Bexar County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Small estate affidavit

For a decedent married at death, the SEA must state each distributee’s shares in separate personal property, separate real property, and the decedent’s community-property share; it cannot simply state there was no separate property.

If decedent was married at the date of death, the SEA must state the shares of each distributee in all three types of property: separate personal property, separate real property, and decedent’s share of the community property. (The surviving spouse will retain his or her own share of the community property.) It is never sufficient to say that there was no separate property or no separate real property.

CRITICALCivil cases

Applies to

Fiat

FIAT is required, please use one of the templates attached.

FIAT is required, please use one of the templates attached.

CRITICALCivil cases

Applies to

Proposed judgment declaring heirship

E-file the proposed heirship judgment before the hearing for review, separately from the Order of Administration.

Proposed Judgment declaring heirship e-filed for review prior to hearing (this should be separate from the Order of Administration.) Either have fully executed signatures or remove signature blocks.

CRITICALCivil cases

Applies to

Statement of facts

The statement of facts must be regarding heirs and come from two disinterested witnesses; their appearance is unnecessary if the statement is properly executed, e-filed, and accepted by the clerk before requesting a hearing date.

E-file statement of facts regarding heirs from 2 disinterested witnesses – witnesses do not need to appear if properly executed, e-filed, and accepted by the clerk prior to requesting hearing date.

CRITICALCivil cases

Applies to

Waiver of citation

A waiver of citation must be sworn and expressly acknowledge the right to contest probate of a copy of a Will and the waiver of that right.

Sworn Waivers of Citation with explicit acknowledgement of their right to contest the probate of a copy of a Will and they are waiving such right.

CRITICALCivil cases

Applies to

Inventory

The inventory must distinguish the estate’s separate property from its community property.

In compiling the inventory, you must distinguish between separate and community property belonging to the estate.

CRITICAL

Applies to

Application to determine heirship

If an heir’s whereabouts are unknown, the SEA procedure cannot be used and an Application to Determine Heirship must be filed.

If you do not know where to find an heir, you can’t use the Small Estate Affidavit probate procedure and must file an Application to Determine Heirship.

CRITICALCivil cases

Applies to

Small estate affidavit

A copy of the decedent’s death certificate must be filed in the same cause when the affidavit is filed.

A copy of Decedent's death certificate will be filed in this cause number at the time this Affidavit is filed.

CRITICAL

Applies to

Pro se contact information

Pro se parties must provide the Clerk with current addresses, telephone numbers, and email addresses for receiving pleadings and notices.

Pro Se parties must provide the Clerk with current addresses, telephone numbers and email addresses for purposes of receiving pleadings and other notices.

CRITICALCivil cases

Applies to

Citation

The Clerk must issue citation to interested parties, including qualifying devisees and heirs-at-law.

Citation issued by the Clerk to all parties interested in the estate (devisees under the Will and heirs- at-law as if died intestate and if residents of state and addresses known).

CRITICAL

Applies to

Small estate affidavit

Any assets claimed as exempt must be identified as exempt in the additional-information column of Section I.

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.

CRITICALCivil cases

Applies to

Small estate affidavit chart

Everyone must complete the following chart.

EVERYONE MUST FILL OUT THE FOLLOWING CHART.

CRITICALCivil cases

Applies to

Filing

The document title must include “Notice to Beneficiaries” and identify any other material included in the document.

the title of the document must include both “Notice to Beneficiaries” as well as a reference to whatever else you have included in the same document.

CRITICAL

Applies to

Small estate affidavit

Section L must state each distributee’s shares for every possible property type, and every SEA must complete both separate-property columns and, if the decedent was married, the community-property column.

In Section “L” of the Court’s approved SEA form, you must list the shares of each distributee in every possible type of property. In every SEA, fill out both “separate property” columns, even if you did not list any real property. If decedent was married when he or she died, you must also fill out the “community property” column.

CRITICAL

Applies to

Probate application

A death certificate must be filed with every probate application, including an SEA.

2. Death Certificate. The Bexar County Probate Court requires a death certificate to be filed with all probate applications, including SEAs.

CRITICALCriminal cases

Applies to

Misdemeanor payment claim

The attorney must elect the payment appropriate to the case disposition and add-ons performed.

An attorney is to elect the appropriate payment for the given disposition of the case and all add-ons I)erformed.

CRITICALCivil cases

Applies to

Supplemental inventory

If additional property is discovered while the estate is pending, file a supplemental inventory reflecting the new assets.

If at any time during the pendency of this estate you discover additional property, you must file a supplemental inventory reflecting the newly acquired assets.

CRITICALCivil cases

Applies to

Fee application

Somewhere in the application, indicate the hourly rate for each attorney or paralegal/legal assistant whose services are being billed.

Somewhere in the application, indicate the hourly rate for each attorney or paralegal/legal assistant whose services are being billed.

CRITICALCivil cases

If the decedent received Medicaid, the filer must either file a MERP Certification or include sufficient information in the Proof of Death and Other Facts establishing that no MERP claim will be filed for one of the listed reasons.

“The Decedent did apply for and receive Medicaid benefits on or after March 1, 2005, but there is no Medicaid claim against the estate.” If Decedent received Medicaid, you MUST ALSO either (1) file a MERP Certification that Decedent’s estate is not subject to a MERP claim (see https://hhs.texas.gov/sites/default/files//documents/services/aging/txmerpcertificationform.pdf) OR (2) include in the Proof of Death and Other Facts sufficient information to prove that a MERP claim will not be filed because of one of the following reasons: - The Decedent died before the age of 55 - There is a spouse who is still alive - There is a child under 21 years of age

CRITICAL

Applies to

Exhibit list

A unified Exhibit List for all exhibits intended for a jury trial must be provided to the Court Reporter before voir dire begins.

All exhibits intended for use at a jury trial must be exchanged and a unified "Exhibit List" provided to the Court Reporter prior to the commencement of voir dire.

CRITICALCivil cases

Applies to

Inventory

The inventory must distinguish the estate’s separate property from its community property.

In compiling the inventory, you must distinguish between separate and community property belonging to the estate.

CRITICAL

Applies to

Small estate affidavit

Applicants must not list assets with an unknown value.

 Listing assets with “unknown” value.

CRITICAL

Applies to

Small estate affidavit

Every distributee with legal capacity must sign and swear to the affidavit before a notary.

Every distributee who has legal capacity must sign and swear to the affidavit before a notary.

CRITICAL

Applies to

Small estate affidavit

Answer every question the SEA form requires; the Court cannot approve an SEA with needed information missing.

Mistake: leaving blanks when the form requires an answer. The Court can’t approve an SEA if needed information is missing.

CRITICALCriminal cases

Applies to

Itemized statement

If responding to a discovery request will cost more than $40, a written itemized statement of all estimated charges must be provided.

If a discovery request will result in charges that exceed $40, a written itemized statement detailing all estimated charges shall be provided.

CRITICAL

Applies to

ODL or IRL order

ODL and IRL Orders must be taken to the convicting court or the court where the petitioner has a pending criminal case for signature; a hearing in the Presiding Civil County Courts may also be needed.

ODL and IRL Orders must be taken to the convicting court or the court in which petitioner has a pending criminal case for signature and may need to be set for hearing in the Presiding Civil County Courts.

CRITICALCivil cases

Applies to

Oath of no debts

The oath of no debts must be unsigned and submitted for review before requesting a hearing date.

E-file unsigned Oath of No Debts for review prior to requesting hearing date.

CRITICAL

Applies to

Notice of submission

Must include

proposed order

The moving party must provide a proposed order when filing the Notice of Submission.

a) Submission of Order: The moving party must provide the Court with a "Proposed Order" via the electronic filing system's "Proposed Orders" queue at the time the Notice of Submission is filed.

CRITICAL

Applies to

Notice of bankruptcy

A Notice of Bankruptcy must state the debtor’s name, bankruptcy case number, petition filing date, and bankruptcy chapter.

b) Contents of Notice: The notice must include: 1) The name of the debtor; 2) The bankruptcy case number; 3) The date the bankruptcy petition was filed; and 4) The specific chapter (e.g., 7, 11, or 13) under which the petition was filed.

CRITICAL

Applies to

Small estate affidavit

If the decedent was married at death, the SEA must identify each asset as community or separate property.

 State whether each asset was decedent’s community property or decedent’s separate property. See definitions on the form.

CRITICALCivil cases

Applies to

Fiat

A FIAT is required and must use a template from the PC2 Website.

FIAT is required, please use one of the templates located on the PC2 Website.

CRITICALCivil cases

Applies to

Small estate affidavit

If the decedent was survived by none of the listed relatives, provide a separate page listing all surviving relatives and enough family-history detail to explain each relationship.

Fill out a separate page (or pages) if Decedent was survived by none of the following: spouse, child, grandchild, parent, brother, sister, half-brother, half-sister, niece, or nephew. If Decedent was survived by none of the above, list all of the surviving relatives of Decedent on a separate page. Specify Decedent's family history with respect to each of the survivors, giving sufficient detail about names, birth dates, death dates, and relationships to explain how each survivor is related to Decedent.

CRITICALCivil cases

Applies to

Executor qualification

You may not act as executor 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.

CRITICAL

Applies to

Small estate affidavit

List all heirs and correctly state their shares in the heirship chart.

Not listing all heirs and not getting the shares right in the heirship chart.

CRITICALCivil cases

Applies to

Dual compensation request

A request for dual compensation must be fully disclosed at appointment, or by motion and hearing if made later.

There must be full disclosure of the attorney-fiduciary’s request for dual compensation at the time of appointment or upon motion and hearing if the request for dual compensation is made later.

CRITICALCivil cases

Applies to

Application

The application must identify and provide the address of any person holding a medical, financial, or limited power of attorney.

Name and address of person holding power of attorney(s), (medical, financial, limited).

CRITICALCivil cases

Applies to

Witness testimony

A credible witness must testify that the produced copy is an exact duplicate and establish a qualifying basis for knowing the Will.

Testimony from credible witness that copy of Will produced is an exact duplicate, who read either the original Will, or a copy of the Will, heard the Will read, or can identify a copy of the Will.

CRITICAL

Applies to

Small estate affidavit

Complete both separate-property columns and, if the decedent was married, the community-property column.

Always fill out both “separate property” columns and also fill out the “community property” column if decedent was married.

CRITICALCivil cases

Applies to

Attorney verification

The attorney verification must confirm that the required hearing documents are correct, e-filed, and accepted by the Probate Clerk.

I, _____________________________________ confirm that all required documents for the hearing I am requesting in Cause No. ____________-PC-______________ are correct and have been e-filed and accepted by the Bexar County Probate Clerk’s office.

CRITICAL

Applies to

Small estate affidavit

If the decedent was married at death, state whether each asset was community or separate property.

State whether each asset was decedent’s community property or decedent’s separate property. See definitions on the form.

CRITICALCivil cases

Applies to

Inventory or affidavit in lieu of inventory

The administrator, attorney, and any co-administrator must sign the inventory or affidavit, and the attorney’s signature block must include a 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.

CRITICAL

Applies to

Small estate affidavit

If a personal representative has been appointed for the now-deceased heir, that representative may sign for the estate; the signature must show that capacity and Letters Testamentary or Letters of Administration must prove authority.

If a personal representative has been appointed, the personal representative can sign on behalf of the now-deceased heir’s estate. In that case, the fact that the personal representative is signing on behalf of the estate must be clear from the signature. In addition, you must provide Letters Testamentary or Letters of Administration as proof that the person signing has authority to do so.

CRITICAL

Applies to

Written notice of out of county setting

Written notice of a special out-of-county setting must state the setting’s date and place.

Such written notice must state the date and place of the out-of-county setting.

CRITICALCivil cases

Applies to

Resident agent

Provide a resident agent when applicable.

Resident Agent as applicable.

CRITICALCivil cases

Applies to

Small estate affidavit

Complete Family History #3 if the Decedent had any children.

Family History #3: Children, part 2. Answer if Decedent had any children.

CRITICAL

Applies to

Small estate affidavit

The SEA must list all existing unpaid debts and liabilities, state “none” if there are none, and may not leave the section blank.

The SEA must list all of decedent’s existing debts and other liabilities, including all credit card balances, doctor or hospital bills, utility bills, etc. – anything owed by decedent or decedent’s estate and not paid off as of the date the SEA will be signed. If there are no debts or liabilities, indicate “none.” This section can’t be left blank!

CRITICAL

Applies to

Jury trial submission

Counsel must submit proposed jury questions, instructions, and definitions to the Court and opposing counsel at least seven days before trial.

Counsel must submit proposed jury questions, instructions, and definitions to the Court and opposing counsel at least 7 days prior to the trial date.

CRITICALCivil cases

Applies to

Affidavit in lieu of inventory

An affidavit in lieu of inventory must state that specified debts are paid and beneficiaries received a verified, full, and detailed inventory, and it must be filed with the clerk.

If you are eligible to file an affidavit in lieu of inventory and choose to do so, the affidavit must: • State that all debts, except for secured debts, taxes, and administration expenses, are paid. • State that all beneficiaries have received a verified, full, and detailed inventory – as described above. • Be filed with the clerk within the prescribed time.

CRITICALCivil cases

Applies to

Application

Applicants must provide a calculation of the statutory commission on all future applications, as applicable under the 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 and/or 1155.003 and 1155.006, as applicable.

CRITICALCivil cases

Applies to

Application

The application is filed with the county clerk.

An application is filed with the county clerk.