2.  First Monday after at least 10 days from the date the citation was served.  PC § 33(g)  EC § 51.104

3.  All applicants must prove these things.  Often in form of affidavit by applicant or applicant’s attorney.  PC § 88(a)  EC § 251.151 (testacy)  EC § 301.151 (intestacy)

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

5.  2. 4 years have not elapsed between:  Date of death  Date of application

6.  3. Court has jurisdiction and venue.

7.  4. Proper citation.

8.  4. Personal representative is qualified under PC § 77; EC § 304.001:  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

9.  4. Personal representative is qualified under PC § 77; EC § 304.001:  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.

10.  5. Personal representative is not disqualified under PC § 78; EC § 304.003:  Minor  Incompetent  Convicted felon  Non-Texas resident without resident agent  Unauthorized corporation  Not deemed unsuitable by court

11.  5. Personal representative is not disqualified under PC § 78; EC § 304.003:  In re Estate of Robinson – p. 83

12.  1. Requirements of Valid Will ▪ PC § 84(a) ▪ EC § 256.152  If will self-proved, no additional proof needed of formality compliance.

13.  1. Requirements of Valid Will – What? ▪ PC § 84(a) ▪ EC § 256.152  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

14.  1. Requirements of Valid Will – Attested – How? ▪ PC § 84(b) ▪ EC § 256.153  Sworn testimony or affidavit of one or more of the attesting witnesses.  Special procedures if witnesses unable to attend or are dead.

15.  1. Requirements of Valid Will – Holographic – How? ▪ PC § 84(c) ▪ EC § 256.154  Two witnesses to testator’s handwriting.

16.  1. Requirements of Valid Will – Lost Will – How? ▪ PC § 85 ▪ EC § 256.154  1. Same testimony as for produced will.

17.  1. Requirements of Valid Will – Lost Will – How? ▪ PC § 85 ▪ EC § 256.154  2. Cause of non-production.

18.  1. Requirements of Valid Will – Lost Will – How? ▪ PC § 85 ▪ EC § 256.154  3. Cause satisfies court that original cannot be found by reasonable diligence.

19.  1. Requirements of Valid Will – Lost Will – How? ▪ PC § 85 ▪ EC § 256.154  4. Contents substantially proved by testimony of a credible witness who: ▪ Read the will, ▪ Heard the will read, or ▪ Can identify a copy.

20.  1. Requirements of Valid Will – Lost Will – How? ▪ PC § 85 ▪ EC § 256.154  In re Estate of Catlin, 311 S.W.3d 697 (Tex. App.— Amarillo 2010, pet. denied).

21.  2. Will has not been revoked. ▪ PC § 84(a) ▪ EC § 256.152  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

22.  2. Will has not been revoked. ▪ PC § 84(a) ▪ EC § 256.152  Presumption of revocation ▪ Mingo v. Mingo – p. 96 ▪ Presumed revoked if cannot produce original.

23.  3. Person to whom letters are to be issued is the named executor. ▪ PC § 88(c) ▪ EC § 301.152

24.  A necessity exists for an administration ▪ PC § 88(d) ▪ EC § 301.153  Existence of two or more debts so need to determine priority

25.  A necessity exists for an administration ▪ PC § 88(d) ▪ EC § 301.153  Existence of two or more debts so need to determine priority  Partition of estate needed as more than one heir

26.  A necessity exists for an administration ▪ PC § 88(d) ▪ EC § 301.153  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

27.  If no necessity exists for an administration, those holding estate property may directly pay heirs. ▪ PC § 180 ▪ EC § 301.153(c)