TX Bar Wills and Estates 3 — Questions and Answers
Question 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:
- Effectively revokes the will by cancellation (Correct answer)
- Does not revoke the will because only physical destruction is effective
- Revokes the will only if done in front of two witnesses
- Creates a codicil that supersedes prior provisions
Correct 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.
Question 2: T revokes Will #1 by executing Will #2. T then revokes Will #2 by destroying it. Under Texas law, Will #1 is:
- Automatically revived because Will #2 was the revoking instrument
- Not revived unless T re-executes it or a codicil expressly refers to it (Correct answer)
- Revived if T makes a written statement of intent to revive it
- Permanently revoked once superseded by any subsequent will
Correct 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.
Question 3: Which statement best describes independent administration in Texas?
- The executor must obtain court approval for every significant transaction
- After qualifying, the executor manages estate assets without ongoing court supervision (Correct answer)
- A bond equal to the estate value is required for all independent executors
- Only attorneys licensed in Texas may serve as independent executors
Correct 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.
Question 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:
- The sale proceeds if they remain traceable in the estate
- Nothing, because the specific bequest has adeemed by extinction (Correct answer)
- The fair market value of the car paid from the residuary estate
- A substitute vehicle of equivalent value from the estate
Correct 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.
Question 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?
- 2%
- 5% (Correct answer)
- 8%
- 10%
Correct answer: 5%
Texas law caps the executor's statutory commission at 5% of the gross fair market value of assets subject to administration.
Question 6: Under Texas Estates Code §256.003, a will must generally be filed for probate within how many years of the testator's death?
- 1 year
- 2 years
- 4 years (Correct answer)
- 7 years
Correct 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.
Question 7: Under Texas law, muniment of title is an appropriate probate procedure when:
- The estate has significant debts that must be paid before distribution
- The decedent left no unpaid debts and the only need is to clear title to property (Correct answer)
- The executor has died before completing administration
- The estate includes real and personal property exceeding $75,000
Correct 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.
TX Bar Wills and Estates 3
H executes a valid will and later writes 'VOID' across every page and signs his name.
Under Texas Estates Code §253.002, this act: