Forms

This page contains forms available for download from this site. These forms are intended for use by licensed Texas attorneys only. Use at your own risk. They are not intended for use by members of the general public, since they may involve complex legal issues requiring an attorney's expertise. No attorney-client relationship is established. See warnings and disclaimers about using these forms.

Section 128A/Notice to Beneficiary Forms
Disability Planning Forms
Forms Related to 142 Trusts
Forms Related to 867 Trusts
Probate Forms
Small Estate Proceeding
Determination of Heirship Proceeding
Probate of Will/Appointment of Independent Executor Proceeding
Probate of Will as Muniment of Title Proceeding
Other Forms

Section 128A/Notice to Beneficiary Forms

Under the 2007 amendment to Probate Code Section 128A, personal representatives are required to give notice to beneficiaries within 60 days after a will is probated. The new requirement applies to decedent's dying on or after September 1, 2007. See the 2007 Texas Legislative Update for more information. Here are Glenn Karisch's forms for use in connection with that section:

• Notice to Beneficiaries in pdf, MS Word and Wordperfect formats.
• Waiver of Notice in pdf, MS Word and Wordperfect formats.
• Receipt and Waiver of Notice in pdf, MS Word and Wordperfect formats. (For use in cases where the personal representative can distribute a specific gift to the beneficiary within 60 days of probating the will. The form serves as a receipt and a waiver of the Section 128A notice requirement.)
• Affidavit of Compliance in pdf, MS Word and Wordperfect formats.

Disability Planning Forms

Statutory Durable Power of Attorney -- This is the form promulgated by the Texas Legislature for designating an agent empowered to take certain actions regarding your property. The statutory basis of this form is Texas Probate Code §490.  This form is available in Word or WordPerfect.
Statutory Durable Power of Attorney with Informational Disclosure as modified by Glenn M. Karisch  -- This is not the basic statutory form.  Rather, it contains an informational disclosure and changes to the statutory form developed by Glenn M. Karisch of Barnes & Karisch, P. C.  Use at your own risk.  This form is available in Word and WordPerfect.
Medical Power of Attorney with Required Disclosure Statement -- This is the form promulgated by the Texas Legislature for designating an agent to make medical decisions for you.  The statutory basis of this form is Texas Health and Safety Code §§166.163 and 166.164.  This form is available in Word or WordPerfect.
Directive to Physicians and Family or Surrogates -- This is the form promulgated by the Texas Legislature for indicating your wishes in the event you are diagnosed with a terminal or irreversible condition.  The statutory basis of this form is Texas Health and Safety Code §166.033.  This form is available in Word or WordPerfect.
Declaration of Guardian in the Event of Later Incapacity or Need of Guardian -- This is the form promulgated by the Texas Legislature for designating who you want to be your guardian (not guardian of your minor children -- another form is used for that) if you later become incapacitated.   The statutory basis of this form is Texas Probate Code §679.  This form is  available in Word or WordPerfect.
Declaration of Appointment of Guardian for My Children in the Event of My Death or Incapacity -- This is the form promulgated by the Texas Legislature for designating who you want to be guardian of your minor child or your adult incapacitated child should you later die or become incapacitated.  The statutory basis of this form is Texas Probate Code §677A.  This form is available in Word or WordPerfect.
Declaration for Mental Health Treatment -- This is the form promulgated by the Texas Legislature for expressing your wishes regarding the giving or withholding of certain mental health treatments.  Note:  This form can be used in only limited circumstances.  Consult an attorney.  The statutory basis of this form is Texas Civil Practices and Remedies Code §137.011.  This form is available in Word or WordPerfect.

Forms Related to 142 Trusts

(For information regarding these forms, see Glenn M. Karisch's "Court-Created Trusts in Texas" paper)

Caution: Section 142.005 was amended in 2007. These forms do not reflect those changes.

• Application to Create Trust Under Section 142.005 of the Texas Property Code form (in WordPerfect format)

• Trustee's Application for Approval of Compensation form (in WordPerfect format)

• Order Approving Trustee's Compensation form (in WordPerfect format)

• Order Creating Trust Under Section 142.005 of the Texas Property Code form (in WordPerfect format)

• Court-Created Trust form (Tex. Prop. Code Sec. 142.005 Trust) (in WordPerfect format)

• Application to Modify [142] Trust Regarding 1997 Legislation form (in WordPerfect format)

• Order Modifying [142] Trust Regarding 1997 Legislation form (in WordPerfect format)

Forms Related to 867 Trusts

(For information regarding these forms, see Glenn M. Karisch's "Court-Created Trusts" paper)

• Application for Guardianship and/or Guardianship Management Trust form (for use by party other than attorney ad litem when no guardianship exists) (in WordPerfect format)

• Attorney Ad Litem's Application for Creation of Guardianship Management Trust form (for use by attorney ad litem when no guardianship exists) (in WordPerfect format)

• Order Creating Guardianship Management Trust form (for use when no guardianship exists) (in WordPerfect format)

• Application for Creation of Guardianship Management Trust form (for use by the guardian or attorney ad litem when a guardianship already exists) (in WordPerfect format)

• Order Creating Guardianship Management Trust form (for use when a guardianship already exists) (in WordPerfect format)

• Guardianship Management Trust form (Tex. Prob. Code Sec. 867) (in WordPerfect format)

Probate Forms

Small Estate Proceeding

• Small Estate Affidavit and Order (in WordPerfect format)

Determination of Heirship Proceeding

• Application of Determination of Heirship and For Letters of Administration (in Wordperfect format)

• Original Answer of Attorney Ad Litem (Heirship Proceeding) (in WordPerfect format)

• Proof of Death and Other Facts (Heirship Proceeding) (in WordPerfect format)

• Affidavit of Heirship (Heirship Proceeding) (in WordPerfect format)

• Order Declaring Heirship, Granting Administration and Appointing an Administrator (in WordPerfect format)

• Oath (Heirship/Dependent Administration) (in WordPerfect format)

Probate of Will/Appointment of Independent Executor Proceeding

• Application for Probate of Will and Issuance of Letters Testamentary (in WordPerfect format)

• Proof of Death and Other Facts (Probate Proceeding) (in WordPerfect format)

• Order Admitting Will to Probate and Authorizing Letters Testamentary (in WordPerfect format)

• Oath (Independent Executor) (in WordPerfect format)

Probate of Will as Muniment of Title Proceeding

• Application for Probate of Will as Muniment of Title (in WordPerfect format)

• Proof of Death and Other Facts (Muniment Proceeding) (in WordPerfect format)

• Order Admitting Will to Probate as a Muniment of Title (in WordPerfect format)

Other Forms

• Estate Planning Information -- Clients can use this form to gather information to give to the estate planning attorney at the initial consultation (in Word format).

• My Personal Records -- Clients can use this form to list their personal information to assist their executors, agents and loved ones in the event of death or incapacity (in Word format).

• Click here to download a WordPerfect file containing Bill Pargaman's form for judicially modifying a NIMCRUT into a standard unitrust, which in turn was derived from materials from the Kaspick and Company website (http://www.kaspick.com/).    Thanks go to Bill Pargaman,   Brown McCarroll & Oaks Hartline, L.L.P., Austin, Texas, a subscriber and regular contributor to the Texas Probate email mailing list.  Click here to download a zipped file containing the WordPerfect file.

•  The new statutory Affidavit of Facts Concerning Identity of Heirs (a/k/a "Affidavit of Heirship") form adopted by the Texas Legislature in 1999 (Tex. Prob. Code Sec. 52A) >>> Click here to download in WordPerfect format; click here to download zipped file of document in WordPerfect format

• Modifying Existing Guardianships for 1997 Legislative Changes (including application and order forms) >>> Click here to download in WordPerfect format)

• Supplemental Needs Trust form (this is not a court-created trust, but a trust created by a third party for the benefit of a possible Medicaid recipient -- see Glenn M. Karisch's "Court-Created Trusts" paper for more information) (in WordPerfect format)

• Engagement Letter form (for use for estate planning for married couple) >>> (Click here to download in WordPerfect format)

• Transmittal Letter form (for sending drafts of estate planning documents to married couple) >>> (Click here to download in WordPerfect format)

• Cover Letter form (for sending executed original documents to married couple) >>> (Click here to download in WordPerfect format)