Texas Estates Code 452.002 – Application for Appointment
(a) A person may file with the court clerk a written application for the appointment of a temporary administrator of a decedent‘s estate under this subchapter.
(b) The application must:
(1) be verified;
(2) include the information required by:
(A) Sections 256.052, 256.053, and 256.054, if the decedent died testate; or
(B) § 301.052, if the decedent died intestate; and
(3) include an affidavit that:
(A) states the name, address, and interest of the applicant;
(B) states the facts showing an immediate necessity for the appointment of a temporary administrator;
(C) lists the requested powers and duties of the temporary administrator;
(D) states that the applicant is entitled to letters of temporary administration and is not disqualified by law from serving as a temporary administrator; and
(E) describes the property that the applicant believes to be in the decedent’s estate.
Terms Used In Texas Estates Code 452.002
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Decedent: A deceased person.
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Intestate: Dying without leaving a will.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Property: means real and personal property. See Texas Government Code 311.005
- Testate: To die leaving a will.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005