Bexar County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Small estate affidavit

The SEA must show total estate assets of $75,000 or less, excluding the homestead and exempt property.

The SEA must show that the total estate assets are $75,000 or less, not including the homestead (see next page) and exempt property (see below).

CRITICAL

Applies to

Fiat

Must include

certificate of service, certificate of conference

A Fiat must identify the matter and hearing details, provide specified participation and remote-access information, and include the listed certificates, statements, and signatures.

Content of Fiat: The Fiat must clearly state: 1) The specific motion(s), application, petition to be considered. 2) The date and time of the hearing; 3) The time announcement; 4) Whether an interpreter is required and the language needed; 5) The physical location or the specific digital platform link (e.g., Zoom) if the hearing is remote; 6) The participants for the hearing, including but not limited to counsel, parties and witnesses; 7) A certificate of conference; 8) A certificate of service; 9) A statement that all participants have agreed to appear; 10) The signature and contact information of the requesting attorney, as required by Texas Rule of Civil Procedure 57; and, 11) Date and signature line for the Judge.

CRITICAL

Applies to

Appointee fee application

Must include

proposed order

When requesting the Court’s agreed-upon standard Ad Litem fee, only a Pink Sheet is required.

If requesting the Court's agreed upon standard Ad Litem fee, only a Pink Sheet is required.

CRITICALCriminal cases

Applies to

Motion

A motion for an in-camera inspection is required for Human Resources records.

any Human Resources records will require a motion for an in-camera inspection

CRITICALCivil cases

Applies to

Proof of death

E-file unsigned proof of death before the hearing for review; only one is needed if the administration and heirship proceedings are simultaneous.

Unsigned Proof of death e-filed for review prior to hearing (only one if simultaneous with heirship proceeding).

CRITICALCivil cases

Applies to

Small estate affidavit

For a married Decedent, the affidavit must identify each asset as community or separate property, explain that classification, and state the total value of each community property asset.

If decedent was married, indicate: • whether each asset was community or separate property, and • facts that explain why the asset was community or separate, and • total value of each community property asset.

CRITICAL

Applies to

Small estate affidavit

The SEA must list all of the decedent’s known estate assets.

• List everything. The SEA must list all of decedent’s known estate assets – not just some of them.

CRITICALCivil cases

Applies to

Muniment of title checklist

The applicant’s attorney may set the matter for hearing after the checklist is complete.

Once the checklist is fully completed, the applicant’s attorney can set this matter for hearing.

CRITICALCivil cases

Applies to

Attorney fiduciary records

An attorney-fiduciary must keep detailed time and expense records that separate legal from non-legal work.

The attorney-fiduciary must keep meticulous time and expense records, carefully segregating legal and non-legal work.

CRITICAL

Applies to

Petition

With the petition, the petitioner must provide proof of a valid SR-22 and a certified driving record, and must provide proof of an installed interlock device when seeking issuance without time restrictions or a showing of essential need.

Petitioner must provide proof, with their petition, that the Petitioner actually possesses a valid Form SR-22 (Proof of Liability Insurance) and provide a certified copy of the Petitioner's Driving record. Petitioner will also need to provide proof, at the time of the petition, of an installed Ignition Interlock device if seeking issuance without time restrictions or the showing for "essential need."

CRITICALCivil cases

Applies to

Sworn application

The sworn application must provide the applicant’s correct name, former name, relationship, and address, and the same information for any other person to be appointed.

Correct name, former name, relationship, and address of Applicant – if other person to be appointed, this information as well.

CRITICALCivil cases

Applies to

Inventory or affidavit

You must submit either a complete estate inventory or an allowable 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.

CRITICALCivil cases

Applies to

Inventory

The inventory must be verified by a sworn affidavit.

The inventory must be verified by a sworn affidavit.

CRITICALCivil cases

Applies to

Sworn application

The sworn application must state the nature and degree of incapacity and the specific areas of protection and assistance requested.

Nature and degree of incapacity and specific areas of protection and assistance requested.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

The proposed order must be a separate lead document and include the proper title and language.

E-file Proposed Order for review and approval as separate lead document prior to requesting hearing date that includes proper title and language.

CRITICALCivil cases

Applies to

Motion

Each motion must be accompanied by a separate order unless the Court instructs otherwise.

A separate order must accompany each motion, unless instructed otherwise.

CRITICAL

Applies to

Small estate affidavit

The SEA must state whether the decedent applied for and received Medicaid benefits on or after March 1, 2005; if so, provide one of the specified Medicaid debt or MERP claim disclosures.

The SEA must indicate whether decedent applied for and received Medicaid benefits on or after 3/1/2005. If so, you must either (1) list as a liability the amount owed to Medicaid or (2) file a Medicaid Estate Recovery Program (MERP) certification that decedent’s estate is not subject to a MERP claim or (3) include additional information proving that a MERP claim will not be filed.

CRITICALCivil cases

Applies to

Affidavit in lieu of inventory

You may file an affidavit in lieu of an inventory only if, when the inventory is due including extensions, there are no unpaid debts other than 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

Small estate affidavit

All distributees must swear in the SEA that the decedent died without a will.

All distributees must swear that the decedent died without a will.

CRITICALCivil cases

Applies to

Citation by publication

Complete the citation by publication and review it for errors.

Citation by Publication completed (review to ensure no errors)

CRITICAL

Applies to

Motion to retain

A Motion to Retain must be verified.

Any party seeking to keep a case on the active docket must file a verified Motion to Retain at least seven (7) days prior to the dismissal hearing unless otherwise allowed by the Court.

CRITICAL

Applies to

Motion to retain

Must include

proposed order

A Motion to Retain must demonstrate good cause for the delay and include a proposed Scheduling Order with a specific timeline for final disposition.

The motion must demonstrate "good cause" for the delay and include a proposed Scheduling Order that outlines a specific timeline for the final disposition of the case.

CRITICAL

Applies to

Small estate affidavit

If warranted by the facts, an authorized guardian or next of kin may sign and swear for an incapacitated distributee, and the signature must make the representative capacity clear.

If warranted by the facts, the natural guardian or next of kin of any minor distributee or the guardian of any other incapacitated distributee may sign and swear to the affidavit on behalf of the minor or otherwise incapacitated distributee. The fact that someone is signing and swearing on behalf of someone else must be clear from the signature.

CRITICAL

Applies to

Small estate affidavit

After completing Section K, determine the heirs under Texas law and list every heir in Section L.

After you have filled out Section “K” of the form completely, figure out who the heirs are under Texas law and list all of the heirs in Section “L” of the form.

CRITICALCivil cases

Applies to

Fiat

A FIAT is required and must use one of the provided templates.

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

CRITICALCivil cases

Applies to

Fee application

Each billed service in a fee application must identify its date, service provider, detailed description, time, and amount; initials require identification of the individuals.

Clearly identify all of the following for each billed service: 1. The date the service was rendered. 2. The attorney or the paralegal/legal assistant performing the service. Do not use initials unless the application identifies which initials correspond to which individuals. 3. A sufficiently detailed description of the service. 4. The time involved. 5. The amount billed for that service.

CRITICALCivil cases

Applies to

Small estate affidavit

Each listed asset must be described with enough detail to identify it, such as account details, an insurance company, a vehicle VIN, or a property address and legal description.

List each asset with enough detail to identify exactly what the asset is. For example, give bank name and last four digits of an account number; give life insurance company name; give description of car plus VIN number; give address & legal description of real property.

CRITICAL

Applies to

Small estate affidavit

The SEA must describe the decedent’s marital and family history sufficiently to show who inherits under Texas law and each heir’s share.

The SEA must state the facts about decedent’s marital and family history in sufficient detail to show both who inherits decedent’s property under Texas law as well as the shares of those heirs under Texas law.

CRITICALCivil cases

Applies to

Death certificate

Email an original or copy of the Death Certificate to the Administrative Assistant.

An Original or Copy of the Death Certificate emailed to Administrative Assistant

CRITICALCivil cases

Applies to

Proof of execution

If the Will is not self-proved or its duplicate is objected to, provide sworn open-court testimony from one subscribing witness or follow the cited statutory procedures.

If Will is not self-proved or there is an objection to entering duplicate of Will into evidence, need proof of execution of attested Will by sworn testimony from one subscribing witness in open court, or follow Texas Estates Code 256.153 or 256.154.

CRITICAL

Applies to

Small estate affidavit

If the decedent was single at death, enter “NA” in the community-property column and still complete both separate-property columns.

If decedent was single at the date of death, there is no community property. Put “NA” in the community property column – but always fill out both separate property columns.

CRITICALCivil cases

Applies to

Dependent administrator executor acknowledgment

I swear or affirm that I have read the previous two pages of this document (entitled Court- Ordered Instructions for a Dependent Administrator/Executor) and that I understand its contents. _________________________________________________ ___________________________ Signature of person who seeks to be appointed dependent administrator or executor Date

I swear or affirm that I have read the previous two pages of this document (entitled Court- Ordered Instructions for a Dependent Administrator/Executor) and that I understand its contents. _________________________________________________ ___________________________ Signature of person who seeks to be appointed dependent administrator or executor Date

CRITICAL

Applies to

Small estate affidavit

State each asset’s value as precisely as possible using its value when the affidavit is signed.

Indicate the value of each asset as precisely as possible, using values at the time the affidavit is signed.

CRITICALCivil cases

Applies to

Attorney verification

The attorney verification requires confirmation that all required hearing documents are correct and have been 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.

CRITICALCivil cases

Provide the specified sworn waivers or certified-mail proof from all known or ascertainable distributees age 12 or older, subject to the stated exception.

Sworn Waivers (except persons 12 year of age to majority) or Certified Mail proof from all known or ascertainable distributees 12 years of age or older. See Tex. Estates Code §§ 202.051, 202.052 and 202.056

CRITICALCivil cases

Distributees must provide information and complete the documentation needed to establish an account for a minor beneficiary.

IT IS FURTHER ORDERED that the distributees shall provide and cooperate with the Clerk of the Court in providing any information and completing all documentation necessary to establish such an account for a minor beneficiary.

CRITICALCivil cases

Applies to

Small estate affidavit chart

If the decedent was married, the community property share column must always be completed.

Share of decedent's community property (if decedent was married, you must always fill out this column)

CRITICAL

Applies to

Small estate affidavit

Describe each asset clearly enough to identify the property being transferred, including vehicle VINs and the last four account-number digits and holder name for accounts.

Describe each asset with enough detail to make it clear exactly what property is being transferred by affidavit. For example, give VIN numbers for cars and give the last four digits of any account numbers, along with the name of bank or other entity holding the funds.

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

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

List all known estate assets in the SEA, not just some of them.

The SEA must list all of decedent’s known estate assets – not just some of them.

CRITICALCivil cases

Applies to

Beneficiary notice

Each beneficiary notice must include either copies of the admitted will and probate order or a gift summary with the specified court and appointment information.

Each notice must include – in addition to other requirements outlined in the statute – either (1) a copy of the will admitted to probate and a copy of the order admitting the will to probate or (2) a summary of the gifts to the beneficiary under the will along with the name of the court that admitted the will to probate, the docket number assigned to the estate, the date the will was admitted to probate, and, if different, the date the court appointed the personal representative.

CRITICALCriminal cases

Applies to

Order

The order must be filed with the Bexar County Clerk.

It is ORDERED that this order be filed with the Bexar County Clerk.

CRITICAL

Applies to

Appointee fee reporting

All appointee fees must be reported to the Office of Court Administration.

All appointee fees must be reported to the Office of Court Administration (OCA).

CRITICAL

Applies to

Small estate affidavit

Section L must provide each heir’s or distributee’s name, address, phone number, and email address.

In Section “L” of the form, list the name, address, phone number, and email address of every heir/distributee of decedent’s estate.

CRITICALCivil cases

Applies to

Attorney ad litem report

The checklist calls for the Attorney Ad Litem’s report.

Report of Attorney Ad Litem

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.

CRITICAL

Applies to

Small estate affidavit

Applicants must use the SEA form available on the Bexar County Probate Court 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

Small estate affidavit

Provide details on separate pages for any child whose parental rights were terminated.

If parental rights were terminated for any child, give details on separate page(s).

CRITICALCivil cases

Applies to

Application

Affirm that the decedent did not apply for and receive Medicaid benefits after March 1, 2005.

Affirm Decedent did not apply for and receive Medicaid benefits after March 1, 2005.