Probate (With Will) Form

Section I. Information about the Applicant


Your full legal name:*
Your name as in the Will:*
Your Residence Address*
Street Address
Address Line 2
City
State / Province / Region
ZIP / Postal Code
Your Email Address:*
Your Relationship to Decedent:*

Section II. Information about the Decedent


Name variations on accounts:
Decedent’s date of birth:*
Decedent’s date of death:*
Age:*
Location of Decedent’s death:*
Decedent’s residence at death:*

List ALL of Decedent's Marriages:

Spouse Full Name
Date of Marriage
Divorced Date (if applicable)
Death Date (if applicable)

Section III. Information Regarding the Decedent’s Will


What is the date of the Decedent’s Will?*
Is the Will "self–proved"? See below.*

A self-proved will contains notarized language at the end of the Will that is nearly identical to the following:

Before me, the undersigned authority, on this day personally appeared [Decedent’s Name], [Witness#1] and [Witness#2], known to me to be the testator and the witnesses, respectively,whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the said [Decedent’s Name], testator, declared to me and to the said witnesses in my presence that said instrument is his last will and testament, and that he had willingly made and executed it as his free act and deed; and the said witnesses, each on his oath stated to me, in the presence and hearing of the said testator, that the said testator....

Provide two witnesses.

First Name
Middle Name
Last Name
Middle Name
Last Name
Last Name
Do you have any way of contacting the witnesses to the Will?*
Did the Decedent have or adopt any children after executing the Will?*
Was the Decedent divorced after the date of the Will?*
Does the Decedent’s Will name someone to serve as "Independent" Executor or Executrix?*
Does the Decedent’s Will say that the "Independent" Executor will serve "without bond"?*
Please List Executors:*

Please List Executors:*

Executor Name
Street Address
City/State/Zip
Will any of the Executors be waiving their right to serve?*
Has any named Executor ever been convicted of a felony?*
Are all named Executors Texas residents?*
Does the Decedent’s Will name the State of Texas, a governm ental agency of the State of Texas, or a charitable organization as a devisee?*

Section IV. Information Regarding Decedent’s Heirs
The Texas Estates Code requires personal representatives to give notice to all will beneficiaries within sixty days of the date a decedent’s will is probated. Therefore, please provide the following information for ALL persons named as beneficiaries in the Decedent’s Last Will and Testament:


Please List Beneficiaries:

Column Full Name
Address

Deceased (Y/N)?
Date of Death (if applicable)
Do all of the persons named in the Will and all of the Decedent’s immediate family members not named in the Will agree as to the validity of the Decedent’s Last Will and Testamentand to your serving as the Executor of the Estate?*

Section V. Information for the Inventory, Appraisement and List of Claims
Description of Decedent’s Assets (Do not include "JTWROS", "POD" or other assets that transfer automatically upon the death of the Decedent.)


Homestead Address
Appraisal District Tax Valuation ( See "www.dcad.org")
City, State & Zip Code
Date of Purchase (Month/Year)
Mortgages, Deed of Trust, or Lien holder’s Name
Amount of Lien ($)
Community Property

Automobile Make & Model
Estimated "Blue Book" Value (See "www.kbb.com")
Lien Holder's Name
Community Property
Lien Holder's Name

Bank/Investment Company Name
Account Value (as of Date of Death)
Last Four Digits of Account Number
Account Type
Bank Address
Community Property

Bank/Investment Company Name
Account Value (as of Date of Death)
Last Four Digits of Account Number
Account Type
Bank Address
Community Property

Community property consists of the property, other than separate property, acquired by either spouse during marriage. A spouse's separate property consists of: 1) the property owned or claimed by the spouse before marriage; 2) the property acquired by the spouse during marriage by gift or inheritance; and 3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage. All property that is acquired during the marriage is presumed to be community property unless proven otherwise.


Life Insurance Payable to the Estate
Face Value of Policy
Policy Number
Insurance Company Address
Community Property

Furniture and Furnishings of residence value:
Community Property

Misc. personal effects, jewelry, clothing, etc. value:
Community Property

Section VI. Information Regarding Decedent’s Debts

Description of Decedent’s Debts:


Name of person who paid for funeral:
Costs:
Healthcare Provider:
Total Expenses NOT Covered by Insurance:
Credit Card Company:
Total Unpaid Credit Card Balance:
Utility Company Name:
Total Unpaid Balance:
Phone Company Name:
Total Unpaid Balance:
Please list information regarding all other debts:
Section VI. Information Regarding Decedent’s Debts Description of Decedent’s Debts: Name of person who paid for funeral: Costs: Healthcare Provider: Total Expenses NOT Covered by Insurance: Credit Card Company: Total Unpaid Credit Card Balance: Utility Company Name: Total Unpaid Balance: Phone Company Name: Total Unpaid Balance: Please list information regarding all other debts: Would you be willing to immediately pay all of the Estate’s outstanding debts in order to probate the Will as a muniment of title only?

A muniment of title proceeding is a simplified probate where in the court does not appoint an executor because no administration is necessary. The court’s Order Admitting Will to Probate gives the Will legal effect and constitutes sufficient legal authority to all persons to pay or transfer estate property to the persons described in the Will as the beneficiaries of the property. Most financial institutions, however, insist on only releasing estate funds to a court-appointed executor by requiring "Letters Testamentary" or "Letters of Administration" prior to releasing funds. In that event you have no choice but to ask the court to appoint an executor.

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