proceeding
Applicability of venue provisions [New]
CHAPTER 4. PLEADINGS AND PROCEDURE
§ 51
§ 52
§ 53
§ 54
§ 54.5
§ 55
§ 56
§ 58
§ 59
§ 60
§ 61
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
In general
Opposition by any interested person permitted
"Interested person" defined
Challenge of interest-Procedural aspects
Attorneys and guardians ad litem [New]
Costs
Motion for security for costs-Form
Order setting proceeding for hearing-Form
Jury trial
Evidence
Decrees
Attachment
Complaint for attachment-Form
Writ of attachment-Form
Return of writ-Form
Attachment bond-Form
Specific performance
Complaint for specific performance-Form
Citation on complaint for specific performance-Form
Return of citation on complaint for specific performance-Form
Order for specific performance-Form
Conveyance after order for specific performance-Form
Duty and liability of judge
CHAPTER 5. PROBATE RECORDS
§ 81
§ 82
§ 84
§ 85
§ 87
§ 88
§ 89
Probate docket
Claim docket
Probate minutes
Probate fee book
Probate records as notice
Records admissible in evidence
Certified copy of part of clerk's record-Form
CHAPTER 6. REVIEW OF PROBATE
DECREES
A. APPEAL
§ 101
§ 102
§ 103
§ 104
vi
Appellate jurisdiction of district court
Persons entitled to appeal
Parties
Appealable orders
TA.BLE OF CONTENTS
§ 105
§ 105.5
§ 105.10
§ 106
§ 107
§ 108
§ 109
§ 110
§ 111
§ 112
§ 113
§ 114
§ 115
§ 117
§ 118
§ 119
Trial de novo [Deleted]
Perfecting appeals-Rules applicable [New]
Motions for new trial [New]
Notice of appeal
Appeal bond
Order fixing amount of appeal bond-Form
,Appeal in forma pauperis
Affidavit in lieu of bond-Form
Exemptions from bond
Transcript on app'eal
Certification of judgment to the county court
Suspending judgment of probate court
Suspending orders appointing personal representatives
Effect of dismissal of appeal-The current rule
Eff~ct Qf failure to perfect appeal
Suggested reform of appellate system !Deleted]
B. CERTIORARI
§ 120
§ 121
§ 122
§ 123
Persons entitled to writ
Procedure [Deleted]
Application for writ of certiorari-Form [Deleted]
Order granting writ-Form [Deleted]
§ 124 Parties [Deleted]
§ 125 Orders reviewable [Deleted]
§ 126 Time for filing petition [Deleted]
§ 127 Consolidation [Deleted]
C. BILL OF REVIEW
§ 128 A statutory remedy
§ 129 Bill of review-Form
§ 130 Parties
§ 131 Time
CHAPTER 7. CITATIONS AND NOTICES
§ 141
§ 142
§ 143
§ 144
§ 145
§ 146
§ 147
§ 148
§ 150
§ 151
§ 152
§ 153
§ 154
§ 156
Citations and notices in general
In rem character of proceedings
When citation or notice, is necessary
Insufficient or inadequate st8,tutory provisions
Order where no specific form of notice or other practice
prescribed-Form
Issuance and contents
Time of service and return
Personal service
Service by publication
Service by mail
Officer or person making service
Return of citation-Form
Sufficiency ofreturn
Service on attorney
vii
PROBATE AND DECEDENTS EsrATE&-TExAs PRACTICE
SERIES
§ 158 Probating a will after four years beyond testator's death [New]
CHAPTER 8. SIDTS BY AND AGAINST
ESTATES
§ 171
§ 172
§ 173
§ 174
§ 175
§ 176
§ 177
§ 178
Suits for benefit of estate under administration
Suits for benefit of estate when no administration is pending
Suits against the estate when administration is pending
Suits against heirs when no administration is pending
Nature and form of creditor's suit against heirs
Nature and extent of liability of heirs
Venue in suits against personal representatives and heirs
Estate not a legal entity [New]
CHAPTER 9. CONVEYANCES BY HEIRS
AND DEVISEES
§ 191 Sales by heirs or devisees
§ 192 Purchasers relying on court decree
§ 194 Protection of purchasers from heirs
CHAPTER 10. DETERMINATION OF
HEIRSHIP
§ 201
§ 202
§ 203
§ 204
§ 205
Purpose of heirship proceedings
When and where instituted
Procedure
Notice
Transfer of action when will probate or administration
granted
§206 Hearing
§ 206.5 Appointment of attorney [New]
§207 Judgment and its effect
§208
Recorded instruments as prima facie evidence
§209 PetitiQnin action to declare heirships-Form
§21O Declaration of heirship in guardianship proceeding [New]
§211 Disqualification of "bad" parent [New]
§ 212
Genetic testing [New]
CHAPTER 11. PROBATE OF WILLS AND
GRANT OF LETTERS
A. FACTS PREREQillSITE TO PROBATE AND
ADMINISTRATION
§ 221
§ 222
§ 223
§ 224
§ 226
viii
Death as a jurisdictional fact
Proof of death
Period for probate
Excuse for late application
Time for filing application for letters
TABLE OF
CoNTENTS
B. PERSONS QUALIFIED TO APPLY AND SERVE
§ 241
§ 242
§ 243
§ 244
§ 245
§ 246
§ 247
§ 249
§ 252
§ 253
§ 254
§ 255
§ 256
§ 257
§ 258
§ 259
§ 260
§ 262
Compelling production of will and other papers
Civil liability of custodiail of will
Persons who may offer will for probate
Persons Who may apply for appointment of administrator
Order of persons entitled to receive letters-In general
Executor named in the will
Surviving spouse
Next of kin
Disqualifications for service as executor or administrator-In
general
Minority
Insanity and mental impairment
Conviction of a felony
Non-residence
Corporations
Aliens
Coverture
Unsuitable persons
Waiver of right to serve-Form
C. APPUCATIONS
§ 282
Application to probate written will produced in court-In
general
§283 Particular allegations required
§ 283.5 Application for probate of a contractual will [New]
§284 Application for probate of a written will not produced
§285 Application for probate of a written will not.produced-Form
§286 Application for probate of nuncupative will
§287 Application for probate of nuncupative will-Form
§288 Application for letters of administration-In general
Particular allegations required
§ 289
Second application-When original application has not been
§290
heard
§291
Second application...,-When will has been admitted
§294
Contest of applications
§295
Bond to prevent administration
D. METHODS OF PROVING WILLS
§ 311
§ 312
§ 313
§ 314
§ 315
§ 317
§ 318
Self-proved will
Attested written will-Testimony of subscribing witnesses
When witnesses are non-resident or unable to attend court
When witnesses are dead or in the armed forces
Holographic wills not self-proved
Proof of written will not produced in court
Proof of nuncupative will
E. PROOF REQUIRED FOR PROBATE
§ 331 Testimony on application to probate will
ix
PROBATE AND DECEDENTS EgrATES-TExAs PRACTICE SERIES
§ 332
§ 333
§ 334
§ 335
§ 336
§ 337
§ 338
§ 339
§ 342
§ 343
General proof
Proof of particUlar tacts
Additional proof for probate of wiU
Proof of mental capacity-Burd~n·ofproof
.
.
Mental capacity-;-,f\dmissipility and sufficiency ofevidepce
Mental capacity-$pecial issue submission
Proof of non-revocation
Affirmative defenses to application for probate .
Proof of attested written will produced in court-Form
Proof of holograp!:llc\Vill-Form
F. ORDERS, DECREES AND CUSTODY QF WILLS
§ 362
§ 363
§ 364
§ 365
§ 366
§ 367
§ 369
Order admitting will to probate-Form
Order voiding legacy, ete., because of diVorce-Form
Probate of will as muniment of title
Certified copies of record as evidence
Custody of probated wills
When will not in custody of court or oral
Necessity for probate
G. CITATIONS AND NOTICES
§ 381 Citation-Probate of written will produced in court Qr grant of
administration'
.
§ 382 Citation-Probate of nuncupative will or written will nO,t
produced
.
§ 383 Validating acts
§384 Order setting date of hearing and prescribing citation or
notice-Form
§ 385 Citation on application for probate and letters where will
probated-Form
.
§ 386 Return of citation~Form
§ 387 Notice of probated will [New]
CHAPTER 12. PROCEEDINGS TO SET
ASIDE PROBATE.OF WILL
§ 391
§ 392
§ 393
§ 394
§ 395
§ 396
§ 397
§ 398
Nature and scope of proceedings
Proper court
Parties
Burden of proof
Period for contesting probate
Persons affected by ·decree setting aside probate
Effect of adverse possession statutes .
Annulling particular' provisions of probated will
CHAPTER 13. FOREIGN WILLS
§ 411
§ 412
§ 413
§ 414
x
Giving effect to foreign wills
Ancillary probate ,of will adJpitted in another state
Recording foreign will in deed records
Effect of recording in deed records
TABLE·oF CONTENTS
§ 415
§ 416
§ 417
§ 418
§ 419
§ 420
§ 421
§ 422
Procedure for contest
Time for contest
Grounds for contest
Effect of cancellation of probate in foreign state
Applicable law
Original probate of foreign will
Conveyances by foreign executor under recorded.will
Certified copy of foreign will-Form
CHAPTER 14. ANCILLARY
ADMlNISTRATION
§ 431 Jurisdiction-Existence of assets
§ 432 Procedure in ancillary administration
§ 433 Power of foreign representative to act in Texas
§ 435 Suits by foreign representatives
.
§ 436 Suits against foreign representatives
§ 437 Effect given to a foreign judgment
§ 438 Qualification of non-resident to serve as ancillary representative
§ 439 .Foreign corporations as.fidll-cilqiel!
§ 440 . Foreign corporations qualifying to do business in Texas
§ 441 Reciprocal act relating to foreign bank and,trust companies
CHAPTER 15. TEMPORARY
ADMINISTRATION
§461
§462
§463
§ 463:5
§464
§465
§466
§467
§469
§470
§471
§ 472
§473
§474
§475
§476
§477
Purposes of temporary administration
Persons qualified to serve as temporary administrators
Procei;iure for appointment
Contest of appointment [New}
Powers of temporary administrator
Suits by or against temporary administrators
Duration of appointment
Making appointment permanent
Closing temporary .a~inistratlon.
Temporary administration during will contest--Appointment-Form
.
Temporary administration of decedents' estates and of
guardianehips--Notice of appointment---Fo;rm
Temporary administration of decedents' estates and of
guardianships-Order for citation-Form
Temporary administration-Enlargement of powerg.,-Form
Temporary adniinistration of decedents' estates and of
guardianshipg..,..,Qrder-Form
Order making permanent a temporary administration of
·estate of decedent---Form
Temporary administration of decedents' estates and of
.guardianshipg.,-Contest of appointment---Form
Temporary administration of decedElnts' estates and of
guardianships-order on. contest ofappointment---Form
CHAPTER 16. SMALL ESTATES
§ 482 Collection of small estates upon affidavit
xi
PROBATE AND DEcEDENTS EsrATES-TEXAB PRACTICE SERIES
§ 485 Affidavit for collection-Form
CHAPTER 18A.
INFORMAL PROBATE
[New]
§ 486.1
§ 486.2
§486.3
§ 486.4
§ 486.5
§ 486.6
§ 486.7
§ 486.8
§ 486.9
§ 486.10
§ 486.11
§ 486.12
§ 486.13
Introduction
Tinie to file application
Proper applicants
Venue
Requirements
Contents of application
Notice
Filing of will
Inventory
Limited letters testamentary
Court action on application
Effect of informal probate
Contesting will validity
CHAPTER 1GB. EMERGENCY INTERVENTIONPROCEEDINGS [New]
§ 487.1 Introduction
....
.. '
'.
§ 487.2 Application for emergency interV.ention for fti,neral ~nses
§ 487.3 Court action on emergency intervention appliCation for funeral
expenses
§ 487.4 Application for emergency intervention for aCCeSS to rental
accommodations
§ 487.5 Court action on emergency intervention.-application for access
to rental accommooations
§ 487.6 Termination
§§ 488 to 490 [Reserved]
CHAPTER 17. INDEPENDENT
ADMINISTRATION
A. INDEPENDENT EXECUTOR APPOINTED BY
WILL [New)
§ 491
§ 492
§493
§ 494
§ 495
§496
§497
§498
§499
§500
§ 501
xii
Utility of independent administration
Origin of independent administration
Appointment of independent executor
Qualification of independent executor
Powers and duties of independent executors under former
statutes
Doubts created by code and resOlution by amendment
Powers and duties of independent executors-Present law
Fiduciary duties of independent executor
Conveyances by i,ndepende.ntexecutors
Notice to creditors'
. .
Necessity for presentment of claims
TABLE OF CONTENTS
§502
§504
§505
§506
§ 507.5
.qlassification and payplent of claims
Allowances for support and in lieu of exempt property
Suits against independent executors
Requiring bond of devisees
Requirin-B_independent executor to account under Section
149ALNewJ
§ 507.10 Requirin-BcindependeI;lt executor to account under Section
149BLNew]
§ 508
Removal of independent executor
§510
Partition and distribution at instance of independent
executor
§511
Partition and distribution at instance of legatee
Closing by affidavit
§512
Closing by court order
§ 513
§ 513.5 Closing by operation oflflw[New]
§ 516
Application of successor to mdependent executor to borrow,
mortgage, etc-:-Form
§ 517
Application of successor to,independent executor, to be given
other powers-Form
'
§ 518
Citation on application~Form
§ 519
Return ofcitiltion':":-Form
§520
Order on application-Form
.' '
§ 521
Jurisdiction of courts in independent administration [New]
B.
INDEPENDENTAD~STRATOR APPOINTBn
BY COURT [New]
§ 522'
§ 523
§ 524
§525
§ 526
§ 527
§ 528
§ 529
Independent adininistration by court order [New}
Situations in which independent administration'may be' ordered
Application for independ~nt administration
Eligibility ,for appointment
Requiring bond
Proof of identity of distribu,tees
Effect of order creating independent adminiStration
Appointment of successor to independent executor
C. OTHER CONCERNS {New]
§ 535 Judicial dischlifge of independ~nt executor
§§ 536 to 540 [Reserved}
CHAPTER 18. ADMINISTRATION OF
'COMMUNITYPROPERTY
A. UNQUALIFIED SURVIVING SPOUSE
§ 541 When no administration necessary
§ 542
§ 543
§ 544
§ 545
§ 546
,
Liability of community property for debts
Powers of surviving spouse when. no administration is. pending
Conveyances by unqualified survivor
Suits by unqualified survivor
Suits against the unqualified survivor
xiii
PROBATE AND DECEDENTS ESTATES--TExAs PRACTICE SERIES
B. FORMAL COMMUNITY ADMINISTRATION
§ 570
§ 571
§ 572
§ 573
§ 574
§ 575
§ 576
§ 577
§ 578
§ 579
§ 580
§ 581
§ 582
§ 583
§ 584
§ 585
§ 586
§ 587
Distinctive features of community administration
Application for community administration
Qualifying as community administrator
Order of the court
General powers of community administrator
Gifts of community property
Mortgages
Accounting-In general
Accounting-Liability of swvivor
Commissions and expenses
Statutes of limitation
Payment of debts
New appraisement or new bond
Requiring exhibit
Termination of community administration
Re-marriage of surviving wife
Community administration-Application-Form
Community administration-Order appointing appraisersForm
§ 588 Community administration-Inventory, appraisement and list of
claims-Form
.
§ 589 Community administration-Bond-:Form
§ 590 Community administration'--Order-:F'onn
C. DIVISION OF AUTHORITY OVER COMMUNITY
PROPERTY
§ 611 Division of authority-Background
§ 612 Division of authority between unqualified survivor and personal
representative
§ 613 When community administrator has qualified
Volume 18
CHAPTER 19. EXECUTORS AND
ADMINISTRATORS
A. APPoINTMENT AND ISSUANCE OF LETTERS
§ 622
§ 623
§ 624
§625
§ 627
§ 628
§ 630
§ 631
xiv
Grant of letters testamentary
Grant of letters of administration
Necessity-8tatutory grounds
Necessity for administration'--Other grounds
Opposition to grant of letters of administration
Order determining no necessity for administration
Issuance of letters
Issuance ofletters-Form
TABLE OF CONTENTS
B. OATHS AND BONDS
§ 641
§642
§ 643
§ 644
§ 645
§ 646
Qualification by personal representatives
Oath
Procedure .to fix penalty of bond
Deposit of assets
Sureties
Requiring new bond
.
§B47 Personal representative without bond may be required to give
, . .
bond
§ 648 Order respecting bond and security to be given-Form
c.
RESIGNATION, REMOVAL AND SUCCESSOR
REPRESENTATIVES
§ 661
Resignation
Representatives to whom removal'statutes apply
Removal without notice
Removal after notice
§ 665
Order of removal
§ 665.5 Reinstatement after removal [New]
§ 666
Appoin~ment of successor representatives
§ 667
Appointment of successor because of existence of prior right
§ 669
Appointment of successor-Other grounds
§ 670
Payment of moneY during vacancy
§ 674
Application to'resign-Forril
§ 675
Order setting date for hearing on application to resign.....;.Form
§ 676
Citation on application to resign-Form
§ 677
Immediate acceptance of resignation and appointment of
successor-Form
§ 678
Final order on resignation-Forni
§ 679
Receipt by person entitled-Form
§ 680
Order removing representative-Form
§ 681
Succ~sor representative-Application for letters of
administration because of prior right over incumbent-Form
§ 682
Successor representative-Application for letters of
administration because of prior right over incumbentOrder-Form
§ 683
Successor representativ~Application for letters testamentary
because entitled person becomes adult-Form
§ 684
Successor representative-Application because entitled person
sick or absent at probate, etc-'-Form
§ 662
§ 663
§ 664
D. POWERS AND DUTIES
§ 691
Common law applicable
§ 692
Powers in general
§ 692.5 Power to prevent surviving spouse's coIitrol of decedent's
§ 693
§ 694
§ 697
§698
burial or cremation [New]
Duty to preserve the estate
Contractual power
Recovery and possession of property
Compromise and settlement of debts and disputed claims
xv
PROBATE AND DECEDENTS ESTATE&-TEXAB PRACTICE SERIES
§ 699
§ 700
§ 701
§ 702
§ 705
§ 706
Purchase of p!,operty and other investments by: personal
representatives
'
Carrying on business
Payment or credit of income
Joint executors and administrators--Powers in general
Allocation of income and expenses during administration of
decedent's estate [New]
Injunction against further proceedings [New]
E. COMPENSATION, EXPENSES AND COURT
COSTS'
§ 721 Statutory commissions
§ 722 Management of business
§ 723 Additional compensation when statutory commissions are
unreasonably low
§ 725 Forfeiture of right to compensation
§ 726 Expenses of administration-In general
§ 727 Particular expenses
§ 729 Attorney's fees--In general
§ 730 Services for which attorney'sfees are allowable
§ 731 Allowance of attorney's fees for d~iending will
§ 732 Attorney's fees when representative_ renders legal services
§ 733 When costs are adjudged against representative
F. SELECTING EXECurORSAND TRUSTEES
[New]
, "
§ 740
§ 741
§ 742
§ 743
§ 744
Introduction
Threshold legal criteria
Desirable characteristics
Individual vs. corporate fiduciary
Other considerations
CHAPTER ,2o.lNVENTORY, UST OF
CLAIMS,
§ 751
§ 752
AND APPRAISEMENT
Purposes of inventory, list of claims, anda:ppraisement
D~ty to prepare and file the inventory, list of claims', and
,,appraisement "
§ 755
Circumstances yvarranting,the apPointment of appraisers
§ 756 Legally prescribed qualifications of appraisers
Fees of appraisers
§ 758
§ 760 Form and requisites of the inventory and appraisement
§ 761.5 Limitations on estate claims [New]
§ 762
The personal representative's affidavit
Action by the court approving or diaapprovingthe inventory,
§ 763
appraisement and list of claims
§769
Procedure to require a correction when the-inventory,
appraisement or list of claims is erroneous or unjust
§ 772
Failure to return the inventory, list of claims and
, appraisement
§ 775
Inventory, app~aisement and list of claims-Illustrative form
TABLE OF CONTENTS
CHAPTER 21. ASSETS OF THE ESTATE
SU&mCTTOADMnaSTRATION
A. ASSETS INCLUDmLE IN THE INVENTORY AND
LIST OF CLAIMS
§ 792 Real estate situated in Texas
§ 796 Causes of action
§ 798 Debts, accounts and negotiable instruments
§ 799 Insurance payable to the decedent or his estate
§ 800 Community property and property owned in common with
others
B. ASSETS EXCLUDmLE FROM THE INVENTORY
AND LIST OF CLAIMS
§ 813 Homestead, exempt property and family allowance
§ 816 Property held on an express trust
§ 817 Insurance payable to a third person, annuities, and payments
by fraternal benefit societies
§ 818 Tort claims which survive to next-of-kin
§ 820 Property subject to a right of survivorship in a third person
CHAPTER 23. HOMESTEAD, OTHER
EXEMPT PROPERTY, AND FAMILY
ALLOWANCE
§ 841
History and purpose of the homestead and personal property
exemptions
§ 842
Requisites for the establishment of a homestead-In general
§ 843
Rural homestead
§ 844
Urban homestead
§ 845
Business homestead
§ 846
Exempt personal property
§ 847
Debts for which the homestead is liable-In general
§ 849
The homestead's liability for taxes
§ 850
The homestead's liability for improvements
§ 850.5 The homestead's liability for owelty of partition lien [New]
§ 850.10 The homestead's liability for tax debt of spouses or owner
[New]
§ 850.15 The homestead's liability for home equity loans [New]
§ 850.17 Home equity loan and reverse mortgage foreclosUre
procedures [New]
§ 850.20 The homestead's liability for reverse mortgages [New]
§ 856
Survival of the homestead and personal property
§ 857
§ 859
§ 861
§863
exemption-In general
Persons causing the survival of the exemption
Persons who can claim the exemption
Jurisdiction of the probate court over the homestead
Persons who can claim the right to occupy the homesteadIn general
xvii
PROBATE AND DEcEDENTS E!n'ATES-TExAs PRACTICE SERIES
§864
§ 865
§ 866
§ 867
§868
§ 869
§ 870
§ 871
§ 872
§ 873
§874
§875
§ 876
§ 877
§ 878
§ 879
§880
§ 881
§882
§ 883
§884
§ 885
§ 887
§ 889
§ 891
§892
§893
§ 894
Persons who can claim the right to occupy thehamestead--.'Surviving wife
Persons who can claim the right to occupy the homesteadSurviving husband
Persons who can claim the right to occupy the homestead~
Surviving spouse of second marriag~
Persons who can claim the right to occupy the homesteadMinor children
Persons who can claim the right to occupy the homesteadAdult unmarried daughter
Application for an order setting apart the exempt property
Application for exempt property including homestead-Form
Order setting apart exempt property
Order setting apart exempt property, etc-Form
Persons to whom the exempt property is to be delivered
The right to an allowance in lieu of"exempt property
Amount of the allowance in lieu of exempt property
Application for allowance in lieu of exempt property
Application for allowance in lieu of exempt property-Form
Persons to whom the allowance is paid
.
Payment of the allowance
Preference of liens
Effect of solvency or insolvency of the estate·
Liability of exempt property for funeral and last sickness
expenses
The right to a family allowance
Amount of the family allowance
The time of awarding the family allowance
Application for family allowance-Form
Order fixing family allowance-Form
Priority of the family allowance
Persons who will receive the family allowance
Property subject to the family allowance
Application for sale to raise funds for family allowanceForm
CHAPTER 24. CREDITORS' CLAIMS
§ 901
§ 902
§903
§904
§ 904.5
§ 905
§ 906
§ 907
§908
§909
§91O
§911
§ 912
§ 914
xviii
Notice to creditors
Time for presenting claims
Claims that must be presented
Contingent claims need not be presented
Setoff claims of a bank need not be presented {New]
Presentment of claims to independent executors
Effect of death of debtor on judgment creditor's remedies
Claims barred by limitation
Presentation of claims for expenses of funeral and last illness
Form of claim
When defects of form are waived
Evidence concerning lost or destroyed claim
Authentication of claim by others than the individual owner
Secured claims-Exercise of option
TABLE OF CONTENTS
§ 915
§916
§ 917
§ 918
§ 919
§920
§ 921
§ 924.5
§ 924.7
§ 924.10
§925
§ 926
§ 927
§ 928
§ 929
§930
§932
§933
§934
§ 936
§ 937
§ 939
§940
§ 941
§ 942
§ 943
§ 943.3
§ 943.5
§ 943.10
§ 943.15
§944
§945
§ 945.5
§ 945.10
§ 947
§ 948
§ 949
§950
§951
§ 952
§952.5
§ 953
§ 954
§ 955
Effect of independent administration on the secured creditor's
options
Secured claims-Factors affecting creditor's choice of
remedies
Secured claim-Procedure when claim is presented as a
matured, secured claim
Secured claim-Procedure when claim is presented as
preferred debt and lien
Secured claim-Procedure when claim has been allowed and
approved or when judgment has been certified to probate
court
Secured claim...,....Jurisdiction over suit on rejected claim
Exercise of power of sale in deed of trust
Contractual obligation of estate for child support payments
[New]
Acceleration of child support payments [New]
Contractual obligation of estate for spousal support payments
[New]
Depositing claims with clerk
Memorandum of allowance or rejection of claim
Procedure when claim has been allowed by representative
Procedure when claim is rejected
Suits on rejected claims
Judgment on rejected claim
Claims of executors and administrators
Claims arising during the course of administration
Claims of heirs, devisees and legatees
Payment of unauthenticated claims
Order of payment of claims
Pro-rata payment of claims
Classification of claims-In general
First class claims
Second class claims
Secured claims
Fourth class claims [New]
Fifth class claims [New]
Sixth class claims [New]
Seventh class claims [New]
Unsecured claims
Claims of the United States
Claim of surviving spouse for economic contribution [New]
Claims for wrongful imprisonment [New]
Representative not to purchase claims
Proceeds of sale of mortgaged property
Claimant may obtain order for payment
Liability for nonpayment of claims
Borrowing money
Apportionment of debts and taxes
Abatement of bequests [New]
Notice to creditors-Form
Return of notice to creditors-Form
Notice of appointment to holders of recorded liens, etc-Form
xix
PROBATE AND DEcEDENTS EsrATES-TEXAS PRACTICE SERIES
§ 956
Proof of service of notice to lien creditor--Form
CHAPTER 25. SALES
§961
§962
§963
§964
§965
§967
§969
§970
§971
§ 972
§974
§ 975
§976
§977
§979
§981
§984
§986
§989
§990
§993
§994
§ 995
§997
§998
§999
§ 1000
§ 1001
§ 1002
§ 1003
Court must order sales
Sales authorized by will
Certain personal property to be sold
Sales of other personal property
Special provisions pertaining to livestock
Sale of mortgaged property
Purposes for which realty can be ordered sold
Effect of a will provision enlarging or restricting the purposes
for which realty may be sold
Effect of the sale of real estate for non-authorized purposes
Contents of the application for the sale of real estate
Setting of hearing on application
Citation and return on application
Contest of the application for an order of sale
Court action on the application for an order of sale
Effect of irregularities in the order of sale
Effect of a fraudulent sale
Public sales of real estate
Constructional problems with the provisions regulating public
sales of real estate
Representative not to purchase property of the estate
Reports of sale
Action by the court on the report of sale
Effect of court action on the report of sale
Deed conveying title to real estate
Application to sell livestock through commission merchantForm
Representative's application to sell real estate-Form
Citation on representative's application to sell property-Form
Order of sale; or denial; or modification-Form
Deed to purchaser of land-Form
Notice of public sale of real estate-Form
Sale of real property in dependent administration [New]
CHAPTER 26. HIRING AND RENTING
§ 1012
§ 1018
§ 1019
§ 1020
§ 1021
§ 1022
Hiring or renting without a court order
Complaint-Property not rented or hired-Form
Complaint for accounting of reasonable value-Form
Application to hire or rent-Form
Order to rent or hire-Form
Report of renting or hiring property-Form
CHAPTER 27. MINERAL LEASES
§ 1031
§ 1032
§ 1033
§ 1034
Persons authorized to execute mineral leases
Kinds of minerals which can be leased
Content of mineral leases
Procedure for leasing minerals at public sale-Application
TABLE OF CONTENTS
§ 1036 Notice of application to lease
§ 1042 Amendment of pre-existing mineral leases-Pooling and
unitization provisions
§1044 Instruments which can be executed without court order
§ 1046 Application to make mineral lease after public notice-Form
§ 1047 Order for hearing on application including order respecting
notice thereof-Form
§ 1048 Order granting application to make lease-Form
§ 1049 Application to require representative to apply to lease, effect
unitization or pooling-Form
CHAPTER 28. PARTITION AND
DISTRIBUTION
§ 1052 Application for partition and distribution of estates of
decedents
§ 1053 Citation of interested persons
§ 1055 Guardians ad litem to be appointed in certain cases
§ 1056
§ 1057
§ 1059
§ 1060
Facts to be ascertained upon hearing
Decree of the court
Partition and distribution when property is capable of division
Partition and distribution when property of an estate is
incapable of division
§ 1061 Damages for neglect to deliver property
§ 1068 Partial distribution after approval of inventory [New]
CHAPTER 29. ANNUAL ACCOUNTS AND
OTHER EXHIBITS
§ 1081
§ 1082
§ 1083
§ 1084
§ 1085
§ 1088
§ 1089
Duty to file annual accounts-In general
Persons required to file annual accounts
Contents of the annual account
Subsequent filings
Penalty for failure to file annual accounts
Exhibit after twelve months-Form
Complaint to require an exhibit of the estate of a decedentForm
CHAPTER 30. FINAL SEITLEMENT,
ACCOUNTING, AND DISCHARGE
§ 1101
§ 1102
§ 1103
§ 1104
§ 1105
§ 1106
§ 1107
§ 1108
Duty to file the account for final settlement
Time for closing the administration of a decedent's estate
Procedure to compel the filing of a final account
Contents of the account for final settlement
Citation upon presentment of account for final settlement
Contest of account for final settlement
Charges, credits and reimbursements
Action of the court upon the final account-Discharge of the
representative
§1109
Money due pending final discharge
§ 1109.5 When distributee is a ward {New]
§ 1110
Procedure if representative neglects to deliver estate
xxi
PROBATE AND DECEDENTS ESTATES--TEXAS PRACI'ICE SERIES
§ 1112
§ 1113
§ 1114
§ 1115
§ 1116
§ 1117
§ 1118
§ 1119
§ 1120
District COurt review of probate court action regarding final
settlement
Account for final settlement of estate of decedent-Form
Complaint for final account-Form
Final account of independent executor-Form
Order approving final account in decedent's estate-Final
settlement and closing and discharge-Form
Order approving final account in decedent's estate-No
property remaining and closing estate-Form
Order approving final account in decedent's estate-Property
remaining for distribution; partition, etc-Form
Order where remaining property delivered as required; and
closing and discharging-Form
Complaint that representative has failed to deliver-Form
CHAPTER 31. FUNDAMENTALS OF ESTATE
PLANNING
§ 1131
§ 1133
§ 1138
§ 1139
§ 1140
In general
Appointment of guardian for minor children
Powers of appointment and powers of invasion
Life insurance
Life insurance-Effect of divorce [New!
Table of Laws and Rules
Table of Cases
Index
xxii