Citation/Notice Text :

PR-4673 IN THE MATTER OF THE ESTATE OF LIZZY PEARL CALDWELL, DECEASED IN THE COUNTY COURT AT LAW #2, WISE COUNTY, TEXAS CITATION BY PUBLICATION APPLICATION FOR PROBATE OF WILL AS MUNIMENT OF TITLE MORE THAN FOUR YEARS AFTER TESTATOR’S DEATH THE STATE OF TEXAS To all persons interested in the ESTATE OF LIZZY PEARL CALDWELL, DECEASED. Billy John Fowler, on the above-numbered and entitled case filed an Application to Probate a Will After Four Years After the Testator’s Death on the estate on this the 8th day of October, 2020, requesting that the Court admit to probate said will of Lizzy Pearl Caldwell, Deceased. This application may be acted on by the Court at any call of the docket on or after 10:00am on the first Monday following the expiration of ten days from date of publication of this citation. All persons interested in this case are cited to appear before this Honorable Court by filing a written contest or answer to this Application should they desire to do so. To ensure its consideration, you or your attorney must file any objection, intervention, or response in writing with the County Clerk of Wise County, Texas on or before the above-noted date and time. Given under my hand and seal of said Court of office in Decatur, Texas, on this the 8th day of October, 2020. SHERRY LEMON COUNTY CLERK, WISE COUNTY 200 N TRINITY/RECORDS BUILDING P.O. BOX 359 DECATUR, TX 76234 BY:_____/S/ MISTY SCHWARTZ__________ MISTY SCHWARTZ, DEPUTY SEE ATTACHED NOTICE NOTICE OF APPLICATION TO PROBATE A WILL MORE THAN FOUR YEARS AFTER THE DECEDENT’S DEATH You are notified of the filing in this Decedent’s estate of an application to probate a will or codicil (“will”) more than four years after the Decedent died. You must understand the following: 1) The testator’s property will pass to the testator’s heirs if the will is not admitted to probate. (Or if this will is not admitted to probate, but another will of Decedent was previously admitted to probate, Decedent’s property will pass to the beneficiaries in that previously probated will.) 2) The person offering the testator’s will for probate may not be in default for failing to present the will for probate during the four-year period immediately following the testator’s death. Therefore, the Court will not grant the application in this case unless the applicant offers sufficient evidence to prove that he was not in default for failing to probate the will within four years of Decedent’s death. As an heir of the Decedent – or as beneficiary in Decedent’s previously probated will – your rights to inherit property may be affected by the probate of a will more than four years after the Decedent’s death. If you want to object to the probate of the will more than four years after the Decedent’s death, you will need to file a written objection with the Clerk. The Clerk’s citation, which is attached to this notice, indicates the date by which you should file a written objection. Note that the citation does not indicate a specific hearing date. If you sign an affidavit waiving citation, you are indicating to the Court that you do not object to the probate of the will that has been filed by the applicant more than four years after the Decedent died. You should consult an attorney if you have any questions about your rights in this probate matter.