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

Estate Administration



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.