Order Granting Dependent Administration and Appointing Dependent Administrator with no Will Page 1 of 4
CAUSE NO. PR- _______-_________
IN THE ESTATE OF § IN THE PROBATE COURT
§
__________________________, § OF
§
DECEASED § DENTON COUNTY, TEXAS
ORDER GRANTING DEPENDENT ADMINISTRATION
AND APPOINTING DEPENDENT ADMINISTRATOR
ON THIS DAY the Court heard the Application for Letters of Dependent Administration,
filed by ____________________ in the Estate of ____________________________, Deceased.
Due proof, having been taken in the manner required by law, the Court finds that the
following have been fully and satisfactorily proved to the Court that:
1. This Court has jurisdiction and venue over this Estate;
2. ____________________ (“Decedent”) died on______________, 201_ in ______________,
Denton County, Texas; with/without a will
3. The Estate of __________________________ is pending in the Denton County Statutory
Probate Court;
4. There is a necessity for continuing administration of the estate and ____________________ is
qualified and not disqualified to serve in the role as Dependent Administrator.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED by the Court that
__________________________ is appointed Dependent Administrator of the Estate of
____________________, and that he/she post a Corporate Surety Bond in the amount of
$________________.
IT IS FURTHER ORDERED that upon the taking and filing of the Oath required by law
and the approval of the bond, Letters of Dependent Administration shall issue to
______________________, who is appointed as Dependent Administrator.
IT IS FURTHER ORDERED that the Dependent Administrator shall have the following
powers, as well as all other applicable powers under Texas Estates Code Chapter 351:
Order Granting Dependent Administration and Appointing Dependent Administrator with no Will Page 2 of 4
a. To make investigations reasonably necessary to determine the nature and extent of
Estate assets;
b. To make demand for and to take charge and possession of all of the Estate’s assets in
the possession of any person, including, but not limited to, all real and personal
property, bank accounts, securities, IRAs, investment accounts, annuity contracts,
proceeds or accounts, and insurance payable to the Estate or insuring the life of
Decedent;
c. To make demand for and take possession of any and all books, records, documents,
and instruments pertaining to Decedent’s assets or income that have been ordered part
of Decedent’s Estate;
d. To make demand for and take possession of any and all books, records, documents,
and instruments pertaining to all interests in any entity or business owned by the
Decedent;
e. To make demand for and take possession of any and all books, records, documents,
and instruments pertaining to debts and liabilities owed by Decedent at the time of his
death, including, but not limited to, documents of title, mortgages, liens, leases, and
all appraisals made within the last three (3) years that have been ordered part of
Decedent’s Estate;
f. To receive any monies, interest, and all other types of income payable to or receivable
by the Estate;
g. To receive any monies, interest, and all other types of income payable to or receivable
by any entity or business owned by the Decedent;
h. To make demand for and take charge and possession of all income receivable by the
Estate, including but not limited to rental income from real properties of the Decedent;
i. To open an estate bank account, deposit all funds belonging to Decedent’s Estate from
all sources in such account until further orders of the Court, and be the authorized
signatory on such account;
j. To have access to any safe deposit box standing in the name of the Decedent and to
obtain possession of any documents in the safe deposit box and to immediately
inventory the contents of the safe deposit box;
k. To notify creditors as provided by the Texas Estates Code, and to allow, disallow, and
deal with claims submitted pursuant to the Texas Estates Code;
l. Upon Application and obtaining separate written authorization and order of the court
to employ attorneys and appraisers to assist in the administration; to sue or defend
lawsuits; and to exercise any rights necessary to protect assets of the Estate;
Order Granting Dependent Administration and Appointing Dependent Administrator with no Will Page 3 of 4
m. To assert, pursue and collect all claims and other property to which Decedent’s Estate
might be entitled and to utilize reasonable and necessary legal means and legal
processes to do so;
n. Upon Application and obtaining separate written authorization and order of the court
to pay any and all amounts that are past due, that become due and/or are required to
be paid associated with any real property to which the estate has an interest, including
but not limited to, mortgage payments, taxes, cleanup cost, insurance and maintenance
cost;
o. Upon Application and obtaining separate written authorization and order of the court
to pay reasonable and necessary rental, storage, transfer costs and maintenance
expenses associated with motor vehicles and personal property of the Estate;
p. To retain Estate funds currently in his possession and expend said funds to pay for
certain administrative costs of the Estate ordered paid pursuant to this Court’s written
approval and order; future Court orders and/or authorized by the Texas Estates Code;
q. To retain the services of a certified public accounting firm or other accounting
professional to take the necessary actions to ascertain the tax liabilities of Decedent
and Estate, to retain the proper tax records and filings of Decedent, to file any
necessary tax returns and to pay any taxes owed by Decedent or the Estate or any
business entity to which Decedent and/or Estate owns a controlling interest and had
authority to make tax filings;
r. To pay court costs and reasonable necessary expenses, and attorney’s fees upon
application and obtaining separate written approval and order of the Court;
s. Upon written order of the Court, to deposit Estate funds into the registry of the Court;
and
t. To do such other and further actions concerning the property and the interest of
Decedent’s Estate as the Court may from time to time direct by express authorization
by separate written order of this Court.
IT IS FURTHER ORDERED that upon the Dependent Administrator discovering
additional liquid assets resulting in the Dependent Administrator’s Bond being insufficient,
the Dependent Administrator is to file a Motion with this Court fully informing the Court
of all the assets in the Estate and have a hearing set to have the Bond increased.
IT IS FUTHER ORDERED that pursuant to TEC§ 359.0101 et seq. the Dependent
Administrator is required to file Annual Accountings with sufficient documentation with
the Court not later than 60 days after each anniversary date of the Dependent
Administrator’s qualification.
Order Granting Dependent Administration and Appointing Dependent Administrator with no Will Page 4 of 4
IT IS FURTHER ORDERED that no distributions of estate assets are to be made by
the Dependent Administrator to any beneficiary without first obtaining the Court’s
approval and authorization which, if granted, will be authorized by a separate written order
of this Court.
IT IS FURTHER ORDERED that the Dependent Administrator does not have the
power to sell or dispose of Estate Assets without the authorization and approval of the
Court which, if granted, will be authorized by a separate written order of this Court.
Signed on the of , 2019.
_______________________________________
JUDGE PRESIDING
APPROVED AS TO CONTENT AND FORM:
______________________________
__________________________,
Attorney for _________________
______________________________
_________________________,
Attorney for _________________ 