Texas Probate Forms and Procedures
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Product description
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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 practice pointers to help you avoid common pitfalls.
This edition brings you these recent developments:
• A Declaration has been added as an alternative to the traditional Oath taken by personal representatives.
• New Estates Code §22.0295 defines qualified delivery methods that are acceptable as proof of delivery and receipt making a major change in how notices are to be sent in probate matters.
• For applications filed on or after 9/1/23, a convicted felon would be allowed to serve as executor even without a pardon or restoration of civil rights if named as executor in the Will, otherwise qualified to serve, and approved by the court.
• In a “lost Will” case, an heir who is at least 16 and the parent, managing conservator, guardian, attorney ad litem, or guardian ad litem of an heir younger than 16 may execute a waiver of service.
• The methods of providing proof at an heirship hearing have been expanded for hearings on or after 9/1/23.
• Effective 9/1/23, an application for proceeding to declare heirship must include a general description of the decedent’s property only if it is subject to distribution under the eventual heirship judgment.
And these new forms:
• Form 6-3.1 Declaration of Temporary Administrator
• Form 7-17.1 Declaration (Independent Executor)
• Form 7-18.1 Declaration (Independent Administrator With Will Annexed
• Form 7-18.3 Declaration (Independent Administrator — No Will)
• Form 8-17.1 Declaration (Dependent Administrator — No Will)
• Form 11-10 Application for Family Allowance
• Form 11-11 Order Awarding Family Allowance
AND MORE!
Additional forms materials are available from James Publishing; access to those materials can be requested directly from James by following guidelines provided within the eBook or emailing forms@jamespublishing.com.
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