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Wills and Estates Flashcards

7 cards from real TX BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. H executes a valid will and later writes 'VOID' across every page and signs his name. Under Texas Estates Code §253.002, this act:

    Answer: Effectively revokes the will by cancellation

    Texas Estates Code §253.002 permits revocation by cancellation, so writing 'VOID' and signing constitutes a valid revocation.

  2. T revokes Will #1 by executing Will #2. T then revokes Will #2 by destroying it. Under Texas law, Will #1 is:

    Answer: Not revived unless T re-executes it or a codicil expressly refers to it

    Texas follows the no-automatic-revival rule; destroying the second will does not restore the first will without re-execution or express revival language.

  3. Which statement best describes independent administration in Texas?

    Answer: After qualifying, the executor manages estate assets without ongoing court supervision

    Independent administration allows the executor to act without court approval for most transactions after the initial inventory and appraisement, making it more efficient than dependent administration.

  4. T bequeaths 'my red Toyota Camry' to A. Before T's death, T sells the Camry and spends the proceeds. Under Texas ademption rules, A receives:

    Answer: Nothing, because the specific bequest has adeemed by extinction

    Under the identity theory, a specific bequest of property that no longer exists in the estate at death adeems, and the beneficiary receives nothing.

  5. Under Texas Estates Code §352.001, an executor's statutory commission may not exceed what percentage of the gross fair market value of assets subject to administration?

    Answer: 5%

    Texas law caps the executor's statutory commission at 5% of the gross fair market value of assets subject to administration.

  6. Under Texas Estates Code §256.003, a will must generally be filed for probate within how many years of the testator's death?

    Answer: 4 years

    Texas requires a will to be filed for probate within four years of the testator's death unless the proponent was not in default.

  7. Under Texas law, muniment of title is an appropriate probate procedure when:

    Answer: The decedent left no unpaid debts and the only need is to clear title to property

    Muniment of title is used when there are no unpaid debts and the sole purpose is to pass title; it is simpler than full probate administration.