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Qualification of Qualification of

Qualification of - PowerPoint Presentation

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Uploaded On 2016-08-10

Qualification of - PPT Presentation

Personal Representative 1 Oath of Office Statute provides the PRs oath PC 190 EC 305051 executor EC 305052 administrator EC 305053 temporary administrator 1 Oath of Office ID: 440263

305 bond office oath bond 305 oath office court 101 exceptions requirement executor testator order 054 waives day date

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Presentation Transcript

Slide1

Qualification of

Personal RepresentativeSlide2

1. Oath of Office

Statute provides the PR’s oath

PC § 190

EC § 305.051 (executor)

EC § 305.052 (administrator)

EC § 305.053 (temporary administrator)Slide3

1. Oath of Office

Oath of Executor:

I do solemnly swear that the writing which has been offered for probate is the last will of _______, so far as I know or believe, and that I will well and truly perform all the duties of executor of said will of the estate of said ________.Slide4

1. Oath of Office

Who administers?

Judge

Notary

PC § 190

EC §

305.054Slide5

1. Oath of Office

When done?

Before the 21

st

day after the date the order granted

PC §

192

EC §

305.003Slide6

1. Oath of Office

Filing

With the clerk of the court granting letters

PC §

190

EC

§ 305.054Slide7

2. BondSlide8

2. Bond

Presumption = required

PC § 194

EC

§ 305.101

Purpose of bond is to protect heirs, beneficiaries, and creditors from evil PR.Slide9

2. Bond

Exceptions to requirement of bond

1.

Testator waives in will

PC § 195

EC

§ 305.101

Should the testator waive bond?

Yes: ______________________________

No: ______________________________

Court may require bond even it testator waived it.Slide10

2. Bond

Exceptions to requirement of bond

2

.

Corporate Fiduciary

PC § 195

EC

§ 305.101

Why is bond automatically waived for corporate fiduciary?Slide11

2. Bond

Exceptions to requirement of bond

3.

Court waives in an independent administration

PC § 145(p)

EC

§ 401.005

Whether to grant a waiver application is in court’s discretion.Slide12

2. Bond

When done?

Before the 21

st

day after the date the order

granted [same as for oath]

PC § 192EC § 305.003Slide13

2. Bond

Filing

With the clerk of the court granting letters

PC §

197

EC §

305.109