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Wills and Trusts - professorbeyer.com

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Court’s Actionon Application
Overview
Admission to Probate -- Generally
Judge signs orderUsually prepared by applicant’s attorneySome courts supply formPC § 89EC § 256.201
Admission to Probate -- Generally
Judge signs orderOriginal will and order filed in county clerk’s office.PC § 90EC §256.202
Admission to Probate -- Generally
Judge signs orderFile certified copy of will and order in other Texas counties where real property is locatedFollow procedure of other states/nations where real property is located
Muniment of Title
AuthorityPC §§ 89A-89CEC Chapter 257
Muniment of Title
When use allowed:No unpaid debts (other than those secured by real property)For other reason, the court finds no necessity for administration
Muniment of Title
Why used:Fast, simple, and inexpensiveLate probate (too late for administration)
Muniment of Title
Passage of propertyUnder terms of willHolders of testator’s property may transfer to beneficiaries
Muniment of Title
Duty of applicantReportto courtcompliance with will terms within 180 daysAlmost always waived in the court order
Muniment of Title
Combine with Declaratory JudgmentPermissible if need interpretation or construction of will
Muniment of Title
In re Estate of Kurtz– p. 100
Muniment of Title
No executor appointedso no one has to do the things an executor normally does such as:Notice to beneficiariesFile inventoryGive notice to creditors
Admit will to probateandGrant letters
The court order:Admits will to probate, andGrants letters testamentary to the executor.
Determination of Heirship
Court determines the heirs and their shares under intestate succession.
Grant letters of administration
Court appoints an administrator for the intestate decedent.Heirs may be determined at a later time.
Deny application

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Wills and Trusts - professorbeyer.com