Description
Includes 200+ custom drafted forms
No better timesaver exists than a well-drafted, on-point form. Here are over 170, plus a law-and-procedure outline. Keith Branyon’s formbook will help you deal with the ever-increasing pressure to do more in less time, covering each procedural step with:
- The relevant code sections.
- Summaries of the interpretive cases.
- Advice for avoiding common pitfalls.
- A complete collection of practice-proven forms.
All forms are custom-drafted in plain English specifically for use in Texas by one of the state’s top probate practitioners. Here are some of the topics covered by the book’s many forms:
- Initial representation
- Independent administration
- Dependent administration
- Other options
- Creditors
- Foreign wills
- Contested matters
A timesaving combination of forms and law from one of Texas’ top practitioners.
Keith Branyon’s new formbook will help you deal with the ever-increasing pressures to do more in less time.
This book covers each key procedural step in the probate process with the relevant code sections, summaries of the interpretive cases, and advice for avoiding common pitfalls.
REVISION 11 HIGHLIGHTS
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!
ABBREVIATED TABLE OF CONTENTS
CHAPTER 1: CLIENT ENGAGEMENT
CHAPTER 2: PROBATE OPTIONS & CONSIDERATIONS
CHAPTER 3: EMERGENCY PROCEDURES
CHAPTER 4: PERSONAL REPRESENTATIVE
CHAPTER 5: VENUE & JURISDICTION
CHAPTER 6: TEMPORARY ADMINISTRATION
CHAPTER 7: INDEPENDENT ADMINISTRATION
CHAPTER 8: DEPENDENT ADMINISTRATION
CHAPTER 9: MUNIMENT OF TITLE
CHAPTER 10: DETERMINATION OF HEIRSHIP
CHAPTER 11: MISCELLANEOUS PROCEDURES
CHAPTER 12: CREDITORS
CHAPTER 13: FOREIGN WILLS
CHAPTER 14: TAX CONSIDERATIONS
CHAPTER 15: CONTESTED MATTERS
APPENDIX: A LOGICAL GUIDE TO THE TEXAS ESTATES CODE
TABLE OF STATUTES
TABLE OF CASES
TABLE FOR NEW TEXAS ESTATES CODE
INDEX
ABOUT THE AUTHOR
M. Keith Branyon focused his practice on estate planning, probate, guardianship, and tax from 1984 until his retirement in 2022. He also litigated probate and guardianship cases, including will contests and guardianship disputes.
Mr. Branyon is a Fellow of the American College of Trust and Estate Counsel. Before he retired, he was certified by the Texas Board of Legal Specialization in Estate Planning and Probate Law for 35 years and in Tax Law for 33 years. Mr. Branyon served for five years as Chair of the Advisory Commission for the Estate Planning and Probate specialty, and for five years as Chair of both the Advisory Commission and Exam Writing Commission for the Tax Law Specialty. Mr. Branyon has served on the Planning Committee for Texas Bar CLE’s annual Advanced Estate Planning and Probate Course and has been a speaker at numerous seminars on various probate topics.
Mr. Branyon has an AV Martindale rating. He is also a Certified Public Accountant.
As an additional benefit to subscribers, Mr. Branyon offers consulting services regarding Decedent’s Estates on a fee basis. For more information, contact Mr. Branyon at [email protected].
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