Waiver Of Citation, Waiver Of Bond, And Consent To Appointment Of Independent Administrator printable pdf download

No. _________-2

IN RE: ESTATE OF

IN THE PROBATE COURT

_________________________

NUMBER TWO FOR

DECEASED

TARRANT COUNTY, TX

WAIVER OF CITATION, WAIVER OF BOND,

AND CONSENT TO APPOINTMENT OF INDEPENDENT ADMINISTRATOR

Pursuant to Texas Estates Code (TEC) 401.002 & 401.003

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES ______________________, who, after being duly sworn, deposes and says:

1. I am one of the heirs [TEC 401.003] or distributees [TEC 401.002] of the Decedent

named in the heading of this case;

2. I have read the Application for Independent Administration (and possibly for

Determination of Heirship) filed in this matter and acknowledge receipt of such

Application, and if this application is brought for an intestate administration under TEC

401.003, I swear to the court that all heirs of the decedent, to the best of my knowledge,

are listed in the Application;

3. Pursuant to TEC 401.004(b), I hereby waive the issuance or service of citation upon

me, and enter an appearance in this cause, and agree that the Application may be

amended or heard at any time hereafter without further notice to me;

4. I understand that an independent administrator is required to post a corporate surety

bond unless waived in the Will by the decedent or unless all heirs of the decedent

request the Court to waive such bond. I understand that a corporate surety bond is an

obligation by an insurance company that would protect my interest in the decedent's

estate and allow me to pursue payment from the company that issued the corporate

surety bond if the independent administrator fails to perform required duties.

Nevertheless, I hereby make application for waiver of bond pursuant to TEC 401.005,

and request the Court to waive the corporate surety bond in this matter.

5. I understand that the independent administrator must only file an inventory,

appraisement and list of claims with the Court, and that the independent administrator

may perform all duties allowed by TEC 401-403 without further court permission.

6. I hereby designate and request the court to appoint ____________________, who is a

qualified person, to serve as Independent Executor (TEC 401.002a) Independent

Administrator (TEC 401.003) or Independent Administrator with Will Annexed (TEC

401.002b) to serve without bond of the estate of the decedent listed above.

_____________________________________

HEIR OR DISTRIBUTEE (signature)

SUBSCRIBED

AND

SWORN

BEFORE

_____________________________________ on this _____ day of __________, 20___.

___________________________________

Notary Public, State of Texas

Waiver Of Citation, Waiver Of Bond, And Consent To Appointment Of Independent Administrator

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