Vernon's Texas Rules Annotated - VTRA TX R ARANSAS CTY Exh. A Exhibit A. Administrative Order Regarding Notice Requirements for an Application to Probate a Copy of a Lost Will or Lost Will Without a Copy

SECOND AMENDED ADMINISTRATIVE ORDER REGARDING NOTICE REQUIREMENTS FOR AN APPLICATION TO PROBATE A COPY OF A LOST WILL OR A LOST WILL WITHOUT A COPY

In January 2005, this Court found there was a need for an administrative order regarding notice to interested parties when an application is filed to probate a copy of a lost will or codicil, or to probate a lost will or codicil without a copy (hereafter “lost will”). It has come to the Court's attention that the 2005 Administrative Order requires amendment to protect all parties interested in an estate.

The Court finds as follows:

You are notified that an application has been filed in this Decedent's estate to probate a written will or codicil even though the applicant cannot produce the original will. The Application filed in this estate seeks either to probate a copy of a lost will or codicil or to probate a lost will or codicil without a copy (all referred to below as “lost will”).

When an original will cannot be produced, the law presumes that the testator (the person who wrote the will) revoked the will before the testator's death. The Court will not grant the application in this case unless the applicant offers sufficient evidence to rebut the presumption and proved to the Court that the will was not revoked, even though only a copy has been filed.

If no will is admitted to probate, Decedent's property will pass to Decedent's heirs. If a lost codicil to a valid original will is not admitted to probate, Decedent's property will pass to the devisees (beneficiaries) names in the valid will. Therefore, your rights to inherit property may be affected by the probate of the lost will either (1) as an heir of the Decedent, or (2) as someone who is named as a devisee in the Lost will, or (3) as a devisee in a valid will when there is a lost codicil to that will.

If you want to object to the probate of the lost will, you must file a written objection with the Clerk. The Clerk's citation, which is attached to this notice, indicates the date by which you should file a written objection. Note that the citation does not indicate a specific hearing date.

If you sign an affidavit waiving citation, you are indicating to the Court that you do not object to the probate of the lost will.

You should consult an attorney if you have any questions about your rights in this probate matter.

NO.

STATE OF TEXAS

COUNTY OF ARANSAS

I, __________, am an heir or devisee (beneficiary) of __________, the “Decedent” in this case.

I have been given (1) a copy of the Application to Probate Copy of Lost Will or Codicil or Lost Will or Codicil Without a Copy that has been filed in this case and (2) a copy of the lost will dated [insert date of will] that the applicant is seeking to have probated.

I understand that in this case, an application has been filed in Decedent's estate to probate a written will even though the applicant cannot produce the original will.

I understand that when an original will cannot be produced, the law presumes the testator (the person who wrote the will) revoked the will before the testator's death.

I understand that the Court will not grant the application to probate the lost will in this case unless the applicant offers enough evidence to rebut that presumption and prove to the Court that the will was not revoked even though only a copy of the will may exist.

I understand that as one of the Decedent's heirs, or as one of the people who is named as a devisee (beneficiary) in the lost will, my rights to inherit property may be affected if the lost will is probated. If no will is admitted to probate, Decedent's property will pass to Decedent's heirs.

Although I understand I have a right to object to the probate of a lost will, with or without a copy, I do not object to the probate of the lost will.

I know that the person who sent me this affidavit (along with a copy of the Application and the will) is the applicant's attorney. I know the Applicant's attorney does not represent me in this matter. I am aware that before I sign this Affidavit Waiving Citation, I may consult my own attorney to advise me regarding this estate or the affidavit.

By signing this Affidavit Waiving Citation, I enter my appearance in this case for all purposes and I waive the issuance and service of process. I agree that the case may be considered by the Court without further notice to me.

I have signed this affidavit voluntarily, without fraud, duress, or threat by any person.

Signed and sworn to on __________, 20___.

Signed and sworn to under oath before me on __________, 20 __________.