On November 08, 2023 a
Order
was filed
involving a dispute between
and
for Sec 401.001 Probate Will Independent Executor/rix
in the District Court of Galveston County.
Preview
No. PR-0084460
IN THE ESTATE OF § IN THE PROBATE COURT
§
KENNETH LEROY JOHNSON §
AKA KENNETH L. JOHNSON, § OF
§
DECEASED § GALVESTON COUNTY, TEXAS
AMENDED ORDER PROBATING WILL AND
AUTHORIZING LETTERS TESTAMENTARY
This Amended Order Probating Will and Authorizing Letters Testamentary is filed
pursuant to a Motion for Judgment Nunc Pro Tunc to correct a clerical error, specifically the
name of the qualified Independent Executrix in an Order entered December 7, 2023, entered
upon the hearing of the Application filed herein by Kimberly K. Willis aka Kimberly Karen
Willis nka Kimberly Johnson Willis on November 8, 2023, for the probate of the Will of
Kenneth Leroy Johnson, hereinafter called Decedent, and for the issuance of Letters
Testamentary.
The Court, after having heard and considered the evidence, finds as follows:
1. Legal notices of the filing of the Application have been issued and posted in the
manner and for the length of time required by law, and no one came to contest same.
2. The Will was executed on October 8, 2021 with the formalities and solemnities
and under the circumstances required by law to make it a valid Will.
3. The Will was self-proved according to law during the lifetime of the Decedent.
4. Such Will has not been revoked by Decedent.
5. Decedent died at Alvin, Galveston County, Texas on September 10, 2023.
6. This Court has jurisdiction and venue over the estate because Decedent was
domiciled in Texas and had a fixed place of residence in Galveston County, Texas at the time of
his death.
7. Four years have not elapsed since the death of Decedent or prior to the
Application.
8. A necessity exists for the administration of this estate.
9. No state, governmental agency of the state, nor charitable organization is named
by the Will as devisee.
10. Decedent's Will named Kimberly Karen Willis to serve as Independent
Executrix to act independently without bond or other security. Kimberly K. Willis aka
Kimberly Karen Willis nka Kimberly Johnson Willis has not been convicted of any felony or
otherwise disqualified by law from serving as such or from accepting Letters Testamentary and
would be entitled to such letters.
IT IS THEREFORE ORDERED AND DECREED by the Court that the Will is hereby
proved and established and admitted to probate and recorded as the WILL of Kenneth Leroy
Johnson, Deceased, and that Kimberly Karen Johnson now known as Kimberly Johnson
Willis be, and is hereby appointed Independent Executrix of the Will and Estate without bond.
IT IS FURTHER ORDERED by the Court that Letters Testamentary upon the Will and
Estate of Kenneth Leroy Johnson, Deceased, be and the same are hereby granted, that the Clerk
shall issue Letters Testamentary to Kimberly Johnson Willis, as Independent Executrix, when
qualified according to law, and that no other action shall be had in this Court other than the
return of an Inventory, Appraisement and List of Claims, or an affidavit in lieu of the Inventory,
Appraisement and List of Claims, as required by law and the notice to distributees required by
Section 308.001 et seq. of the Texas Estates Code. No interested person has filed an application
for the appointment of appraisers, and the requirement of the appointment of appraisers by the
Court is waived.
SIGNED this day of , 2023.
JUDGE PRESIDING
APPROVED AS TO FORM:
/s/Diana G. Bertini
Diana G. Bertini
Attorney for Movant / Applicant
State Bar No.: 08125610
1802 Broadway, Ste. 224
Galveston, TX 77550
Telephone: (409) 941-9000
Facsimile: (888) 788-2441
E-mail: dgbertini@galtexlaw.com
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Diana Bertini on behalf of Diana Bertini
Bar No. 8125610
dgbertini@galtexlaw.com
Envelope ID: 82748426
Filing Code Description: Motion
Filing Description: For Judgment Nunc Pro Tunc
Status as of 12/21/2023 9:06 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Diana GBertini dgbertini@galtexlaw.com 12/20/2023 10:14:52 AM SENT
Stacie DeOre office@galtexlaw.com 12/20/2023 10:14:52 AM SENT