Bexar County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Small estate affidavit

List every child by birth or adoption, regardless of whether the child is alive or parental rights were terminated.

List all children, whether or not the child is still alive and whether or not parental rights were later terminated.

CRITICAL

Applies to

Small estate affidavit

If a personal representative has been appointed for a 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.

CRITICALCivil cases

Applies to

Small estate affidavit chart

For each distributee, the chart must identify the person and list the person's contact information and fractional interests in the decedent's estate.

Based on the family history given in this Affidavit, the following chart lists all of the Decedent's heirs at law, together with their fractional interests in Decedent's estate: For each Distributee, list: Share of separate Share of separate real Share of decedent's 1. Name personal property property community property 2. Address (this column MUST (this column MUST be (if decedent was married, 3. Telephone number be filled out) filled out, even if you do you must always fill out 4. Email address not list any real property) this column

CRITICALCivil cases

Applies to

Application

The application must state the approximate value and detailed description of the Proposed Ward’s liquid and non-liquid property.

Approximate value and detailed description of Proposed Ward’s property: Liquid assets, including compensation, pension, insurance, or allowance and Non-liquid assets including real property.

CRITICAL

Applies to

Small estate affidavit

Include facts showing why each asset of a married decedent is separate or community property.

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

CRITICAL

Applies to

Small estate affidavit

For each community-property asset, the SEA must put the asset’s total value in the additional-information column and the decedent’s interest value in the value column.

 For each asset that was community property, indicate in the “additional information” column the total value of the asset; you will list the value of decedent’s interest in the “value” column.

CRITICAL

Applies to

Proposed order

Must include

proposed order

A separate proposed order must include the Order Authorizing Payment of Appointee Fee, also called the Pink Sheet.

A separate "Proposed Order" must be provided and include an "Order Authorizing Payment of Appointee Fee" also known as the "Pink Sheet," which is available on the Bexar County Probate Courts' webpages.

CRITICAL

Applies to

Application to determine heirship

If no personal representative has been appointed for a now-deceased heir, the SEA procedure cannot be used and an Application to Determine Heirship must be filed.

If no personal representative has been appointed for a now-deceased heir, you can’t use the Small Estate Affidavit probate procedure and must file an Application to Determine Heirship.

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.

CRITICALCivil cases

Applies to

Sworn application

The sworn application must identify and provide the address of any person or institution having care and custody of the Proposed Ward.

Name and address of any person or institution having care and custody of the Proposed Ward.

CRITICALCivil cases

Applies to

Application

The application must include statements addressing the presumption that the original Will was revoked.

Application includes statements to overcome presumption the original Will was revoked.

CRITICAL

Applies to

Small estate affidavit

The SEA must state each asset’s value as precisely as possible using its value when the affidavit is signed.

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

CRITICALCivil cases

Applies to

Small estate affidavit

Complete the family-history section by checking the appropriate boxes and providing the additional information indicated.

K. The following facts regarding Decedent's family history show who is entitled to what share of Decedent's estate, to the extent that the assets of Decedent's estate, exclusive of homestead and exempt property, exceed the liabilities of Decedent's estate. [Put check marks in the appropriate small boxes, and provide additional information as indicated.]

CRITICALCivil cases

Applies to

Small estate affidavit

The affidavit must list all estate assets and their values.

All assets of the Decedent's estate and their values are listed here.

CRITICALCivil cases

Applies to

Supplemental inventory

If you discover additional property while the estate is pending, you must file a supplemental inventory reflecting those 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.

CRITICALCriminal cases

Applies to

Flat fee voucher

Flat-fee vouchers must be submitted to the respective County Court Judge before payment can be made.

No payment shall be made under this article until the vouchers with flat fees are submitted to the respective Judge of the County Court where the case was heard through disposition.

CRITICALCivil cases

Applies to

Paralegal rate increase request

For qualifying specialized paralegal work, the Court might approve up to a $25-per-hour rate increase only if a written request is made before the work is done.

Further, if particular litigation requires special expertise that a paralegal/legal assistant is qualified to perform and has performed in the past, the Court might approve up to a $25 per hour increase above the court’s standard rate, but only if a request in writing is made to the Court before work is done.

CRITICALCivil cases

Applies to

Associate judge report

The Associate Judge must file a report listing all signed orders.

The court further orders pursuant to54A.212 that the Associate Judge shall file an Associate Judge's report listing all orders signed.

CRITICAL

Applies to

Application to probate will as muniment of title

Each application to probate a will as a Muniment of Title must state that the Decedent did not apply for and receive Medicaid benefits on or after March 1, 2005.

Each application to probate a will as a Muniment of Title must state that the Decedent did not apply for and receive Medicaid benefits on or after March 1, 2005.

CRITICALCriminal cases

Applies to

Voucher

An attorney must submit an Attorney Visit Certification with the voucher for an initial jail visit.

Attorney must turn in Attorney Visit Certification with voucher

CRITICALCivil cases

Applies to

Background check

Complete the background check; fingerprints are required for liquid assets over $50,000 or for a non-resident.

Background check completed (fingerprints for liquid assets over $50,000 or non-resident)

CRITICAL

Applies to

Small estate affidavit

Every SEA must complete both separate-property columns, even if no real property is listed, and must also complete the community-property column if the decedent was married at death.

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

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.

CRITICALCivil cases

Applies to

Attorney ad litem answer

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

Answer of Attorney Ad Litem

CRITICALCivil cases

Applies to

Witness testimony

E-file unsigned witness testimony before the hearing for review.

Unsigned Witness testimony e-filed for review prior to hearing.

CRITICALCivil cases

Applies to

Inventory

A filed inventory must be complete and include an attached list of claims owed to the estate, not 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

Medical examination certificate

Provide a certificate of medical examination by a Texas-licensed physician, or, if intellectual disability is the basis, a determination of intellectual disability completed on the CME.

Certificate of Medical Examination by a Texas licensed physician §1101.103 or if intellectual disability is basis Determination of Intellectual Disability completed on CME. §1101.104

CRITICALCivil cases

Applies to

Inventory

If the appointment order requires appraisers, they must sign a sworn affidavit attached to the inventory.

If the order appointing you requires appraisers for the estate, then the appraisers must also sign a sworn affidavit to be attached to the inventory.

CRITICAL

Applies to

Small estate affidavit

List assets with enough detail to identify them in the SEA.

Not listing assets with enough detail to identify them.

CRITICALCivil cases

Applies to

Affidavit in lieu of inventory

The 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.

CRITICALCivil cases

Applies to

Fiat

A FIAT is required, and one of the attached templates must be used.

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

CRITICALCivil cases

Applies to

Proof of release

If the decedent received Medicaid benefits, provide proof of release of the MERP claim and affirm one of the listed circumstances.

Received Medicaid benefits, need proof of release of MERP claim  Affirm Decedent died before age 55, or  Spouse is still alive, or  There is a child under 21 years of age.

CRITICALCivil cases

Applies to

Answer

The attorney ad litem’s answer must be provided.

Answer of Attorney ad litem.

CRITICALCivil cases

Applies to

Pleading

Each party’s pleadings must include the last three numbers of the party’s Social Security number and driver’s license number, if issued.

Each party to include in their pleadings the party’s last three numbers of social security if issued and driver’s license if issued. CPRC §30.014

CRITICALCivil cases

Applies to

Witness testimony

Live testimony is required.

Live testimony required.

CRITICAL

Applies to

Small estate affidavit

When the homestead-property conditions apply, the SEA must support the homestead exemption with facts and include the property’s street address and, if possible, its 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.

CRITICALCivil cases

Applies to

Proof of creditor notices

You must file proof of both creditor notices with the clerk’s office.

You must file proof of the above two notices with the clerk’s office.

CRITICAL

Applies to

Small estate affidavit

Section L of the approved SEA form must state each distributee’s share in every possible type of property.

In Section “L” of the Court’s approved SEA form, you must list the shares of each distributee in every possible type of property.

CRITICALCivil cases

Applies to

Attorney verification

The attorney verification must confirm that all 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.

CRITICALCivil cases

Applies to

Will copy

Tender the actual copy of the Will offered for probate to the Clerk.

Tender the actual copy of the Will offered for probate to the Clerk.

CRITICAL

Applies to

Small estate affidavit

The heirship chart must list all heirs and state their shares correctly.

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

CRITICALCivil cases

Applies to

Small estate affidavit

An asset in the affidavit cannot have an unknown value.

An affidavit cannot be approved with an asset of "unknown" value.

CRITICALCivil cases

Applies to

Affidavit in lieu of inventory

An 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

Application or motion

Must include

proposed order

Applications and motions must include a proposed order as a separate lead document in the electronic filing system, with a Judge’s signature line and a clear “Date Signed” line.

All applications and motions must be accompanied by a Proposed Order as a separate lead document in the electronic filing system. Proposed orders must include a signature line for the Judge and a clear "Date Signed" line.

CRITICAL

Applies to

Attorney unavailability notice

A notice that an attorney is unavailable because of a trial in another court must identify that court, the case being tried, and the trial's start date.

2. The Court receives notice that the attorney is unavailable due to a trial in another Court. The notification must state the Court in which the attorney is in trial, the style of the case which they are trying and the date the trial is to begin.

CRITICALCivil cases

Applies to

Ad litem fee submission

For Ad Litem fees and expenses over $500, submit an attorney’s billing affidavit and itemized timekeeping; the Attorney Ad Litem is responsible.

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

CRITICAL

Applies to

Small estate affidavit

Two disinterested witnesses must each sign and swear to the affidavit before a notary, and each must be able to attest to all facts in the SEA.

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.

CRITICALCivil cases

Applies to

Application

For a minor, the application must include all persons listed under §1101.001.

For minor: All persons listed under 1101.001.

CRITICAL

Applies to

Small estate affidavit

Applicants must answer every question required by the form and check all pages for missing information before obtaining signatures.

Mistake: leaving blanks when the form requires an answer. The Court can’t approve an SEA if needed information is missing. Before getting signatures, carefully check all pages to make sure you’ve answered all necessary questions.

CRITICAL

Applies to

Small estate affidavit

An SEA cannot be approved if any listed asset has an unknown value.

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.