In re Hudson, 325 S.W.3d 811 (Tex. App.—Dallas 2010, no pet. h.).
ESTATE ADMINISTRATION -- Appeal -- Admitting Will to Probate and Granting Independent Administration
Will Contestant requested a jury trial. However, the trial court heard the application without a jury and over Contestant’s objection. The court then admitted the testator’s will to probate and issued an order granting independent administration. Contestant then filed a petition for a writ of mandamus.
The appellate court denied the petition because Contestant has an adequate remedy on appeal. The court held that an order admitting a will to probate and granting an independent administration was a final order and thus appealable.
Moral: An order admitting a will to probate and granting independent administration is a final order which a dissatisfied person may appeal.
For summaries of other recent Texas cases, please follow this link: http://www.professorbeyer.com/Case_Summaries/Texas_Case_Summaries.htm.
Gerry W. Beyer
Governor Preston E. Smith Regents Professor of Law
Texas Tech University School of Law
1802 Hartford St.
Lubbock, TX 79409-0004
voice (806) 742-3990, ext. 302
fax (978) 285-7941
SSRN (articles) http://ssrn.com/author=461383