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County Court at Law 2

PROBATE ADMINISTRATIONS

Probate of a Will Outside Four Years:
Please make yourself familiar with Tex. Est. Code § 258.051!  A “Notice to Heirs” compliant with the statute may be found by clicking “here”.  Testimony at the time of hearing will be required to establish the intestate heirs of the decedent to determine if notice was properly given.  If an heir of the decedent dies after the decedent, service on the heir’s heirs is not appropriate unless there has been a formal heirship completed; in which case the order declaring heirship must be admitted as an exhibit at the hearing.  If an heir of the decedent dies after the decedent and was not served before death, service should be had on the personal representative of the heir’s estate.  If there is no personal representative then the Court considers this to be an heir whose address cannot be ascertained by the applicant with reasonable diligence.  As such the applicant should advise the court that an ad litem is necessary to protect the interest of said heir pursuant to the statute.
 
Probate of a Will Not Produced: 
Please make yourself familiar with Tex. Est. Code §§ 301.052 & 258.002!  Testimony at the time of hearing will be required to establish the intestate heirs of the decedent to determine if notice was properly given.   If an heir of the decedent dies after the decedent, service on the heir’s heirs is not appropriate unless there has been a formal heirship completed; in which case the order declaring heirship must be admitted as an exhibit at the hearing.  If an heir of the decedent dies after the decedent and was not served before death, service should be had on the personal representative of the heir’s estate.  If there is no personal representative then the Court considers this to be an heir who is not a resident of Texas.  Therefore, the applicant should obtain service of the citation by publication pursuant to the statute.  No substitute service motion is necessary, as the statute provides for the publication.  The applicant should advise the court that an ad litem is necessary to protect the interest of said heir pursuant to TRCP 244.


Independent Administration Handbook
Dependent Administration Handbook

Forms:
Sample Annual Account Form
Sample Bank Certification Form

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