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Order Declaring Heirship Granting Administration And Appointing An Administor Form. This is a Texas form and can be use in Probate Statewide.
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Tags: Order Declaring Heirship Granting Administration And Appointing An Administor, Texas Statewide, Probate
NO. ________
ESTATE OF
__________________________,
DECEASED
§
§
§
§
§
IN THE ___________ COURT
OF
____________ COUNTY, TEXAS
ORDER DECLARING HEIRSHIP, GRANTING ADMINISTRATION
AND APPOINTING AN ADMINISTRATOR
On this day came on to be heard the Application for Determination of Heirship and
for Letters of Administration (the "Application") filed by _____________________________
("Applicant"). The Court, after considering the pleadings, the evidence, and the statements
filed herein, finds that:
A.
Service of citation has been made in the manner and for the length of time
required by law, and all parties interested in the estate have executed the Application or
have been duly served with citation as required by law;
B.
__________________________ ("Decedent") is dead, having died on
________________, 199__, in ___________ County, Texas;
C.
Decedent was domiciled in and had a fixed place of residence in _________
County, Texas, at the time of his death;
D.
Four years have not elapsed since the death of Decedent and this Court has
jurisdiction of Decedent's estate;
E.
Decedent died without leaving a lawful will;
F.
Decedent was married to ________________ on the date of death;
G.
There is a need for administration of this estate;
H.
___________________ is not disqualified by law from accepting letters of
administration or from serving as administrator and is entitled to such letters;
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I.
There is no need for appointment of appraisers for this estate;
J.
All matters and proof required to support the Application have been fully
complied with and met, and it would be in the best interest of the estate and the distributees
that the Application be granted;
K.
The heirship of Decedent has been fully and satisfactorily proved, as well as
the identity and nature of Decedent's property as being separate or community and the
interests and shares of each of the heirs therein; and
L.
_____________________ has been appointed attorney ad litem to represent
the interests of Decedent's heirs whose whereabouts are unknown and known heirs
suffering legal disability.
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the names,
ages, marital status and residence addresses of the Decedent's heirs, the relationship of
each heir to Decedent, and the true interest of each of the heirs in the estate of Decedent
are as follows:
Name, Age and
Marital Status
Residence
Address
Relationship
Interest in
Community
Property
Interest in
Separate
Personal
Property
Interest in
Separate Real
Property
___________,
Age ___,
Widowed
___________
___________
___________
Wife
All of her onehalf (1/2)
One-third (1/3)
Life estate in
one-third (1/3)
___________,
Age ___,
Unmarried
___________
___________
___________
Daughter by
Prior Marriage
One-half (1/2) of
Decedent's onehalf (1/2) [i.e.,
one-fourth (1/4)
of the entire
community
estate]
One-half (1/2) of
two-thirds (2/3)
[i.e., one-third
(1/3)]
One-half (1/2) of
two-thirds (2/3)
[i.e., one-third
(1/3)] outright,
and one-half
(1/2) of onethird [i.e., onesixth (1/6)]
subject to
Applicant's life
estate
ORDER DECLARING HEIRSHIP, GRANTING ADMINISTRATION
AND APPOINTING AN ADMINISTRATOR
CAUSE NO. _______
PAGE 2
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Name, Age and
Marital Status
___________,
Age ___,
Unmarried
Residence
Address
___________
___________
___________
Relationship
Daughter by
Prior Marriage
Interest in
Community
Property
One-half (1/2) of
Decedent's onehalf (1/2) [i.e.,
one-fourth (1/4)
of the entire
community
estate]
Interest in
Separate
Personal
Property
One-half (1/2) of
two-thirds (2/3)
[i.e., one-third
(1/3)]
Interest in
Separate Real
Property
One-half (1/2) of
two-thirds (2/3)
[i.e., one-third
(1/3)] outright,
and one-half
(1/2) of onethird [i.e., onesixth (1/6)]
subject to
Applicant's life
estate
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that administration of
this estate is granted; that __________________ is hereby appointed administrator of the
estate; that bond is set at $______________________; that the Clerk of this Court shall
issue letters of administration to _________________ after she has posted such bond and
taken and filed the oath as required by law; that __________________ is awarded and
allowed an attorneys' fee of $______________________ for his services rendered as
attorney ad litem to be taxed as costs in this case; and that no appraisers be appointed for
this estate.
SIGNED this ____ day of _____________, 199__.
Judge Presiding
ORDER DECLARING HEIRSHIP, GRANTING ADMINISTRATION
AND APPOINTING AN ADMINISTRATOR
CAUSE NO. _______
PAGE 3
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