 First Monday after at least 10 days from the date the citation was served.  PC § 33(g)  EC §

 All applicants must prove these things.  Often in form of affidavit by applicant or applicant’s attorney.  PC § 88(a)  EC § (testacy)  EC § (intestacy)

 1. Person is dead  Death certificate  Circumstantial evidence ▪ PC § 72 ▪ EC Chapter 454

 2. 4 years have not elapsed between:  Date of death  Date of application

 3. Court has jurisdiction and venue.

 4. Proper citation.

 4. Personal representative is qualified under PC § 77; EC § :  Person named, if will.  Spouse  Principal heir or beneficiary  Any heir or beneficiary  Next of kin  Creditor  Person of good character  Anyone else not disqualified

 4. Personal representative is qualified under PC § 77; EC § :  If several individuals are equally entitled (e.g., four children of intestate widow), court may either: ▪ Appoint the one person court thinks most likely to do the best job, or ▪ Appoint jointly.

 5. Personal representative is not disqualified under PC § 78; EC § :  Minor  Incompetent  Convicted felon  Non-Texas resident without resident agent  Unauthorized corporation  Not deemed unsuitable by court

 5. Personal representative is not disqualified under PC § 78; EC § :  In re Estate of Robinson – p. 83

 1. Requirements of Valid Will ▪ PC § 84(a) ▪ EC §  If will self-proved, no additional proof needed of formality compliance.

 1. Requirements of Valid Will – What? ▪ PC § 84(a) ▪ EC §  If will not self-proved, need proof that: ▪ Testator had legal capacity at time of will execution ▪ Testator had testamentary capacity at time of will execution ▪ The will complies with all formalities

 1. Requirements of Valid Will – Attested – How? ▪ PC § 84(b) ▪ EC §  Sworn testimony or affidavit of one or more of the attesting witnesses.  Special procedures if witnesses unable to attend or are dead.

 1. Requirements of Valid Will – Holographic – How? ▪ PC § 84(c) ▪ EC §  Two witnesses to testator’s handwriting.

 1. Requirements of Valid Will – Lost Will – How? ▪ PC § 85 ▪ EC §  1. Same testimony as for produced will.

 1. Requirements of Valid Will – Lost Will – How? ▪ PC § 85 ▪ EC §  2. Cause of non-production.

 1. Requirements of Valid Will – Lost Will – How? ▪ PC § 85 ▪ EC §  3. Cause satisfies court that original cannot be found by reasonable diligence.

 1. Requirements of Valid Will – Lost Will – How? ▪ PC § 85 ▪ EC §  4. Contents substantially proved by testimony of a credible witness who: ▪ Read the will, ▪ Heard the will read, or ▪ Can identify a copy.

 1. Requirements of Valid Will – Lost Will – How? ▪ PC § 85 ▪ EC §  In re Estate of Catlin, 311 S.W.3d 697 (Tex. App.— Amarillo 2010, pet. denied).

 2. Will has not been revoked. ▪ PC § 84(a) ▪ EC §  Presumption of non-revocation ▪ Ashley v. Usher – p. 93 ▪ Source of will “normal”  Person to whom testator delivered it, or  Among testator’s valuable papers ▪ No suspicious circumstances

 2. Will has not been revoked. ▪ PC § 84(a) ▪ EC §  Presumption of revocation ▪ Mingo v. Mingo – p. 96 ▪ Presumed revoked if cannot produce original.

 3. Person to whom letters are to be issued is the named executor. ▪ PC § 88(c) ▪ EC §

 A necessity exists for an administration ▪ PC § 88(d) ▪ EC §  Existence of two or more debts so need to determine priority

 A necessity exists for an administration ▪ PC § 88(d) ▪ EC §  Existence of two or more debts so need to determine priority  Partition of estate needed as more than one heir

 A necessity exists for an administration ▪ PC § 88(d) ▪ EC §  Existence of two or more debts so need to determine priority  Partition of estate needed as more than one heir  Administration needed to recover estate property

 If no necessity exists for an administration, those holding estate property may directly pay heirs. ▪ PC § 180 ▪ EC § (c)