2.  1. Express language in the will ▪ PC § 145(b) ▪ EC § 401.001 ▪ In re Dulin’s Estate – p. 193 ▪ Questions 1-2 – p. 196 ▪ Relevance of mere bond waiver

3.  2. By agreement of all will beneficiaries ▪ PC § 145(c) ▪ EC § 401.002  3. By agreement of all heirs ▪ PC § 145(e) ▪ EC § 401.003

4.  Obtaining agreement of distributees ▪ PC § 145 ▪ EC § 401.004  Examples: ▪ Minor = guardian of the person ▪ Testamentary trust = current income beneficiaries ▪ Life estate = life tenant

5.  Testator may prohibit independent administration ▪ PC § 145 ▪ EC § 401.001(b)

6.  Court may waive bond  Even if will did not provide for bond waiver  Even if decedent died intestate ▪ PC § 145(p) ▪ EC § 401.005

8.  1. Act as a fiduciary and in good faith.

9.  2. File inventory, appraisement, and list of claims (or affidavit in lieu thereof) within 90 days of qualification.

10.  3. Set aside homestead, allowances, and exempt property  PC § 146  EC § 403.001

11.  4. Creditors ▪ PC § 146 ▪ EC Chapter 403, subchapter B  Give notices as in dependent administration  Creditors have basically the same rights and duties  Classify and pay claims as in a dependent administration  Problems 1-3 (p. 199)

12.  5. Selling estate property ▪ PC § 145C ▪ EC § 402.052  Even without power of sale clause in a will, PR may sell estate property in the same situations that a dependent PR could sell.  PR can also get court to grant a power of sale with consent of distributees if: ▪ No will provision ▪ Intestacy

13.  6. Accounting  Annual accounts are not needed.  Interested person may demand after 15 months ▪ PC § 149A ▪ EC § 404.001

14.  7. Accounting & Distribution  Interested person may petition court after two years ▪ PC § 149B ▪ EC § 405.001

15.  Authority ▪ PC § 149C ▪ EC § 404.003  Who requests?  Any interested person  Court on its own motion  Notice by personal service is required

16.  Grounds  Basically, same as for removal of dependent PR  In re Estate of Miller (p. 201)  Kappus v. Kappus (Tex. Sup. Ct.) ▪ Legislative reaction

18.  No requirement that estate be closed.  Should PR close the estate? ▪ Reasons yes ▪ Reasons no

19.  1. By Affidavit – The closing report ▪ PC § 151 ▪ EC § 405.005  When ▪ All debts paid (or paid as much as possible), and ▪ Residue (if any) given to heirs and beneficiaries  Closing report is like a mini-accounting

20.  1. By Affidavit – The closing report  Verified by affidavit  Court takes no action  No impact on PR liability  Future claimants cannot look to ex-PR  Burke (p. 210)

21.  2. By distributee application ▪ PC § 152 ▪ EC § 405.009

22.  3. Judicial discharge ▪ PC §§ 149D-149G ▪ EC § 405.003

23.  4. By operation of law ▪ In re Estate of Teinert

24.  Partition  PR can go to court for help with partitioning estate property. ▪ PC § 150 ▪ EC § 405.008