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Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 7225
Experience:  29 Years in General Practice and Estate Planning
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My frient's attorney filed a small claim affidavit on her

Customer Question

Greetings!my frient's attorney filed a small claim affidavit on her estates. but now she found a will and wants to probate her will. Her attorney said he needs to file a Bill of Review and then probate. Does anyone has a template of Bill of Review Petition that I can take a look at. Thank you!
Submitted: 1 month ago.
Category: Estate Law
Expert:  Attorney2 replied 1 month ago.

Welcome and thank you for your question.

Expert:  Attorney2 replied 1 month ago.

Yes. Please give me a few minutes to provide with a template and information.

Expert:  Attorney2 replied 1 month ago.

This is the law that applies:

"ESTATES CODE

TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY

SUBTITLE B. PROCEDURAL MATTERS

CHAPTER 55. COMPLAINTS AND CONTESTS

SUBCHAPTER A. CONTEST OF PROCEEDINGS IN PROBATE COURT SUBCHAPTER F. BILL OF REVIEWSec. 55.251. REVISION AND CORRECTION OF ORDER OR JUDGMENT IN PROBATE PROCEEDING. (a) An interested person may, by a bill of review filed in the court in which the probate proceedings were held, have an order or judgment rendered by the court revised and corrected on a showing of error in the order or judgment, as applicable.(b) A bill of review to revise and correct an order or judgment may not be filed more than two years after the date of the order or judgment, as applicable.Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by:Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.002, eff. January 1, 2014.Sec. 55.252. INJUNCTION. A process or action under a court order or judgment subject to a bill of review filed under Section 55.251 may be stayed only by writ of injunction.Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by:Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.003, eff. January 1, 2014." http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.55.htm
Expert:  Attorney2 replied 1 month ago.

A bill of review is a very detailed form. It should be prepared by an Attorney based on the particular situation. As Attorneys we create our own forms for a bill of review.

Expert:  Attorney2 replied 1 month ago.

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Expert:  Attorney2 replied 1 month ago.

Do you have any additional questions for me?