Information & Instructions: Independent Administration · Information & Instructions: Letter to an executor that explains the probate procedure and duties of the executor from the

Information & Instructions: Independent Administration 1. Probating a will secures court approval of the validity of the will and allows the will to be filed in the county records, which in turn permits title to the decedent's property to be passed.

a. One of the most frequently used probate procedures is the independent administration. 2. The purpose of the application for probate of will and issuance of letters testamentary is to open an independent administration which allows the executor to receive letters testamentary from the court.

a. Letters testamentary are official documents from the court that give the executor the authority to act for, and on behalf of the Estate.

b. Independent administration allows the executor to pay the decedent's bills and collect and to distribute the decedent's Estate to the beneficiaries named in the will without direct court supervision. After receiving letters testamentary, the executor has no contact with the court other than the filing of an inventory and appraisal. Independent administration affords the executor freedom and efficiency in administering the decedent's Estate.

c. If the sole beneficiary under a will is also named as the executor and no debts exist in the Estate other than those secured by real property, the attorney should consider alternatively the use of the muniment of title procedure. Muniment of title allows the will to pass title to the decedent's property without the opening of an administration.

d. If the will does not provide for an independent executor, either request the court to name an independent executor or open an independent administration. 2. In the event that an independent administration is not provided for in a probate situation, Texas Estates Code authorizes the used of an independent administration in the following situations:

a. Where a person dies without a will, b. Where no executor is named in the will, c. Where executors named are unable to serve, or d. Where the will names an executor but fails to provide for an independent

administration.

3. Procedure

a. Complete the application for probate of will.

For Preview Only - Please Do Not Copy

b. Attach the original will to the application for probate.

c. File the same with the probate court.

d. Have the clerk post the required citation.

e. After the citation has been returned, set a hearing for the probating of the will.

f. At the hearing, have the client furnish a proof of death form.

g. Execute the oath of executor.

h. At the conclusion of the hearing, present the court with the order granting issuance of letters testamentary and appointing client as independent executor.

i. After the signing of the order, have the clerk issue letters testamentary to the executor.


Information & Instructions: Letter to client regarding probate process 1. The purpose of the following letter is to notify the client of the documents which should be furnished to the attorney so that probate and administration of the decedent's Estate may continue expeditiously. 2. The letter advises the client of the hearing for the application for independent administration and letters testamentary plus the procedure to be followed in the probating of the will, and requests documents applicable to the deceased's Estate. 3. If a dependent administration is filed, change the reference from independent to dependent administration.


Form: Letter to a client requesting documents in a probate proceeding

[Date] [Name] [Address] Dear [name]: We have been furnished a copy of the purported Last Will and Testament of [name of decedent], deceased, who died on [Date]. Per your instructions we have prepared this Application for Independent Executor and Letters of Testamentary. Once you are appointed administrator and have qualified, I will file an inventory of the Estate. After the inventory has been approved by the court, the administrator will distribute the Estate as provided for in the decedent's Last Will and Testament. Essentially, the distribution will be to the decedent's [describe beneficiaries], in equal shares with the provision for [name] to hold the interest of the minor children until they reach the age of majority. Please furnish me with the following information: 1. Any group term life insurance policy on the life of the decedent which was paid by the decedent's employer, and what part, if any, of the proceed would be included in the decedent's Estate for federal Estate tax purposes. 2. Any group term life insurance policy on the life of the decedent that was not owned by the decedent, and what part, if any, of the proceeds would be included in the decedent's Estate for federal Estate tax purposes. 3. The amount of death benefits, payable other than under a life insurance contract, to the Estate of the decedent or [his or her] named beneficiaries, and what part, if any, of the proceeds would be included in the decedent's Estate for federal Estate tax purposes. 4. Any life insurance policy or policies that the decedent owned on the life of another. 5. Any life insurance and annuity combination plan and what part, if any, of the proceeds would be included in the decedent's Estate for federal Estate tax purposes. 6 A description of any proceeds from pension and profit sharing plans, and what part, if any, of the proceeds would be included in the decedent's Estate for federal Estate tax purposes. 7. A description of any proceeds payable for the benefit of the Estate of the decedent and what, if any, of the proceeds would be included in the decedent's Estate for federal Estate tax purposes.


8. A description of any other company benefits that the decedent or the decedent's Estate is entitled to receive from your company. Your assistance in this matter is greatly appreciated. Thank you.

Very truly yours

[Attorney’s Name]


Information & Instructions: Letter to an executor that explains the probate procedure and duties of the executor from the attorney in a probate proceeding 1. The purpose of the letter from the attorney to the executor is to review with the executor the steps already taken and outline the remaining steps to be taken in the administration of the decedent's Estate. Form: Letter to an executor that explains the probate procedure and duties of the executor from the attorney in a probate proceeding

[Date] [Client’s name] [Client's address]

ATTORNEY-CLIENT COMMUNICATION: THIS DOCUMENT AND ITS CONTENTS CONSTITUTE LEGALLY PRIVILEGED INFORMATION

Dear [Client’s salutation]: The Order Admitting the Will of [name of decedent] to Probate was entered on [Date]. Since there were no unsecured debts, it was not necessary to have a "full scale" administration of this Estate. Even though we have eliminated many of the ordinary probate procedures, we still have much to do. The purpose of this letter is to summarize the following remaining steps: 1. A Texas Inheritance Tax Return must be filed within nine months of the Decedent/s death and inheritance taxes must be paid,if due. For purposes of this return, we can value the Estate as of the date of death or as of six months from the date of death. 2. Where a Decedent's gross Estate exceeds $ __________, a final federal Estate tax must also be filed and Estate taxes paid within nine months after the date of death. Here again, the alternate valuation can be used if desired. 3. Decedent's final federal income tax return (Form 1040), covering the period beginning on January 1 of this year and ending on the date of Decedent's death, must be prepared and filed if Decedent had a certain minimum gross income. As we gather additional information, we will be in a better position to evaluate the requirements for this return. If one is due, it must be filed and the taxes must be paid on or before April 15 of next year. 4. After we have paid all of the taxes of Decedent and of Decedent's Estate, we can then distribute the Decedent's assets according to Decedent's will.


I may need to obtain additional information. For your records, I am enclosing a copy of each document which has previously been prepared. I will send you copies of all correspondence as well as other documents which are prepared. Please contact me if you have any questions.

Very truly yours

[Attorney’s Name]


Information & Instructions: Letter to a client regarding the Independent Administration procedure, process and Estate administration responsibilities 1. The letter may be sent to the Client. It discusses the independent administration process and some of the rights and duties of an independent executor. Form: Letter to a client regarding the Independent Administration procedure, process and Estate administration responsibilities

[Date] [Client’s name] [Client's address]

ATTORNEY-CLIENT COMMUNICATION: THIS DOCUMENT AND ITS CONTENTS CONSTITUTE LEGALLY PRIVILEGED INFORMATION

Dear [Client’s salutation]: I enjoyed meeting with you on an earlier occasion and still sympathize with you regarding the death of name of decedent]. Per your instructions, we have prepared the necessary documentation to probate the last will and testament of name of decedent] and have requested letters testamentary for an independent administration. As we discussed earlier, we shall appear before name of probate judge], Probate Judge on Date], and "prove up" deceased's will so that it may be admitted to probate. Thereafter, you should be appointed independent [executor or administrator]. The administration of an Estate involves three main responsibilities: 1. Identifying, gathering and evaluating the decedent's assets.

2. Identifying decedent's debts and paying allowable debts.

3. Distributing the remaining assets to those entitled under the terms of the decedent's last will and testament.

After the above referenced hearing, you should take your oath in front of the court's clerk preferably that day but in no event later than 20 days from the date of the order naming you as independent executor. A bond is generally not required for an executor named in a will. However, in the event a bond is required it should be approved by the court prior to 20 days from the date of your appointment as independent executor.


The bond, if required, will be executed by an authorized corporate surety and the amount will be specified in the order naming you as independent executor. After you have taken the executor's oath and executed a bond, if one is required, we will order letters testamentary from the clerk's office. These letters testamentary serve as proof of your legal right to handle the affairs of the Estate. Within 30 days after you have qualified as an executor, you must publish a notice to creditors in the newspaper in the county of the probate court to advise unsecured creditors of your appointment and to give them an opportunity to submit claims against the Estate. Secured creditors must receive a notice of your appointment advising them that the decedent has died within 120 days after your qualification. The letter must be sent registered, return receipt requested, and proof of the above notices must be filed among the papers of the Estate. Secured creditors are those who have a claim against the deceased perfected by a security interest, mortgage lien or deed of trust. We will need to complete an inventory and appraisement of the Estate within 90 days of your appointment. Please furnish me with a complete list of all the assets and liabilities of the Estate so that we may prepare the inventory. The inventory must be verified by a sworn affidavit and if any appraisers are required, they also must sign the affidavit and attach it to the inventory. The inventory must distinguish between community and separate property. We will assist you in that determination. Your duty as an executor is to take possession of the property belonging to the Estate, and assemble cash and other assets in a common bank account which should be a separate bank account entitled "Estate of __________." You should never commingle or deposit monies of the Estate with your own personal assets. You should also use ordinary diligence to collect all monies owed to the Estate. You may employ our services as an attorney in order to recover the decedent's property. We should soon be receiving claims of creditors against the Estate. You may allow or disallow any claims which you feel are just and are properly presented to you. Any claim barred by statute of limitations not owed or unauthenticated must be disallowed or allowed within 30 days or it will be rejected by operation of law. If this occurs the creditor may have the right to secure payment of the claim by filing a lawsuit. If the creditor prevails in the suit then you will be personally liable for the cost of this suit and for good cause you may be removed from office for your failure to properly act. Please feel free to consult with our office regarding which claims should be accepted or rejected. In the event the will does not dispose of all of the assets of the Estate to named beneficiaries, some of the property therefore passed by intestacy. It may then be necessary to have the court determine who the proper heirs are. This proceeding is referred to as an heirship determination


and it requires a hearing in open court wherein at least two witnesses appear before the judge and relate the family history of the decedent. These witnesses must be individuals who are not receiving any property or inheriting anything from the Estate. We will draft the necessary documents if a proceeding is required. In the event an heir determination is filed, the court will also appoint another attorney known as an attorney ad litem to present the interest of unknown heirs, incompetent heirs, minors, and out of state heirs. After you have gathered the assets of the Estate, paid the debts and taxes, you are now ready to close the Estate. You may begin this procedure no sooner than six months from the date that you qualified. You may then deliver the assets of the Estate to the beneficiaries who are entitled to receive the property under the Will. We then recommend that a final report and accounting be prepared and a receipt of property be signed by the devisees under the will. Inheritance taxes may be owed by the Estate. If so, an inheritance tax return must be prepared. There are two types of inheritance taxes: State and Federal. A state inheritance tax is administered by the state comptroller's office in Austin, Texas. A form entitled "Inheritance Tax Return" must be filed by the Estate on or before nine months from the date of the decedent's death. Furthermore, a United States tax return Form 706 must also be filed for the Estate of every decedent whose estate is taxable under the IRS code. The value of the gross Estate on the date of the decedent's death governs the liability for filing the United States tax return. The United States return is due nine months after the decedent's death unless an extension has been granted. Both the state and federal inheritance returns and taxes must be paid prior to the closing of the Estate. In order to finalize some other details of the Estate, please furnish me with the following documents and information: 1. Any group term life insurance policy on the life of the decedent which was paid by the decedent's employer, and what part, if any, of the proceeds would be included in the decedent's Estate for federal Estate tax purposes.

2. Any group term life insurance policy on the life of the decedent that was not owned by the decedent, and what part, if any, of the proceeds would be included in the decedent's Estate for federal Estate tax purposes.

3. Death benefits, payable other than under a life insurance contract, to the Estate of the decedent or the named beneficiaries, and what part, if any, of the proceeds would be included in the decedent's Estate for federal Estate tax purposes.

4. Any life insurance policy or policies that the decedent owned on the life of another.


5. Any life insurance and annuity combination plan and what part, if any, of the proceeds would be included in the decedent's Estate for federal Estate tax purposes.

6. Any proceeds from pension and profit sharing plans, and what part, if any, of the proceeds would be included in the decedent's Estate for federal Estate tax purposes.

7. Any proceeds payable for the benefit of the Estate of the decedent and what, if any, of the proceeds would be included in the decedent's Estate for federal Estate tax purposes.

8. Any other company benefits that the decedent or the decedent's Estate is entitled to receive.

Your assistance in this matter is greatly appreciated. If you have any questions, please call me. Thank you.

Very truly yours

[Attorney’s Name]


Form: Application for probate of a will and Issuance of Letters Testamentary for an Independent Administration

NO.__________ IN THE ESTATE OF

IN THE [PROBATE] COURT

[NAME],

NO; ___________

DECEASED

[NAME], COUNTY, TEXAS

APPLICATION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS

TESTAMENTARY FOR AN INDEPENDENT ADMINISTRATION

[Name of applicant], "Applicant", furnishes the following information for the probate of

the written will of [name of decedent], Decedent, and requests the court for probate of the

following described will and for issuance of letters testamentary to Applicant:

1. This court has jurisdiction and venue because decedent was domiciled in __________

County, Texas and had a fixed place of residence in this county on the date of Decedent’s death.

2. Applicant is an individual interested in the Estate, domiciled in and residing at [address]

__________ County, Texas.

3. Decedent died on [Date], in __________ County, at the age of __________ years.

4. Decedent resided at [address], at the time of Decedent’s death.

5. Decedent owned real and personal property described generally as a home located at

[address], cash, automobiles, household goods, and miscellaneous personal effects, etc., of a

probable value in excess of $ __________.

6. Decedent left a valid written will ("will") dated __________, which was never revoked

and is filed herewith. The will was executed by the Decedent with the formalities and

solemnities and under the circumstances required by law to make the will a valid will. The will


is filed with this Application and made a part hereof, and is offered for probate as the Last Will

and Testament of the Decedent.

7. [The will was signed by the decedent, and the subscribing witnesses to the will. Their

names and present addresses are:

[name and address]

[name and address]

OR

[witness name is deceased or whose place of residence cannot be located]

OR

[The will was made self proved in the manner prescribed by law.]

8. [No child or children were born to or adopted by decedent after the date the will was

signed by the Decedent.]

OR

[After the date of the will the following child or children were born to decedent: __________.]

9. [Decedent was married to and was never divorced from __________ (name of spouse).]

OR

[Decedent was divorced from [name of former spouse] on [Date].]

10. Decedent's will named applicant to serve without bond or other security as independent

[executor or administrator].

11. Applicant is not disqualified at law from serving in that capacity or from accepting letters

testamentary. Applicant is therefore entitled to the letters.

12. A necessity exists for the administration of this Estate.


13. [All of the distributees of the decedent agree on the advisability of having an independent

executor and collectively designate the applicant to serve as independent executor and request in

this application that no other action be had in this cause in relation to the settlement of the

decedent's Estate other than the probating and recording of the decedent's will and the return of

an inventory, appraisement and list of claims of the decedent's Estate.]

OR

[Applicant hereby appoints [name], attorney at law, as agent for service of process for claims or

causes of action arising hereto, whose address is __________ (address), __________ County,

Texas.]

14. [If applicable insert the following: Applicant prays that the court waive the bond

requirement after the creation of an independent administration. In the event a bond is required,

applicant requests the independent executor be required to give bond in an amount sufficient

only to protect creditors notwithstanding the rules applicable to bonds for personal

representatives. In the event the court grants applicant's request, applicant will file a list of

creditors of the Estate showing that to the best of (his or her) knowledge the claims do not

exceed $50,000 and consist of community property debts only.]

15. Applicant respectfully requests the court to waive the appointment of appraisers

regarding the valuation of the Estate.

16. Decedent’s Will did not name either the State of Texas, a governmental agency, or a

charitable organization as a devisee.

PRAYER

Applicant prays that citation issue as required by law for the required length of time, to

all persons interested in this Estate; that the Will be admitted to probate; that Applicant serve as


Independent Executor without bond, that Letters Testamentary be issued to applicant; that no

other action be had in this court in relation to the settlement of this estate other than the probating

and recording of the Will and a return of an inventory, appraisement and list of claims of the

estate, and that such other and further orders be entered as the court may deem necessary and

proper.

Respectfully Submitted, ______________________________ [Law Firm Name]

By ____________________________ ______________________________ [Attorney’s Name] Attorney for Applicant [Attorney’s Address] [Telephone Number] [Facsimile Number] [Bar Card Number]


Information & Instructions: Proof of death for an Independent Administration proceeding 1. This document is used to admit into the court's record, proof of the decedent's death. It also shows the will is true and correct, and that the person named as independent executor is not disqualified by law from accepting letters testamentary.

2. Some probate courts use the term “Testimony for Self Proven Wills” instead of “Proof of Death and other facts”. For Preview Only - Please Do Not Copy

Form: Proof of death for an Independent Administration proceeding



[NAME],

NO; ___________

DECEASED


PROOF OF DEATH AND OTHER FACTS

On this day, [name of affiant], "Affiant", personally appeared in Open Court, and after

being duly sworn, deposes and says that:

1. [Name of decedent], "Decedent", died on [Date], at [address], __________ County, at the

age of _____ years, and four (4) years have not elapsed since the date of Decedent's death.

2. The court has jurisdiction and venue over the Estate because the Decedent was domiciled

and had a fixed place of residence in this County at the date of Decedent’s death.

a. Citation has been served and returned in the manner and for the length of time

required by law.

3. The document dated __________, shown to me and which purports to be Decedent's Will

was never revoked so far as I know. Accordingly, Decedent died tEstate.

4. A necessity [exists or does not exist] for the administration of this Estate.

5. No child or children were born to or adopted by Decedent after the date of the Will.

6. Decedent was [never divorced or was divorced from __________ (name of former

spouse) on __________ (date).]


7. The will was self proved and [The Independent __________ (Executor or Administrator)

named in the Will is not disqualified by law from accepting Letters Testamentary or from

serving as such and is therefore entitled to the Letters.]

OR

The will was self proved and [The Independent __________ (Executor or Administrator) named

in the Will is not disqualified by law from accepting Letters Testamentary or from serving as

such and they are entitled to the letters; however, the letters are not requested in Applicant's

Application.]

8. The will did not leave any property to a charity or to a governmental agency,

accordingly, the Attorney General's office does not need to be served with notice of this probate

filing.

Signed on ____________________.

________________ [Name of affiant]

Subscribed and sworn to before me by [name of affiant] on ____________________ to certify which witnesses my hand and seal of office.

__________________________ Clerk of the __________ Court

of__________ County, Texas.

By:

________________________ Deputy


Information & Instructions: Oath of executor 1. The oath is a required formality to be furnished by the independent executor. 2. Procedure

a. Prepare the form and have the executor sign the oath before the clerk of the court

during the hearing to probate the will.


Form: Oath of executor



[NAME],

NO; ___________

DECEASED


OATH OF EXECUTOR

I do solemnly swear that the writing which has been offered for probate is the last Will of [name

of decedent], so far as I know or believe, and that I will well and truly perform all the duties of

Independent Executor of that Will and of the Estate of __________, Deceased.

Signed on __________________.

________________________ [Executor]

Subscribed and sworn to before me on ____________________ by ______________________________________________________________.

_________________________ Clerk of the __________ Court __________ County, TEXAS

By________________________ Deputy

[Insert the following if the Oath is taken before a Notary rather than the Clerk of the Court] State of Texas County of ____________ Subscribed and sworn to before me on ____________________ by ______________________________________________________________.


_____________________________________ Signature of officer _____________________________________ Notary's typed or printed name My commission expires: ______________________ [or Notary's Stamp]


Form: Order Admitting will to probate and Issuance of Letters Testamentary for an Independent Administration



[NAME],

NO; ___________

DECEASED


ORDER ADMITTING WILL TO PROBATE AND AUTHORIZING

LETTERS TESTAMENTARY

On this day came on to be heard the Application For Probate of Will and Issuance of

Letters Testamentary filed by [Name of applicant], "Applicant", in the Estate of [name of

decedent], "Decedent".

And it being proved to the satisfaction of the Court that due notice had been given of said

Application in the manner and for the length of time required by law; that the Court, having

heard the evidence and having reviewed the Will and the other documents filed in this

proceeding, finds that the allegations contained in the Application are true; that notice and

citation have been given in the manner and for the length of time required by law; that Decedent

was a resident of [Name] County, Texas at the time of his or her death, that the Decedent is dead

and that four (4) years have not elapsed since the date of Decedent's death; that Decedent left a

Will dated __________, executed with the formalities and under the circumstances required by

law to make it a valid Will; that on that date Decedent had attained the age of eighteen (18) years

and was of sound mind; that the Will was not revoked by Decedent; that no child was born to or

adopted by the Decedent after the making of such will; that said will was produced in Court and

reviewed by the Court for compliance with Texas Estates Code to constitute a valid will; that no


objection to or contest of the probate of the Will has been filed; that all of the necessary proof

required for the probate of the Will has been made; that neither the State of Texas, a govermental

agency of the State nor a charitable organization is named in the Will as a devisee; that the Will

is entitled to probate; that in the Will, Decedent named [name] as Independent [Executor or

Administrator] to serve without bond, who is duly qualified and not disqualified by law to act as

such and to receive Letters Testamentary: and that a necessity exists for the administration of this

Estate.

It is therefore ORDERED, ADJUDGED and DECREED that the Will on file is admitted

to probate and record as the Last Will and Testament of the Decedent, and that such Will

together with the application for probate and all testimony given in this proceeding, shall be

recorded in the minutes of this Court.

It is therefore ORDERED, ADJUDGED and DECREED that the Clerk of this Court is

ORDERED to record the Will, together with the Application and the sworn testimony of the

witness in the Minutes of this Court for the purpose of establishing said Will.

The court further found that no interested person has requested the appointment of

appraisers and none are deemed necessary by the Court. It is hereby ORDERED, ADJUDGED

AND DECREED that the court shall waive the appointment of appraisers.

It is further ORDERED, ADJUDGED AND DECREED that no bond or other security is

required and that upon the taking and filing of the Oath, and upon completing any other

requirement that may be required by law, Letters Testamentary shall issue to [Name of

applicant], who is appointed as Independent [Executor or Administrator] of Decedent's Will and

Estate, and that no other action shall be had in this Court other than the return of an Inventory,

Appraisement and List of Claims or an affidavit be filed in lieu of the Inventory, Appraisement


and List of Claims, as required by law and the notice be sent to beneficiaries as required by

Section 308.001 et seq. of the Texas Estates Code or filed waiver by the beneficiaries.

An that after the filing of inheritance tax reports and payments of taxes, if required, and if

any are due, and the payment of costs of Court, this Estate be dropped fro the docket.

Signed on ___________________.

________________________ JUDGE PRESIDING


Notice to the beneficiaries of the will. Date_________ [Name and address of beneficiaries of the will] Certified Mail Return Receipt Requested, [ccrm number] Re: Cause No. [ ______ ] Estate of [Decedent’s name], Deceased Dear [Name of beneficiaries of the will]: Sections 308.001 - 308.004 of the Texas Estates Code requires the personal representative of a testate estate to notify all beneficiaries of the Estate that the will has been probated. Accordingly, you are hereby notified that: [Decedent’s name’s] will dated [ ______ ] was admitted to probate court number [ ______ ] of ________ County, Texas, under Cause No. [ ______ ], and Letters Testamentary to serve as Independent Executrix of the Estate were issued to [Name of Executor or Executrix] on [date ______ ]. You are named as a beneficiary in the will. The name and address of the estate's personal representative is: [Name and address of Executor or Executrix]. A copy of the will and order admitting it to probate are attached.

Sincerely,

[Your name Enclosures: Will, Order admitting will to probate Alternatively you may file a waiver:



[NAME],

NO; ___________


DECEASED


RECEIPT AND WAIVER OF NOTICE

1. My name is [beneficiary’s name]. 2. My address is [beneficiary’s address]. 3. I am a beneficiary under the will of [Decedent’s name]. 4. The date of the will is ___________. 5. I hereby acknowledge receipt of a copy of the will of [Decedent’s name]. I waive my right to receive the notice that the personal representative otherwise would have to send me under the terms of Sections 308.001-308.004 and Section 308.0015 of the Texas Estates Code, and acknowledge that the personal representative does not have to send me the Sections 308.001-308.004 and Section 308.0015 notice. 6. I also acknowledge that I have received the following property, which was given to me under the terms of the will: Real Property: [*______*] Personal Property: [*______*] Cash: [*______*] DATED this _____day of ____________.

________________ [beneficiary’s name]

STATE OF TEXAS § COUNTY OF _____ § This instrument was acknowledged before me on the ______ day of________________, by [beneficiary’s name], to certify which, witness my hand and seal of office.

_______________________ Notary Public, State of Texas


AFFIDAVIT OF COMPLIANCE WITH SECTIONS 308.001-308.004 AND SECTION 308.0015, TEXAS ESTATES CODE IN THE ESTATE OF


[NAME],

NO; ___________

DECEASED


AFFIDAVIT OF COMPLIANCE WITH SECTIONS

308.001-308.004 AND SECTION 308.0015, TEXAS ESTATES CODE 1. I, [beneficiary’s name], am the independent personal representative of the Estate of [Decedent’s name], Deceased. [Decedent’s name], hereinafter referred to as "the Decedent", died on ______________. 2. Decedent's will dated _____________, was admitted to probate, and Letters Testamentary were issued to [Personal representative’s name] on ________________. 3. This affidavit is provided as required by Section 308.004, Texas Estates Code, to establish compliance with the requirements of Sections 308.001-308.004 and Section 308.0015 of that Code. 4. The names and addresses of all beneficiaries under the terms of the Decedent's will are as follows: Name: Address: Legal Status: Adult person 5. Under the provisions of Sections 308.001-308.004 and Section 308.0015, Texas Estates Code, I was not required to notify the following beneficiaries who signed and filed a waiver meeting the requirements of Sections 308.001-308.004 and Section 308.0015 of the Texas Estates Code, and acknowledging receipt of a copy of the will: Name: _____________________ Address: ____________________________ Legal Status: Adult person. 6. Under the provisions of Sections 308.001-308.004 and Section 308.0015, Texas Estates Code, I was not required to notify the following beneficiaries: None. 7. The identity or address of the following beneficiaries could not be ascertained despite the exercise of reasonable diligence on my part: None.


8. I hereby certify that, to the best of my knowledge and belief, I have complied with the requirements imposed on me by Sections 308.001-308.004 and Section 308.0015, Texas Estates Code.

Respectfully submitted,

____________________________ [Personal Representative’s Name]

STATE OF TEXAS § COUNTY OF ____________ § SWORN TO AND SUBSCRIBED BEFORE ME on this the _____day of ___________________by [Personal Representative’s Name], in the capacity therein stated.

________________________ Notary Public, State of Texas


Information & Instructions: Inventory and appraisement 1. An inventory and appraisement records in the court's files a listing of all the decedent's property and value. 2. An inventory and appraisement may be extremely useful because questions may later arise concerning the value of the deceased's Estate, and without an inventory and appraisement it would be difficult to resurrect a listing of the property owned by the decedent and its approximate value.


Form: Inventory and appraisement



[NAME],

NO; ___________

DECEASED


INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS

Date of Death: __________

The following is a full, true and complete Inventory and Appraisement of all personal and

real property situated in the State of Texas owned by [name of decedent] as of the date of [his or

her] death, together with a List of Claims due and owing to this Estate as of the date of death,

which have come into the knowledge of the undersigned.

[ If applicable: provide the names of the appraisers if the court appointed. the same. ]

INVENTORY AND APPRAISEMENT

1. Real Property (See Schedule A) $ __________

2. Stocks and Bonds (See Schedule B) $ __________

3. Mortgages, Notes and Cash (See Schedule C) $ __________

4. Insurance Payable to Estate (See Schedule D) $ __________

5. Jointly Owned Property (See Schedule E) $ __________

6. Miscellaneous Property (See Schedule F) $ __________

LIST OF CLAIMS

1. There are no claims due or owing to the Estate other than those shown on the foregoing

Inventory and Appraisement.


2. The foregoing Inventory, Appraisement and List of Claims should be approved and

ordered entered of record.


By ____________________________ ______________________________ [Attorney’s Name] Attorney for Applicant [Attorney’s Address] [Telephone Number] [Facsimile Number] [Bar Card Number]

I do solemnly swear that the foregoing inventory list is a full and complete inventory and list of property and claims of [Name of Deceased], that have come to my knowledge and that the true amount of cash belonging to said Estate is correctly stated therein.

[Name of the Executor or Administrator]

________________________ State of Texas County of ____________ Subscribed and sworn to before me on ____________________ by ______________________________________________________________.

_____________________________________ Signature of officer _____________________________________ Notary's typed or printed name My commission expires:


______________________ [or Notary's Stamp]

[If appraisers have been appointed, include the following:

We, the undersigned appraisers, do solemnly swear that the foregoing is a full and fair appraisement of the Estate of [Deceased], produced before us by [Name of the Executor].

__________________________

Appraiser’s Name

Address

__________________________________

___________________________________

___________________________________ State of Texas County of ____________ Subscribed and sworn to before me on ____________________ by ______________________________________________________________.



Form: Order approving inventory, appraisal, and list of claims



[NAME],

NO; ___________

DECEASED


ORDER APPROVING INVENTORY, APPRAISAL, AND LIST OF CLAIMS

The foregoing Inventory, Appraisement and List of Claims of the above named Estate,

having been filed and presented and the court having considered and examined the same and

being satisfied that it should be approved and there having been no objections made thereto, it is

in all respects approved and ordered entered of record.

Signed on _________________.

________________________ JUDGE PRESIDING


Information & Instructions: Affidavit of a bank representative for an inventory and appraisement 1. The following form may be used by an officer of a bank to swear that an inventory includes all the property of the decedent held by the bank of which the bank officer has knowledge. It should accompany the inventory and appraisement form. For Preview Only - Please Do Not Copy

Form: Affidavit of a bank representative for an inventory and appraisement State of Texas County of __________ I, [name of bank officer], having been duly sworn, state on oath that I am a [state job title] of [name of bank], that I have been duly authorized to act in this matter for and on behalf of that Bank, and that the foregoing Inventory and List of Claims is a true and complete statement of all the property and claims of the Estate that have come to the Bank's knowledge.

[Name of bank]

By:

________________________ [Name of officer]

[Address] State of Texas County of ____________ Subscribed and sworn to before me on ____________________ by ______________________________________________________________.



Information & Instructions: Notice to creditors 1. The following forms notify creditors of the Estate of the death of decedent, and that all claims must be filed with the executor within a certain prescribed time period in order to be honored by the Estate. 2. Procedure

a. A letter should be sent to the publisher of the court paper or newspaper in the county in which the administration has been opened.

b. The letter should request the publisher to publish the notice to all persons having claims against the Estate of the deceased.

c. Upon publishing of the required notice, the publisher should execute the publisher's affidavit, which states that the notice was published during the time period required by law.

d. The proof of service form states that the executor notified creditors of the decedent's death; it should be signed by the executor and filed with the court.

e. A letter should be sent to each secured creditor, by certified mail, return receipt requested, advising the creditor of the decedent's death.


Form: Letter to publisher

[Date] [Name and Address of publication] Dear [Salutation] Enclosed with this letter are two copies of a document entitled Notice to All Persons Having Claims Against the Estate of [name], Deceased . Please publish it in one issue of your newspaper. Subsequent to the publication, please execute the two (2) Publisher's Affidavits and return the same to my office, along with two (2) copies of the publication. I will remit payment promptly upon receipt of your bill.

Very truly yours,

[Signature of personal representative]


Form: Publisher's affidavit

PUBLISHER'S AFFIDAVIT I do solemnly swear that the above notice was published once in [name of publication], a

newspaper printed in [name of locality], __________ County, Texas.

That newspaper is one of general circulation in and for that county. Pursuant to the Texas

Estates Code notice has been given for the service of citation or notice by publication.

The date and the issue of the newspaper in which that notice was published is __________, and a

copy of the notice as published, has been clipped from the newspaper and is attached to this

affidavit.

________________________ Publisher

State of Texas County of ____________ Subscribed and sworn to before me on ____________________ by ______________________________________________________________.



Form: Proof of service



[NAME],

NO; ___________

DECEASED


PROOF OF SERVICE OF NOTICE UPON CLAIMANTS

AGAINST ESTATE State of Texas County of _______________ BEFORE ME, the undersigned authority, on this day personally appeared [name of affiant], who being first duly sworn on oath says: The attached notice is a copy of the notice which was sent by Registered Mail, Return Receipt Requested, to [name]. The return Receipt is also attached to this notice. State of Texas County of ____________ Subscribed and sworn to before me on ____________________ by ______________________________________________________________.



Information & Instructions: Statutory review of presentment and payment of claims 1. Texas Estates Code provides for a notice to be given to the comptroller's office within one month after receiving letters, if the decedent remitted or should have remitted taxes administered by the comptroller of public accounts. 2. The personal representative should also publish a notice in a newspaper in the county where the letters were issued. 3. The notice requires all persons having claims against the Estate being administered to present their claim to the personal representative within the time period prescribed by law. 4. The notice should state the time of issuance of the letters held by the representative together with the representative's address and post office. 5. A copy of the notice together with the affidavit of publisher duly sworn to and subscribed shall be filed with the court for causes pending. 6. Texas Estates Code provides that within four months after receiving letters, representatives shall give notice of the issuance of the letters to each and every person having a claim for money against the Estate if the claim is secured by a deed of trust, mortgage, vender's, mechanics', or other lien on real Estate and if the instrument creating the lien was duly perfected prior to the death of the testator. 7. The notice shall be given by mailing a registered letter, return receipt requested, addressed to each record holder of the indebtedness or claim at the last known post office address. 8. A copy of the notice, along with the return receipt and affidavit of the representative stating that the notice was mailed as required by law, giving the name of the person to whom the notice was mailed, if not shown on the notice of receipt, shall be filed in the court from which the letters were issued. 9. Texas Estates Code provides that if the representative fails to give the required notices, the representative and the sureties may be liable for any damage which any person suffers by reason of neglect unless it appears that the person had notice otherwise. 10. Texas Estates Code provides that all claims for money against a testate or intestate shall be presented to the executor within six months after the original grant of letters testamentary or administration. 11. Otherwise, the payment of those claims shall be postponed until the claims which have been presented within six months and allowed by the executor have been approved the court and paid.


12. However, the failure of a holder of a secured claim to present a claim within the six-month period shall not cause that claim to be postponed but it shall be treated as a claim to be paid in accordance with Texas Estates Code . 13. Claims may be presented to the guardian at any time when the Estate is not closed or when suit on the claims has not been barred by the general statute of limitations. 14. No claims against a decedent or Estate in which a suit is barred by general statute of limitations applicable to that claim shall be allowed by the personal representative. 15. Texas Estates Code provides that the general statutes of limitation are tolled by filing a claim which is legally allowed and approved or by bringing a suit upon a rejected and disapproved claims within ninety days after the rejection or dismissal of the claim. 16. Texas Estates Code provides that claims for funeral expenses and last illness shall be presented within sixty days after the original grant of letters testamentary or administration. If not presented in that time, the exempt property set apart to the widow and children and any allowance made to them under the provisions of this code shall no longer be liable for the payment of the funeral and last illness expenses. 17. The court shall not approve a claim for money against an Estate unless the claim is supported by an affidavit that the claim is just and all legal offsets, payments and credits known to the Affiant have been allowed. 18. If the claim is not founded on a written instrument or account, the affidavit shall also state the facts upon which the claim is founded. A photocopy of the exhibit may be offered and attached to the claim in lieu of the original. 19. Any defect in the claim shall be deemed waived by the personal representative unless an objection is filed within thirty days after presentment of the claim and filed with the county clerk. 20. Claims may be deposited with the clerk of the court and that in the event the representative fails to act on the claim within thirty days after the date it is filed, it is presumed to be rejected. Information & Instructions: Notification letter to creditors of death of decedent 1. This letter may be used to notify creditors of the decedent's death.


Form: Notification letter to creditor's of death of decedent

[Date] [Name and address] Dear [name of creditor]: I have been informed that you were indebted to the above named decedent. The current amount owed by you is $ __________. Notice is hereby given to you that all future payments with respect to the debt are to be made payable to and mailed as follows: [specify manner of payment]. If you have any questions, please contact me at the above address.

Very truly yours

[Attorney’s Name]


Form: Notice to all persons having claims against an Estate



[NAME],

NO; ___________

DECEASED


NOTICE TO ALL PERSONS HAVING CLAIMS AGAINST THE ESTATE

OF __________, DECEASED

Notice is hereby given that original Letters Testamentary for the Estate of [name of decedent],

were issued on [Date], in Cause No. __________, pending in the __________ Court of

__________ County, Texas, to: [name of executor].

Claims should be sent to:

[The applicant : The residence of the Executor is __________ County, Texas. The post office

address is: __________.]

Or

[The Attorney for the Estate: Claims should be presented in care of the attorney for the Estate

whose address is __________________]

All persons having claims against this Estate which is currently being administered are required

to present them within the time and in the manner prescribed by law.

Dated __________.


By ____________________________


______________________________ [Attorney’s Name] Attorney for Applicant [Attorney’s Address] [Telephone Number] [Facsimile Number] [Bar Card Number]


Form: Notice to all persons having claims against an Estate



[NAME],

NO; ___________

DECEASED


NOTICE TO SECURED AND GENERAL CREDITORS.

You are hereby given notice that on ______________ [Executor’s name] was appointed independent executor to the Estate of [name] in the probate court no. cause number The letters of testimony were issued on _______________ to [Executor’s name]. It appears that you may have a claim for money against the above Estate as a result of the following: 1. You may hold a secured claims supported by deed of insurance, mortgage, vendors, mechanics or contractors lawn upon real estate of this Estate or 2. You may hold an outstanding claim for money against this Estate as a result of some information within the personal representative possession. Notice is given that you are to present your claim with the time. and in the manner allowed by law. Date _____________________

____________________________ [Executor’s name]


Form: Proof of service of notice of general creditors

PROOF OF SERVICE OF NOTICE OF GENERAL CREDITORS



[NAME],

NO; ___________

DECEASED


State of Texas County of _____________ Before me the undersigned authority on this day personally appeared, name, title [ i. e. the executor of the Estate of. ]. Which is identified as the cause number __________ in the docket of ________, court no.__________ County, Texas. Known to me to be both personally and as such representative been duly sworn on his or her oath stated that he/she is the such person and the representative and that attached here is a copy of the notice that was sent to the creditors pursuant to the Texas Estates Code , mailed by registered letter, return receipt request and addressed to the names in Exhibit A hereto a record holder of an indebtedness of a claim referred to in such notice that his/her or its last known post office address as stated in Exhibit A here to. And that such mailing was required by law that the return receipt affidavit, return receipt return to a client after such mailing is also attached to exhibit A and that this affidavit and such attached copy of notice and return receipt will be forthwith filed with the court the letters of testimony were issued in such proceeding to a client that a clients name sworn to and subscribed before me by the sad name on ________________. State of Texas County of ____________ Subscribed and sworn to before me on ____________________ by ______________________________________________________________.

_____________________________________ Signature of officer _____________________________________ Notary's typed or printed name


My commission expires: ______________________ [or Notary's Stamp]


Information & Instructions: Receipt of property given to the beneficiaries 1. The receipt documents items of property given to the beneficiaries from the decedent's Estate. It further acts as a release of the executor from any claims or demands concerning the distribution of the Estate. Form: Receipt of property given to the beneficiaries



[NAME],

NO; ___________

DECEASED


RECEIPT

The undersigned hereby acknowledges receipt of the following property in full and complete satisfaction of the portion of this Estate to which the undersigned is entitled: [Describe property in detail]. By accepting the above property or items, I do hereby release the Estate and all persons acting for or on behalf of the Estate, with respect to any and all claims or demands which I may have with respect to the Estate, or any of its assets. Dated __________.

________________________

[Signature of person receiving property]


Information & Instructions: Closing affidavit of an Independent Executor for an Independent Administration 1. The independent executor's closing affidavit is used to provide a closing statement by the independent executor that the Estate has been closed. 2. The form is analogous to a final account used in a dependent or court supervised administration. 3. It is suggested that the form be filed to protect the independent executor so that upon close of the Estate, his final actions may be made of court record and constructive notice provided to all interested parties. 4. Upon receipt of an accounting and after notice to the independent executor and a hearing, the court shall order the distribution by the independent executor to the persons entitled to the property. 5. If the court finds a continued necessity for administration, the court shall distribute the part of the Estate not subject to further administration. 6. If the property is not readily susceptible of distribution without partition, the court shall order a partition and distribution or sale. 7. The purpose of the same is to provide for more prompt distribution of assets under independent administration.


Form: Closing affidavit of an Independent Executor for an Independent Administration



[NAME],

NO; ___________

DECEASED


CLOSING AFFIDAVIT OF INDEPENDENT EXECUTOR

Before me, the undersigned notary public, on this day personally appeared [name of

affiant], who after being duly sworn, stated upon [his or her] oath that:

I, [name], am the Independent Executor of the Estate of __________, Deceased, and submit the

following final accounting and statement regarding the above Estate and certified the Estate to be

closed.

1. INVENTORY AND APPRAISEMENT

1.1 Attached to this affidavit as Exhibit "A" is a copy of the inventory and appraisement duly

filed with the Court listing the decedent's property and its value.

2. CLAIMS AGAINST THE ESTATE

2.1 All required creditors have been duly notified as required by the Texas Estates Code

regarding the decedent's death.

2.2 All known debts and proper claims against the Estate have either been paid or acted upon.

2.3 Exhibit "B" to this affidavit contains a list of all claims and/or debts against the Estate

which have been paid by the undersigned Executor.

3. PROPERTY OF THE ESTATE


3.1 The following property came into the hands of the undersigned Independent Executor and

has been distributed to the devisees per Exhibit "C" attached to this affidavit.

3.2 Exhibit "C" lists distribution of the assets, i.e., one house, known as [insert legal

description and street address] to [name of devisee], devisee, pursuant to a Deed from

Independent Executor to that devisee; one automobile described as follows to [name], one

certificate of deposit to [name]; miscellaneous clothing and personal effects described as

[description] to [name] devisee; [continue listing the distribution as applicable].

3.3 As of the date of signing this filing the Independent Executor retains no property of the

Estate and all property of the Estate has been distributed as stated above.

________________________

Independent Executor

State of Texas County of __________ BEFORE ME, the undersigned authority on this day personally appeared [name of affiant], known to me to be the person whose name is subscribed to the foregoing account and acting in the capacity of Independent Executor of the Estate of __________ and having been duly sworn upon [his or her] oath stated to me that that account is true and correct. State of Texas County of ____________ Subscribed and sworn to before me on ____________________ by ______________________________________________________________.

_____________________________________ Signature of officer _____________________________________ Notary's typed or printed name My commission expires: ______________________


[or Notary's Stamp]


Documents

Information & Instructions: Independent Administration · Information & Instructions: Letter to an executor that explains the probate procedure and duties of the executor from the