Bexar County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Small estate affidavit

For each liability, provide its amount as precisely as possible, enough detail to identify the creditor, and at least the last four digits of any known account number.

Indicate the amount of each liability as precisely as possible, describing the debt or other liability with sufficient detail so that it is clear who the creditor is. Also indicate at least the last four digits of any known account numbers.

CRITICALCivil cases

Applies to

Inventory or affidavit

You, your attorney, and any co-administrator must sign the inventory or affidavit, and the attorney’s signature block must include the attorney’s State Bar number and email address.

You, your attorney, and any co-administrator must all sign the inventory or the affidavit, and the attorney must include a signature block with his or her State Bar number and email address.

CRITICALCivil cases

Applies to

Small estate affidavit

Must include

proposed order

Applicants must submit the prescribed proposed form and order in substantial compliance with the attached form, with every blank accurately completed.

IT IS, THEREFORE, ORDERED that effective for all small estate affidavits filed on or after September 1, 2019, all applicants who submit a Small Estate Affidavit for consideration by the Bexar County Probate Courts shall submit the proposed form and order in substantial compliance with the form of order attached to this Administrative Order No. 2019-02, and available on the Probate Court web site with all blanks filled in with accurate and appropriate information.

CRITICALCivil cases

Applies to

Affidavit of notice

An affidavit of notice must be provided.

Affidavit of Notice. §1051.104

CRITICALCivil cases

Applies to

Bond

Any required bond must be executed by an authorized corporate surety and be in the amount specified in the appointment order.

Your bond, if required, will have to be executed by an authorized corporate surety, and the amount of the bond will be that specified in the order making the appointment.

CRITICALCivil cases

Applies to

Sworn application

The sworn application must state why alternatives to guardianship are not feasible.

State facts as to why any alternatives are not feasible to avoid guardianship (e.g. there is a power of attorney in place, but Proposed Ward refuses to permit agent to serve).

CRITICALCivil cases

Applies to

Distributee signature page

Every signature page for every distributee must include the specified sworn statements, prayer for approval and certified copies, and statutory liability acknowledgment.

*** Every signature page for every distributee must include the box below: We, as Distributees of the Decedent and as indicated by our signatures below, do solemnly swear or affirm the following: • the foregoing Affidavit was completed by persons who have actual knowledge of the stated facts; • all of the facts stated in the foregoing Affidavit are true and complete; and • each of us has legal capacity. We pray that this Affidavit be filed in the records of the Bexar County Clerk; that the same be approved by the Court; and that the Clerk issue certified copies of this Affidavit and the order approving it as evidence of Distributees' right to inherit the property of Decedent as described above. We understand that Estates Code §205.007(c) provides that "[e]ach person who execute[s] [this] affidavit is liable for any damage or loss to any person that arises from a payment, delivery, transfer, or issuance made in reliance on the affidavit."

CRITICALCivil cases

Applies to

Oath and bond

You are not qualified to act until you have taken and filed the oath and filed any required bond.

You are not qualified to act for this estate until you have taken and filed the oath of office and filed any required bond.

CRITICALCivil cases

Applies to

Client guidance

The attorney must provide the client with a copy of “A Guide for Muniment of Title”; the forms are on the PC2 website.

Attorney provided their client with a copy of “A Guide for Muniment of Title” (Forms are located on the PC2 Website)

CRITICAL

Applies to

Small estate affidavit

If Section K does not establish the signer’s authority for a minor, provide proof that the signer is the minor’s natural guardian or next of kin.

For a minor, if SEA Section “K” does not show why the person has the authority to sign on the minor’s behalf, provide proof the person signing for the minor is the minor’s natural guardian or next of kin.

CRITICALCivil cases

Applies to

Trustee compensation application

All future applications must include a calculation of the statutory commission under the applicable cited statutes.

IT IS FURTHER ORDERED that on all future applications, the applicant shall provide a calculation of the statutory commission pursuant to Tex. Estates Code §§ 1155.002 or 1155.003 and 1155.005, as applicable.

CRITICALCivil cases

Applies to

Affidavit in lieu of inventory

The affidavit in lieu of inventory must state that all debts are paid except secured debts, taxes, and administration expenses.

State that all debts, except for secured debts, taxes, and administration expenses, are paid.

CRITICAL

Applies to

Pleading

Must include

caption, case number

Every pleading must have a caption identifying the case number, court, and a descriptive document title.

All pleadings must include a caption that clearly identifies the case number, the court (Probate Court No. _ , and a descriptive title of the document (e.g., Application to Probate Copy of Will More than Four Years After Death").

CRITICALCivil cases

Applies to

Application

The application must state the date of death and affirmatively state that more than four years have passed since then.

Application states date of death and affirmatively states more than four years passed since date of death.

CRITICALCriminal cases

Applies to

Misdemeanor payment claim

Misdemeanor payment claims must be verified in writing.

All claims for misdemeanor payment must be verified, in writing,

CRITICALCivil cases

Applies to

Ad litem pink sheet

File the Ad Litem Pink Sheet; fees and expenses over $500 must include the specified billing affidavit and itemized timekeeping, prepared by the Attorney Ad Litem.

Ad Litem Pink Sheet filed. Ad Litem’s fees and expenses over $500 must include an attorney’s billing affidavit and itemized time keeping (ATTORNEY AD LITEM IS RESPONSIBLE)

CRITICALCivil cases

Applies to

Qualification documents

You must take and file the oath of office and file any required bond before acting as administrator.

However, you are not qualified to act for this estate until you have taken and filed the oath of office and filed any required bond.

CRITICALCivil cases

Applies to

Posted notice and return

The posted notice and its return must be on file.

Posted Notice and the return is on file.

CRITICAL

Applies to

ODL or IRL order

Attorneys must present the original ODL or IRL Order to the judge of the court where the defendant was convicted or the case is pending.

Attorneys must present their original ODL or IRL Order to the Judge of the County Court at Law in which the defendant was convicted or in which the case is pending;

CRITICALCivil cases

Applies to

Fee application

For a requested payment over $500.00 in a County-pay case, the attorney must include an invoice and affidavit.

If the pay being requested is over $500.00, the attorney must include an invoice and affidavit that will be reviewed by the auditors and approved by the Judge.

CRITICALCivil cases

Applies to

Sworn consent to independent administration

The checklist calls for sworn consent to independent administration and states that independent administration is not available if minors are involved.

Sworn Consent to Independent Administration (no independent if minors are involved)

CRITICALCivil cases

Applies to

Inventory

The inventory must list all Texas real estate and all personal property, wherever located.

The inventory must contain a list of all the real estate located within the State of Texas and a list of all personal property, regardless of where that property is located.

CRITICALCivil cases

Applies to

Small estate affidavit

The family-history section must state whether the Decedent was single or married at death and, if married, identify the spouse and marriage date.

On the date of Decedent's death, Decedent was a single person. OR On the date of Decedent's death, Decedent was married to The date they were married:

CRITICALCivil cases

Applies to

Attorney certification

The attorney must certify that the responsibilities were discussed with the client and provide a signature and State Bar of Texas number.

By my signature, I – the attorney for the person who is seeking to be appointed dependent administrator or dependent executor of this estate – certify that I have discussed with my client the responsibilities of a dependent administrator or dependent executor. Attorney: __________________________________ (signature) State Bar of Texas No. _______________________

CRITICALCivil cases

Applies to

Statement

The filing must explain why the person offering the will is not in default for probating it after four years and overcome the presumption of default.

Statement how person offering Will is not in default for probating after 4 years and why they are not in default. Must overcome presumption.

CRITICAL

Applies to

Small estate affidavit

If homestead property is being transferred, the SEA must provide facts supporting the homestead exemption, the street address, and, if possible, the legal description.

If this is the case, the SEA must include sufficient facts to support the homestead exemption and must also include the street address of the property and, if possible, the legal description.

CRITICAL

Applies to

Setting request

When requesting a hearing setting, counsel must provide a good-faith estimate of the total hearing time, including cross-examination and rebuttal.

When requesting a setting, counsel must provide a good-faith estimate of the total time required for the hearing, including cross-examination and rebuttal.

CRITICALCivil cases

Applies to

Hearing documents

At the hearing, a witness must testify about the decedent and estate and sign the Proof of Death and Other Facts and an Oath of No Debts in the clerk's presence.

At the hearing, a witness will need to testify regarding the circumstances of the decedent and estate. The witness will then sign a document called a Proof of Death and Other Facts in the presence of the Clerk of the Court and an Oath of No Debts.

CRITICALCivil cases

Applies to

Motion and order

The motion and order appointing an attorney ad litem must be provided.

Motion and Order appointing Attorney ad litem.

CRITICALCivil cases

Applies to

Inventory

An inventory must be complete and include an attached list of claims owed to the estate, but not debts the estate owes.

If you file an inventory, the inventory must be a complete inventory of the estate, with an attached list of claims owing to the estate (but not debts owed by the estate).

CRITICAL

Applies to

Small estate affidavit

For a married decedent’s assets, state facts supporting the community-or-separate classification and, for real property, include its acquisition date.

For each asset, give the facts that explain why the asset was community or separate property. For real property, indicate the date the real property was acquired, in addition to other facts.

CRITICAL

Applies to

Small estate affidavit

For a married decedent, the SEA must include facts showing why each asset is separate or community property.

 Not including facts to show why each asset of a married decedent is “separate” or “community” property.

CRITICALCivil cases

Applies to

Affidavit in lieu of inventory

An affidavit in lieu of inventory may be filed only if, when the inventory is due including extensions, no unpaid debts remain except secured debts, taxes, and administration expenses.

You may file an affidavit in lieu of an inventory instead of an inventory only if there are no unpaid debts, except for secured debts, taxes, and administration expenses, at the time the inventory is due, including any extensions.

CRITICAL

Applies to

Motion to set aside judgment nisi

A motion to set aside a judgment nisi must be submitted in writing and state the cause relied upon.

All motions to set aside judgments nisi must be presented to the Court in written form setting out the cause relied upon by the movant.

CRITICAL

Applies to

Small estate affidavit

The SEA must be completed by people with actual knowledge of all facts stated in it.

The SEA must be completed by persons who have actual knowledge of all stated facts.

CRITICAL

Applies to

Small estate affidavit

List heirs for every type of property, even if the decedent is not believed to have owned that type of property.

You must list heirs for every type of property, even if you don’t think decedent owned property of a particular type.

CRITICAL

Applies to

Small estate affidavit

Applicants must use the most recent SEA form available on the Bexar County Probate Court’s website.

1. Use the most recent Small Estate Affidavit (SEA) form on the Bexar County Probate Court’s website. The Court requires that applicants use the SEA form that is available on the Court’s website because having applicants use that form helps ensure an SEA will include all necessary information.

CRITICALCivil cases

Applies to

Sworn application

The sworn application must provide the Proposed Ward’s correct name, gender, birth date, and address.

Correct name, gender, birth date, and address of Proposed Ward.

CRITICALCivil cases

Applies to

Merp claim proof

If the decedent received Medicaid, proof that the estate is not subject to a MERP claim must be provided.

If decedent received Medicaid you must also provide proof that the estate is not subject to a MERP claim.

CRITICALCivil cases

Applies to

Small estate affidavit

List all brothers and sisters who were alive when the Decedent died, including half-siblings; write “none” if there were none and give the date of death for any now deceased.

The following are all of Decedent's brothers and sisters who were alive on the date Decedent died, including half-brothers and half-sisters who were born to either of Decedent's parents. If none, write "none." If any of the following are now deceased, indicate date of death.

CRITICAL

Applies to

Small estate affidavit

If claiming assets as exempt, identify each claimed asset in the SEA’s Section I additional-information column.

If you claim any assets are exempt, you must indicate which assets you claim as exempt in the “additional information” column in the chart in Section “I” of the SEA form.

CRITICAL

Applies to

Fiat

A Fiat submitted for a Probate Court No. 1 hearing scheduled on Zoom must include a Zoom link.

If a Probate Court No. 1 scheduled hearing will be conducted on Zoom, a fiat submitted to the Court must include a Zoom link.

CRITICALCivil cases

Applies to

Application

The application must explain why a copy is being probated and what diligence was used to locate the original Will.

Application includes a statement why probating a copy of Will and what diligence was done to locate the original Will.

CRITICALCivil cases

Applies to

Citation return

The citation must be returned.

Citation returned.

CRITICALCivil cases

Applies to

Administration application

The checklist calls for the administration application to be filed.

Application filed.

CRITICALCivil cases

Applies to

Beneficiary notice affidavit or certificate

File an affidavit or certificate with the Court confirming that notice was given or explaining why it was not given.

Within 90 days, you must file an affidavit or certificate with the Court that confirms that notice was given or explains why it was not given.

CRITICALCivil cases

Applies to

Inventory or affidavit in lieu of inventory

The required submission is a complete estate inventory or, if allowable, an affidavit in lieu of inventory.

Within 90 days after your qualification, you must submit to the Court either a complete inventory of the estate or – if allowable – an affidavit in lieu of inventory.

CRITICAL

Applies to

Small estate affidavit

If the decedent was married at death, the SEA must explain the community-or-separate classification for each asset and state when real property was acquired.

 For each asset, give the facts that explain why the asset was community or separate property. For real property, indicate the date the real property was acquired, in addition to other facts.

CRITICALCriminal cases

Applies to

Voucher

A voucher will not be accepted or processed until the case is disposed or counsel is relieved by court order.

No voucher will be accepted or processed until the case is disposed or counsel is relieved of representation by order of the court.

CRITICALCivil cases

Applies to

Affidavit of service of citation

The checklist calls for an Affidavit of Service of Citation complying with section 202.057.

Affidavit of Service of Citation in compliance with Tex. Estates Code § 202.057.