Bexar County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Proposed order

As noted above, indicate the time period covered by the bill in the title (or subtitle) of the proposed order.

As noted above, indicate the time period covered by the bill in the title (or subtitle) of the proposed order.

CRITICALCivil cases

Applies to

Motion and order to appoint attorney ad litem

The checklist calls for a motion and order appointing an attorney ad litem.

Motion and Order to Appoint Attorney Ad Litem.

CRITICALCivil cases

Applies to

Affidavit in lieu of inventory

An affidavit in lieu of an inventory may be filed 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.

CRITICALCivil cases

Applies to

Inventory

An inventory must be complete and include an attached list of claims owed to the estate, excluding debts owed by the estate.

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).

CRITICALCivil cases

Applies to

Small estate affidavit

For a child who died before the Decedent and was survived by descendants, provide the deceased child’s name, the other parent’s name in parentheses, the date of death, and the names and birth dates of grandchildren when required.

name of the deceased child's died (if any of these children died before Decedent, use a separate page to other parent in parentheses) give date of death, plus names & birth dates of all grandchildren

CRITICAL

Applies to

Small estate affidavit

Two disinterested witnesses must each sign and swear before a notary, be able to attest to all facts in the SEA, and have no interest in or inheritance from the estate.

Two disinterested witnesses must each sign and swear to the affidavit before a notary. These witnesses must be able to swear to all of the facts included in the SEA, not only the family history facts. Disinterested witnesses are witnesses who have no interest in decedent’s estate and who do not inherit from decedent under the laws of descent and distribution of the State of Texas.

CRITICALCivil cases

Applies to

Fee application

For a requested payment over $500.00 in a typical or normal 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.

CRITICAL

Applies to

Motion for continuance

Must include

certificate of conference

A request to move a scheduled hearing must be submitted as a written motion and include a Certificate of Conference.

b) Motions for Continuance: Any request to move a scheduled hearing must be made by written motion and include a Certificate of Conference. Except in cases of sudden emergency, motions for continuance filed less than 48 hours before a hearing are disfavored.

CRITICAL

Applies to

Small estate affidavit

After completing Section K, determine the heirs under Texas law and list all of them 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

Affidavit in lieu of inventory

An affidavit in lieu of inventory must state that all beneficiaries received a verified, full, and detailed inventory.

State that all beneficiaries have received a verified, full, and detailed inventory – as described above.

CRITICAL

Applies to

Small estate affidavit

Section L must include each heir’s name, address, phone number, and email address, and list heirs for every property type.

In Section “L” of the form, list the name, address, phone number, and email address of every heir/distributee of decedent’s estate. You must list heirs for every type of property, even if you don’t think decedent owned property of a particular type.

CRITICALCivil cases

Applies to

Notarization

The acknowledgment must record that the instrument was sworn or affirmed before a notary, with the notary’s name and commission expiration.

This instrument was sworn or affirmed before me on ______________________________ by ___________________________________________________________________________. Notary Public, State of Texas Notary’s Name Printed: My commission expires

CRITICALCivil cases

Applies to

Small estate affidavit chart

The separate real property share column must be completed even if no real property is listed.

Share of separate real property (this column MUST be filled out, even if you do not list any real property)

CRITICALCivil cases

Applies to

Small estate affidavit

For each sibling who died before the Decedent, provide the sibling’s name, death date, whether the sibling was full or half, and the names and birth dates of the sibling’s children who were alive when the Decedent died.

The following of Decedent's brothers and sisters (including half-brothers and half-sisters who were born to either of Decedent's parents) died before Decedent's death. If none, write "none." Name of deceased brother or Full or Names of all children of deceased brother or sister (followed by the date of half sister (nephews and nieces of Decedent) that Birth dates of nieces death in parentheses) sibling? were alive on the date Decedent died. & nephews

CRITICAL

Applies to

Small estate affidavit

If the decedent was 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 is not enough to say there was no separate property or separate real 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.

CRITICAL

Applies to

Small estate affidavit

Do not list an asset with an unknown value in the SEA.

Listing assets with “unknown” value.

CRITICALCivil cases

Applies to

Sworn heirship application

The checklist calls for a sworn heirship application complying with section 202.007.

Sworn Heirship Application in compliance with 202.007

CRITICALCivil cases

Applies to

Fiat

A FIAT is required, and one of the templates on the PC2 Website must be used.

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

CRITICALCivil cases

Applies to

Certified copies

For real property, the attorney will obtain certified copies of the Order Admitting the Will to Probate as a Muniment of Title and the Last Will and Testament of the Decedent and file them with the county clerk.

For real property, the attorney will obtain certified copies of the Order Admitting the Will to Probate as a Muniment of Title and the Last Will and Testament of the Decedent and file them with the county clerk.

CRITICALCivil cases

Applies to

Small estate affidavit

List funeral debts and attorney’s fees and expenses if they will be paid from estate assets.

If funeral debts or attorney's fees and expenses will be paid from estate assets, list them here.

CRITICALCivil cases

Applies to

Sworn application

The sworn application must state why considered supports and services are not feasible to avoid guardianship.

State facts as to why supports and services considered are not feasible to avoid guardianship (e.g. services are in place but Proposed Ward refuses caregivers in the home).

CRITICALCivil cases

Applies to

Small estate affidavit

If the Decedent was survived by a spouse, minor children, or unmarried adult children who lived with the Decedent, the asset list must identify the assets the applicant claims are exempt.

If decedent was survived by a spouse, minor children, or unmarried adult children who lived with decedent, the list of known estate assets must indicate which assets applicant claims are exempt. See checklist for more information.

CRITICALCivil cases

Applies to

Proof of death

The proof of death must be unsigned and submitted for review before requesting a hearing date.

E-file unsigned Proof of Death for review prior to requesting hearing date.

CRITICAL

Applies to

Reset record

A reset must be documented in the Court's file or Odyssey by the Judge's written order or an authorized staff entry initialed by the Judge.

F. The Court's file and/or electronic documentation in the Odyssey system shall indicate a reset by the Judge's written Order on the file or an authorized entry by the Court staff initialed by the Judge.

CRITICALCivil cases

Applies to

Sworn witness testimony

Reduce sworn witness testimony to writing after the hearing and e-file it.

Sworn witness testimony reduced to writing after hearing and e-filed

CRITICAL

Applies to

Small estate affidavit

For a decedent who was single at death, enter “NA” in the community-property column and 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

Oath

The checklist calls for an unsigned oath.

Unsigned Oath.

CRITICALCivil cases

Applies to

Order

The order must state that the copy of the Will is probated and find that the Applicant overcame the presumption of revocation.

Order reflects language that copy of Will probated and finding that Applicant overcame presumption that Original Will was revoked.

CRITICALCivil cases

Applies to

Guardian appointment checklist

JBCC registration and training must be completed.

JBCC registration and training completed.

CRITICALCivil cases

Applies to

Bond

A 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 as specified in the order making the appointment.

CRITICALCivil cases

Applies to

Publishers affidavit

File the Publisher’s Affidavit; contact the County Clerk with questions or for corrections.

Publisher’s Affidavit filed – contact the County Clerk for questions or corrections

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

Proof of death

The Proof of Death must state that the copy is offered for probate without objection and, if the Will is not self-proved, identify the required witness or handwriting proof.

Proof of Death states copy of Will offered for probate with no objection. If not self-proved, add there is proof by subscribing witness to Will or witnesses to the handwriting of a subscribing witness or the testator.

CRITICALCivil cases

Applies to

Proof of death

E-file unsigned proof of death before the hearing for review.

Unsigned Proof of Death e-filed for review prior to hearing.

CRITICALCivil cases

Applies to

Small estate affidavit

The small estate affidavit must include affidavits and signatures from two disinterested witnesses.

Affidavits and signatures of two disinterested witnesses

CRITICALCriminal cases

Applies to

Written statement

A written statement must be provided when responding requires programming or data manipulation costs, or compliance is infeasible or would substantially interfere with ongoing operations.

A written statement must be provided when response to this order requires cost of programming or manipulation of data or when compliance with the order is not feasible or will result in substantial interference with ongoing operations

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, and provides spaces for a signature and date.

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. Signed: _________________________________________Date:__________________________

CRITICAL

Applies to

Small estate affidavit

Do not leave any asset’s value unknown; an SEA with an asset of unknown value cannot be approved.

An SEA can’t be approved with any asset of “unknown value” because it is impossible to know if total assets are $75,000 or less, and it might be impossible to know if the estate is solvent.

CRITICAL

Applies to

Instrument presented for judge signature

Instruments presented for a judge's signature must contain the specified notation, reflect the date presented for signing, and have all copies conformed by the Court Clerk.

F. All instruments presented for a Judge's signature shall contain the following notation: day of , . Judge The original and all copies shall reflect the date presented for actual signing, and all copies shall be conformed by the Court Clerk.

CRITICALCivil cases

Applies to

Proposed order

Proposed orders must leave the award amounts blank; the Court will not approve a pre-printed amount.

Proposed orders must include blanks where the amounts to be awarded will go. The Court is going to think about what is reasonable and necessary. It will not approve a pre-printed amount and will ask you to re-submit a proposed order with blanks.

CRITICAL

Applies to

Appointee fee application

An application for appointee fees must be titled “Application for Appointee Fee.”

When filing applications for appointee fees, the application must be titled as an "Application for Appointee Fee."

CRITICALCivil cases

Applies to

Small estate affidavit

Identify any brothers or sisters, including half-siblings, who died before the Decedent; write “none” if there were none.

The following of Decedent's brothers and sisters (including half-brothers and half-sisters who were born to either of Decedent's parents) died before Decedent's death. If none, write "none."

CRITICAL

Applies to

Small estate affidavit

Applicants must describe assets in enough detail to identify them.

 Not listing assets with enough detail to identify them.

CRITICALCivil cases

Applies to

Application

The application title must identify the guardianship relief requested.

Title of Application must reflect what you are requesting, e.g. Application to Appoint Guardian of Person Only or Application to Appoint Guardian of the Estate Only or Application to Appoint Guardian of the Person and Estate with Limited Authority

CRITICAL

Applies to

Small estate affidavit

If multiple signature pages are used, each one must include all italicized, boxed statements about the distributees’ affirmations, requests, and potential liability.

If you need more than one signature page, use as many signature pages as needed, but note that every signature page must include all the italicized, boxed statements regarding what the distributees are swearing or affirming, what the distributees are requesting, and what those who sign the affidavit could be liable for.

CRITICALCivil cases

Applies to

Proposed order establishing administration with bond

E-file the proposed order establishing independent or dependent administration with bond before the hearing for review.

Proposed Order establishing either Independent or Dependent Administration with bond e-filed for review prior to hearing.

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.

CRITICALCivil cases

Applies to

Citation return

The citation must be returned.

Citation returned.

CRITICALCivil cases

Applies to

Inventory

The inventory must be verified by a sworn affidavit.

The inventory must be verified by a sworn affidavit.

CRITICAL

Applies to

Small estate affidavit

For an otherwise incapacitated distributee, provide letters of guardianship proving the signer’s authority.

For an otherwise incapacitated distributee, provide letters of guardianship as proof that the person signing has authority to do so.