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In Re: THE ESTATE OF IN THE PROBATE (Denton County, Texas)

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Effective11/08/2017
Cause No. _________________
In Re: THE ESTATE OF § IN THE PROBATE COURT
§
, § OF
§
DECEASED § DENTON COUNTY, TEXAS
HEARING REQUEST FORM
UNCONTESTED TESTATE ESTATE - EST §401.002
INDEPENDENT ADMINSITRATION BY AGREEMENT
To obtain a setting, complete the appropriate Hearing Request Form and email it to
hearingrequest@dentoncounty.com. A hearing will not be set until all boxes have been checked
or marked as not applicable. The Probate Staff will review the file to make sure all necessary steps
have been completed. If a step has not been completed, you will receive an email from the Probate
Staff. Once the Probate Staff has approved the Hearing Request Form, the staff will email you the
following docket entry has been made: Hearing Request Form Approved. After the Hearing
Request Form has been approved, please contact the Probate Court Coordinator to obtain a setting
that is convenient for you.
□ 1. General citation posted.
***Denton County Clerks’ Office REQUIRES a Citation Request Form be
completed in order to obtain citations. The Clerks’ Citation Request Form is
found on the Denton County website at:
http:dentoncounty.com/departments/county-courts/probate-court.aspx**
□ 2. Copy of Will filed with Application, Application includes last 3 digits of
Applicant’s and Decedent’s SSN and DL or explains why omitted as required by
Texas Estates Code §256.052.
□ 3. You are required to present the Court an Original Death Certificate at the
prove up hearing.
□ 4. The proper inquiries have been made and the designated Independent
Administrator is qualified to serve. Texas Estates Code §304.003.
SELECT NO. 3 OR NO. 4
□ 5. Will names an Executor but does not provide for Independent Administration.
□ a. All Distributees have (1) agreed and consented to have the Executor
named in the will serve as Independent Executor and (2) have agreed
to creating an Independent Administration of the estate, and proper
documents evidencing all Distributees’ consent have been filed with
the Court. Texas Estates Code §401.002(a)
CauseNo.‐Chapter401IndependentAdministration Page2
□ 6. Will does not name an Executor or named Executors are deceased, disqualified, or
decline to serve. (Appointment of Independent Administrator with will annexed.)
□ a. All Distributees have agreed and consented to creating an
Independent Administration of the estate and the proper documents
evidencing all Distributees’ consent have been filed with the Court.
Texas Estates Code §401.002(b)
□ b. All Distributees have agreed collectively on the designation of a
qualified person, firm, or corporation to serve as Independent
Administrator, and the proper documents evidencing all Distributees’
consent have been filed with the Court.
Texas Estates Code §401.002(b)
□ 7. All Distributees have been served with citation and notice of the Application, or
proper waivers for the issuance of citation have been filed, or the Distributee has
entered an appearance in Court. Texas Estates Code §401.004(b)
(CHECK ONLY IF APPLIES)
□ 8. If requesting waiver of bond, the proper waiver(s) must be filed with the Court
evidencing all Distributee’s understanding that a bond is required and that they
are waiving the requirement for the Independent Administration to be bonded.
Texas Estates Code §401.005
□ 9. Testimony admitted into evidence must be reduced to writing. Proof of Death and
Other Facts have been prepared and filed with the Court. Bring a copy of the
Proofs with you the day of Prove-Up in order they can be signed in front of the
Judge. Texas Estates Code §256.157. If testimony is by written deposition, it
must comply with Texas Estates Code §51.203 and with the Texas Rules of Civil
Procedure.
□ 10. Oath has been prepared for the Independent Executor or Independent
Administrator in accordance with Texas Estates Code §305.051.
BRING A DIGITAL VERSION OF YOUR DOCUMENTS IN WORD FORMAT
IN THE EVENT CHANGES NEED TO BE MADE.
CauseNo.‐Chapter401IndependentAdministration Page3
As attorney for the Applicant, before submitting this request, I verify by signing below that
each of the above-listed items has been completed, that I have complied with all procedural and
statutory requirements of the Texas Estates Code Chapter 401, and that this matter is ready to be
set on the Probate Court’s uncontested docket. I understand that if an above-listed item has not
been completed, this matter will not be set on the Court’s docket until all items on the checklist
have been completed and emailed to hearingrequest@dentoncounty.com.
Respectfully Submitted,
_________________________
Attorney Name:
SBN:
Address:
Phone:
Email:
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In Re: THE ESTATE OF IN THE PROBATE (Denton County, Texas)

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Completed 13 February 2021

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