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Order Requiring Specific Notice Of Application - Texas
| Order Requiring Specific Notice Of Application Form. This is a Texas form and can be used in Probate Travis Local County . |
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No. 31,274 IN THE PROBATE COURT NO. ONE OF TRAVIS COUNTY, TEXAS ORDER REQUIRING SPECIFIC NOTICE OF APPLICATION TO PROBATE A COPY OF A LOST WILL OR A LOST WILL WITHOUT A COPY Comes now the Probate Court Number One of Travis County, Texas, and finds that there is need for an administrative order regarding notice to all parties interested in an estate of the application to probate a copy of a lost will or codicil, or to probate a lost will or codicil without a copy (i.e., a written will or codicil that cannot be produced in court). WHEREAS, under §128(b) of the Texas Probate Code, when a will or codicil cannot be produced in Court, the Clerk shall issue citation to all parties interested in the estate, which citation shall contain substantially the statements made in the application for probate and the time when, place where, and the court before which such applications will be acted upon; and WHEREAS, under §81(b) of the Texas Probate Code, an application for the probate of a will or codicil which cannot be produced in court must state additional information concerning the reason for the original's non-production and the names of the individuals who would inherit by intestacy or devise if the copy of the instrument were not admitted to probate; and WHEREAS, under §33(d) of the Texas Probate Code, the Court finds that the current form of citation by the Clerk is insufficient or inadequate to advise heirs or devisees of their right to object to an application to probate a copy of a lost will or codicil, or a lost will or codicil without a copy (i.e., a written will or codicil that cannot be produced in court), and that a specific notice of such right to object should be given in all such cases, either attached to the citation prepared by the Clerk, or included with waivers of citation IT IS THEREFORE ORDERED that: Upon the filing of an application to probate a copy of a lost will or codicil, or an application to probate a lost will or codicil without a copy (i.e., a written will or codicil that cannot be produced in court), the Clerk shall attach to each citation issued under §128(b) the notice attached to this Order informing all persons interested in such estate of their right to object to such probate. When a party executes a waiver in lieu of citation, the waiver shall include the attached notice, or the waiver itself may contain substantially the same contents as the attached notice. Signed on the__ day of February, 2004. ____________________________________ GUY HERMAN, JUDGE PRESIDING American LegalNet, Inc. www.USCourtForms.com NOTICE OF APPLICATION TO PROBATE COPY OF LOST WILL OR CODICIL OR LOST WILL WITHOUT A COPY You are hereby notified of the filing in this estate of an application to probate a copy of a lost will or codicil, or a lost will without a copy (i.e., a written will or codicil that cannot be produced in Court). The law presumes that an original will or codicil that cannot be produced has been revoked. The applicant in this case will be offering evidence to rebut that presumption and show the Court that the instrument, of which only a copy may exist, was not revoked. As an heir or devisee of the Decedent, your rights to inherit property may be affected by the probate of a copy of a lost will, or the probate of a lost will without a copy. You may object to the probate of a copy of the will or codicil, or the probate of a lost will without a copy, only by filing an objection with the Clerk. The citation from the Clerk, if attached to this notice, indicates the date by which you must file any such written objection. If you are signing a waiver of citation, you are indicating to the Court that you have no objection to the probate of the lost will or codicil. You should consult an attorney if you have any questions about your rights in this probate matter. American LegalNet, Inc. www.USCourtForms.com
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