Bexar County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Small estate affidavit

For each child who died before the Decedent and left no children, grandchildren, or great-grandchildren, provide the child’s name and date of death.

The following of Decedent's children, by birth or adoption, died before the Decedent's death and were not survived by any children, grandchildren, or great-grandchildren: Name of deceased child Date child died

CRITICALCivil cases

Applies to

Order

The order must refer to probate of a copy of a Will and the testimony taken.

Order must refer to probating a Copy of a Will, testimony taken, etc.

CRITICAL

Applies to

De novo hearing request

A de novo hearing request must state the standard of review sought and identify the Associate Judge’s specific findings or conclusions being challenged.

The request for a de novo hearing must specify the standard of review sought and identify the specific findings or conclusions of the Associate Judge to which the party objects.

CRITICAL

Applies to

Small estate affidavit

Multiple signature pages may be used as needed, but each must contain 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

De novo hearing request

A party requesting a de novo hearing must file the request with the County Clerk and promptly provide a copy to the Court Administrator.

If a party requests a de novo hearing, they must file the request with the County Clerk following Texas Government Code 54A.216, and promptly provide a copy to the Court Administrator.

CRITICAL

Applies to

Application for order

An application for a court order made outside a hearing or trial must be written, state its grounds and requested relief, and be filed and noted on the docket.

A. An application to the Court for an Order, whether in the form of a motion, plea or other form or request, unless presented during a hearing or trial, shall be made in writing, shall state the grounds therefore, shall set forth the relief or Order sought, and shall be filed and noted on the docket.

CRITICAL

Applies to

Order involving party in bankruptcy

An order involving a party in bankruptcy may be submitted for signature only with a certified Bankruptcy Court order lifting or modifying the stay, or counsel’s written certification explaining why the order does not violate the stay.

b) Submission of Orders: No orders involving a party in bankruptcy shall be submitted to the Court for signature unless accompanied by: 1. A certified copy of an order from the Bankruptcy Court lifting or modifying the stay; or 2. A written certification by counsel explaining why the requested order does not violate the automatic stay.

CRITICAL

Applies to

Small estate affidavit

The SEA must disclose whether the decedent applied for and received Medicaid benefits on or after March 1, 2005; if so, provide the Medicaid liability amount, a MERP certification, or information proving no MERP claim will be filed.

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.

CRITICAL

Applies to

Fiat or notice of hearing

Fiats and Notices of Hearings must contain the information specified in the referenced court document.

All Fiats or Notices of Hearings must contain the information contained in the document posted at https://www.bexar.org/1055/County-Courts, posted on the websites of Bexar County Courts at Law Number 3 and Bexar County Court at Law Number 10.

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.

CRITICAL

Applies to

Small estate affidavit

Applicants must complete every required heirship-chart column, including both separate-property columns and, if the decedent was married, the community-property column.

 Not filling out all required columns in the heirship chart. Always fill out both “separate property” columns and also fill out the “community property” column if decedent was married.

CRITICALCivil cases

Applies to

Inventory

The inventory must be verified by sworn affidavit.

The inventory must be verified by a sworn affidavit.

CRITICALCivil cases

Applies to

Proof of death

The Proof of Death must explain why the copy is being probated, the diligence used to locate the original, and that the testator did not revoke the Will.

Proof of Death states why probating copy, what diligence was done to locate original Will, and the testator did not revoke the Will.

CRITICALCivil cases

Applies to

Sworn affidavit

Unless waived by the court, the applicant must file a sworn affidavit with the court clerk specifying which will terms have and have not been fulfilled.

Unless waived by the court, the applicant for probate of the will must file with the court clerk a sworn affidavit stating specifically the terms of the will that have been fulfilled and terms of the will that have been unfulfilled.

CRITICALCivil cases

Applies to

Heirs at law affidavits

Provide affidavits from two disinterested witnesses about the heirs-at-law before the hearing, or provide live testimony reduced to writing.

Need affidavits from two disinterested witnesses on the heirs-at-law filed prior to hearing OR with live testimony and reduced to writing.

CRITICALCivil casesCourt notice

Applies to

Fiat or notice of hearing

Fiats or notices of hearings must contain the information designated in the attached document and be posted in the Bexar County Clerk’s Civil Central filing office.

Effective immediately, and until further notice, all Fiats or Notices of Hearings must contain all necessary information designated in the attached document, a copy of which is posted on the Bexar County Courts website at https://www.bexar.org/1055/County-Courts, and the Bexar County Clerk website at https://www.bexar.org/2946/County-Clerk, and shall be posted in the Bexar County Clerk’s Civil Central filing office.

CRITICALCivil cases

Applies to

Small estate affidavit

If the decedent was not a resident of Bexar County, the affidavit must include facts supporting venue there.

C. Decedent was a resident of and domiciled in County, Texas, at the time of Decedent's death. [If not Bexar County, the affidavit must include facts supporting venue in Bexar County.]

CRITICALCivil cases

Applies to

Trustee compensation application

IT IS THEREFORE, ORDERED that on all future applications for trustee compensation where the applicant seeks to recover fees in excess of those authorized by statute and therein seeks to have the court deem the compensation unreasonably low, the applicant shall, in separately numbered paragraphs, identify and describe in detail the factual basis that support the following factors, as applicable, to the management and administration of the trust in support of a request to deem the statutory compensation unreasonably low, including, but not limited to: (1) the time and labor required as demonstrated by detailed time entries describing the work performed by trustee; (2) the novelty, difficulty and complexity of the financial issues involved; (3) the amount requested and the source for payment of the fees; (4) whether the beneficiary receives Medicaid and has an applied income; (5) the time limitations imposed, e.g., urgent situations, by the circumstances or the beneficiary or the estate; (6) the relationship between the applicant and the beneficiary; (7) whether or not other assistance was also given by hired professionals or para-professionals such as case managers, real estate agents or other paid service providers; (8) the likelihood that the acceptance of the particular appointment precluded other employment by the applicant; (9) the total estate value and the type of assets that are managed; (10) the location of the ward, particular issues in managing the trust, working with the beneficiary or ward; (11) the additional services and benefits provided by a corporate fiduciary providing trust services; (12) the benefit to the court of employing a corporate fiduciary and trustee.

IT IS THEREFORE, ORDERED that on all future applications for trustee compensation where the applicant seeks to recover fees in excess of those authorized by statute and therein seeks to have the court deem the compensation unreasonably low, the applicant shall, in separately numbered paragraphs, identify and describe in detail the factual basis that support the following factors, as applicable, to the management and administration of the trust in support of a request to deem the statutory compensation unreasonably low, including, but not limited to: (1) the time and labor required as demonstrated by detailed time entries describing the work performed by trustee; (2) the novelty, difficulty and complexity of the financial issues involved; (3) the amount requested and the source for payment of the fees; (4) whether the beneficiary receives Medicaid and has an applied income; (5) the time limitations imposed, e.g., urgent situations, by the circumstances or the beneficiary or the estate; (6) the relationship between the applicant and the beneficiary; (7) whether or not other assistance was also given by hired professionals or para-professionals such as case managers, real estate agents or other paid service providers; (8) the likelihood that the acceptance of the particular appointment precluded other employment by the applicant; (9) the total estate value and the type of assets that are managed; (10) the location of the ward, particular issues in managing the trust, working with the beneficiary or ward; (11) the additional services and benefits provided by a corporate fiduciary providing trust services; (12) the benefit to the court of employing a corporate fiduciary and trustee.

CRITICAL

Applies to

Small estate affidavit

The SEA must state enough marital and family history 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.

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; its applicant must be represented by an attorney.

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. Note that an applicant for determination of heirship must be represented by an attorney.

CRITICALCivil cases

Applies to

Affidavit of fulfillment

Unless the court waives the requirement, an affidavit explaining fulfilled and, in some cases, unfulfilled will terms must be filed within 180 days after probate.

Unless waived by the court, an affidavit of fulfillment of terms must be filed within 180 days of the date that the will is admitted to probate. This explains the terms of the will that were fulfilled, and in some cases those that were not.

CRITICALCivil cases

Applies to

Small estate affidavit

Include additional signature pages when needed for additional distributees.

As needed, include other signature pages for additional distributees.

CRITICALCivil cases

Applies to

Small estate affidavit

The affidavit must indicate the accurate Medicaid statement by checking the applicable box.

H. Medicaid - check the accurate box:

CRITICALCivil cases

Applies to

Proposed order

The proposed order must be submitted as a separate lead document and include the proper title and required muniment-of-title language.

E-file Proposed Order for review and approval as separate lead document prior to requesting hearing date that includes proper title and language on Probating Will as Muniment of Title More Than 4 Years After Death.

CRITICAL

Applies to

Small estate affidavit

The SEA must list all unpaid debts and liabilities as of signing, state “none” if there are none, and leave no blank debt section.

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

Small estate affidavit

An SEA with a minor heir will not be approved unless all assets the minor will inherit can be placed in the Court registry until the heir turns 18.

The Bexar County Probate Court will not approve an SEA with a minor heir unless all estate assets the minor heir(s) will inherit can be placed in the registry of the Court until the heir turns 18.

CRITICALCivil cases

Applies to

Supplemental inventory

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

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

Inventory

If the appointment order requires appraisers, they must sign a sworn affidavit and attach it 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.

CRITICALCivil cases

Applies to

Small estate affidavit

If applicants indicate that there is no Medicaid claim, they must file a MERP certification or include information proving that no MERP claim will be filed.

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 this box is checked, applicant(s) must either (1) file a Medicaid Estate Recovery Program (MERP) certification that decedent's estate is not subject to a MERP claim or (2) include additional information proving that a MERP claim will not be filed.]

CRITICALCivil cases

Applies to

Application

The document title and prayer must identify the copy of the Will being probated.

Title of document must reflect what you are probating, e.g. Application to Probate Copy of a Will…Prayer must reflect the same.

CRITICALCivil cases

Applies to

Small estate affidavit

As of the date the affidavit is signed, it must list all existing estate debts and liabilities, including unpaid credit card, medical, and utility bills.

J. All liabilities/debts of the Decedent's estate and their values must be listed here, as of the date the affidavit is signed. The affidavit must list all of Decedent's existing debts and other liabilities including all credit card balances, doctor and hospital bills, utility bills, etc. - everything owed by Decedent or Decedent's estate and not paid off.

CRITICAL

Applies to

Small estate affidavit

The SEA must describe each asset sufficiently to identify the property being transferred, including examples such as vehicle VINs and account-number digits with the account holder’s name.

• Provide sufficient detail. 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

Oca affidavit

File the OCA Affidavit, check the case at the listed website, and contact the County Clerk with questions.

OCA Affidavit filed – check your case at: https://www.txcourts.gov/judicial-data/citation-by-publication/ - contact the County Clerk for questions

CRITICALCivil cases

Applies to

Application

The document title must identify what is being probated, such as the stated muniment-of-title application title.

Title of document must reflect what you are probating, e.g. Application to Probate Will as a Muniment of Title Four Years After Death

CRITICALCivil cases

Applies to

Inventory

If the appointment order requires appraisers, they must sign a sworn affidavit and attach it 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

Application to determine heirship

If no personal representative has been appointed for an heir who survived the decedent but is now deceased, 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.

CRITICALCivil cases

Applies to

Order

The order must include any limitation or termination of rights, including the listed rights and decisions.

Limitation or termination of rights to be included in order; right to vote; hold license to operate motor vehicle; personal decisions regarding residence; right to marry; right to possess, carry or own firearm.

CRITICAL

Applies to

Small estate affidavit

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

CRITICALCivil cases

Applies to

Oath

The oath must be unsigned, clearly identify the appointment, and be submitted for review before requesting a hearing date.

E-file unsigned Oath (clearly stating appointment, for example Guardian of Person or Guardian of Estate or Co-Guardians) for review prior to requesting hearing date.

CRITICALCivil cases

Applies to

Inventory or affidavit in lieu of inventory

The executor, attorney, and any co-executor 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-executor 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

Proof of death and other facts

The Proof of Death and Other Facts must include whichever Medicaid-status statement is supported by the facts.

The Court cannot probate a will as a muniment of title or sign an heirship order with no administration unless the testimony – reduced to writing in a Proof of Death and Other Facts – includes whichever of the following statements is supported by the facts:  “The Decedent did not apply for and receive Medicaid benefits on or after March 1, 2005.” OR  “The Decedent did apply for and receive Medicaid benefits on or after March 1, 2005, but there is no Medicaid claim against the estate.”

CRITICALCivil cases

Applies to

Application for commission

Applicants seeking a commission above the statutory amount on the ground that it is unreasonably low must provide, in separately numbered paragraphs, detailed factual support for the listed factors as applicable.

IT IS THEREFORE, ORDERED that on all future applications for commission where the applicant seeks to recover fees in excess of those authorized by statute and therein requests to have the court deem the commission unreasonably low, the applicant shall, in separately numbered paragraphs, identify and describe in detail the factual basis that support the following factors, as applicable, to the guardianship, in support of a request to deem the statutory commission unreasonably low, including, but not limited to: (1) the time and labor required as demonstrated by detailed time entries describing the work performed by individual; (2) the novelty, difficulty and complexity of the medical or financial issues involved; (3) the amount requested and the source for payment of the fees; (4) whether the Ward receives Medicaid and has an applied income; (5) the time limitations imposed, e.g., urgent situations, by the circumstances or the ward or the estate; (6) the relationship between the applicant and the ward; (7) whether or not other assistance was also given by hired professionals or para-professionals such as case managers, real estate agents or other paid service providers; (8) the likelihood that the acceptance of the particular appointment precluded other employment by the applicant; (9) the total estate value and the type of assets that are managed; (10) the location of the ward, particular issues in managing the ward's person, placement, medical or personal decisions.

CRITICALCivil cases

Applies to

Beneficiary notice certificate

The filing must be an affidavit or certificate that confirms notice was given or explains why it was not.

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.

CRITICAL

Applies to

Motion to set trial

A motion to set a civil case for trial must represent that the case has been mediated or will be mediated before trial, unless a motion has been filed showing that mediation does not apply.

J. In all civil cases, all motions to set a case for trial shall contain a representation that the parties have previously mediated the case or the mediation shall take place prior to the date of trial. The exception to this rule would be in those cases where a motion has been filed to show that mediation is not applicable.

CRITICAL

Applies to

Probate application

File a death certificate with every probate application, including an SEA.

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

CRITICALCivil cases

Applies to

Beneficiary notice

Each beneficiary notice must include either copies of the probated will and order or the specified gift summary and probate-case details.

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.

WARNINGCivil cases

Applies to

Fee application

Fee applications should describe the topic or purpose of each telephone or office conference.

Describe the topic or purpose for each telephone or office conference.

WARNING

Applies to

Small estate affidavit

If warranted by the facts, specified guardians or next of kin may sign and swear for an incapacitated distributee, but 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.

WARNING

Applies to

Small estate affidavit

If the decedent is survived by a spouse, minor children, or unmarried adult children who lived with the decedent, consider which assets are exempt.

If decedent is survived by a spouse, minor children, or unmarried adult children who lived with decedent, you should consider which assets are “exempt.”