Estate Administration Process

Question 1

Personal Representative (“P.R.”)

• Executor
• Administrator

Answer 1

Generic term describing the person in charge of administering the estate of a decedent.

• Person in charge of administering the estate of a testate decedent (died w/a will)
• Person in charge of administering the estate of an intestate decedent (died w/o will)

Question 2

Duties of a P.R.

Answer 2

(1) Marshall the decedent’s probate assets
(2) satisfy decedent’s remaining debts/obligations
(3) distribute any remaining prop/assets to heirs/devisees

Question 3

General Proof Requirements (TX) - what applicant for probate of a will must prove to the court to obtain the probate

TEC 256.151 (pg. 58)

Answer 3

(1) that testator is dead;
(2) that 4 years have not elapsed since the date testator died and before the application;
(3) that the court has jurisdiction and venue over the estate;
(4) that citation has been served and returned in the manner and for period required by this title; and
(5) that the person for whom letters testamentary or of administration are sought is entitled by law to those letters and isn’t disqualified

Question 4

Additional proof required for probate of a will (TX)

TEC 256.152 (p. 58)

Answer 4

(1) testator did not revoke the will;
(2) if the will is self-proved, that the testator: (A) exeuted the will w/the formalities and solemnities and under circumstances required by law to make valid will; and (B) at thetime of executing the will, that testator was of sound mind and (i) was 18 or older; (ii) was or has been married; or (iii) was a member of the US armed forces, an auxiliary of the forces, or the US Maritime Service.

Question 5

What is a self-proved will?

TEC 251.101 (pg. 43)

Answer 5

a will (1) to which a self-proving affidavit subscribed an sworn to by testator and witnesses is attached or annexed; or (2) that is simultaneously executed, attested, and made self-proved as provided by Sec. 251.1045