Application For Temporary Administration

NO. ____________
IN THE MATTER OF THE ESTATE OF
XXXXXX,
DECEASED
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IN THE COUNTY COURT OF

XXXXXX COUNTY, TEXAS

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW XXXXXX, hereinafter referred to as Applicant for immediate appointment of Temporary Administrator in accordance with Texas Probate Code 131A and furnishes the following information to the Court:

I.
Venue

This Court has jurisdiction and venue is proper because Decedent died on XXXXXX, and her death certificate is on file in XXXXXX County, Texas.

II.
§131A(b)(1): Identity of Applicant

Applicant, XXXXXX, State Bar # XXXXXX, is an individual licensed to practice law in the State of Texas and conducts business from his offices located at XXXXXX County, Texas.

§131A(b)(2): Facts Showing Immediate Necessity of Temporary Administration

Preceding her death, Decedent was involved in a motor vehicle accident on XXXXXX, in XXXXXX County, Texas. Pending litigation will seek recovery for personal injury damages incurred by XXXXXX in said accident.

The interest of Decedent's estate requires immediate appointment of a Temporary Administrator so that matters of pending litigation regarding the motor vehicle accident in question may be handled with due diligence.

§131A(b)(3): Requested Powers & Duties

Applicant is a neutral party to pending litigation who is requesting Temporary Administration of The Estate of XXXXXX for the sole purpose of expediting and managing certain aspects of litigation, as outlined herein. Applicant requests that his duties include accepting process of service for The Estate of XXXXXX, decedent, and approving any settlement(s) that may come from the pending litigation concerning the above-mentioned motor vehicle accident.

No temporary administration has been previously granted in this matter, however, the need for a temporary administrator is imminent for process of service so that the appropriate parties may be named in the pending suit.

§131A(b)(4): Statement of Eligibility

Applicant would be a suitable temporary representative and is not disqualified by law to serve as Temporary Administrator of the estate.

§131A(b)(4): Decedent's Real and Personal Property

Applicant is unaware of any real and/or personal property of Decedent at this time other than a policy of insurance issued by XXXXXX Insurance Company. Policy limits are currently unknown.

III.
The Temporary Administrator should serve until discharged by this Court.

WHEREFORE, Applicant requests that he be appointed Temporary Administrator of said estate, and that letters of temporary administration be issued to Applicant, and that such appointment shall be continued for such time as appears to the interest of the estate involved, or that if found necessary by the Court, shall be made permanent.

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XXXXXX, Applicant
STATE OF TEXAS
COUNTY OF XXXXXX
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I have read the foregoing Application for Temporary Administration and the information contained herein is true and correct to the best of my knowledge.

___________________________
XXXXXX

SWORN TO AND SUBSCRIBED BEFORE ME by XXXXXX, this _____ day of _______________, 2001.

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Notary Public, State of Texas