In re Hudson, 325 S.W.3d 811 (Tex. App.—Dallas 2010, no pet.).
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.