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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)
