Bexar County Courts at Law Document Filing Requirements

WARNINGCivil cases

Applies to

Discharge of attorney ad litem

The checklist calls for discharging the Attorney Ad Litem.

__ Discharging Attorney ad Litem

WARNINGCivil cases

If a disinterested witness is unavailable, state the circumstances.

In the event a disinterested witness is simply not available, pleases state the circumstances.

WARNINGCivil cases

Applies to

Posting

The posting must use the correct title.

Posting with correct title.

WARNING

Applies to

Attorney unavailability notice

1. The Court receives a letter, in compliance with Local Rules, notifying the Court that the attorney will be unavailable, this notification should include the defendant's name, cause number and an explanation of the reason for unavailability. This notice is subject to the requirements of the Local Rules pertaining to Vacation Notices and the requirements for Motion(s) for Continuance.

1. The Court receives a letter, in compliance with Local Rules, notifying the Court that the attorney will be unavailable, this notification should include the defendant's name, cause number and an explanation of the reason for unavailability. This notice is subject to the requirements of the Local Rules pertaining to Vacation Notices and the requirements for Motion(s) for Continuance.

WARNINGCivil cases

Applies to

Client administrator instructions

The attorney must provide the client with the applicable independent-administrator guide or dependent-administrator instructions.

Attorney provided their client with a copy of “A Guide for the Texas Independent Administrator” or “Court Instructions for Dependent Administrator” (Forms are located on the PC2 Website)

WARNINGCivil cases

Applies to

Citation

Citation should state the person's name if known.

Citation should state the name if known.

WARNING

Applies to

Request for oral hearing

A party may file a Request for Oral Hearing alongside its motion or response, explaining why written submission is insufficient, but filing the request does not guarantee a hearing.

Party Request: A party may request an oral hearing by filing a "Request for Oral Hearing" alongside their motion or response. This request must state why a written submission is insufficient. The mere filing of a request does not guarantee an oral hearing will be granted.

WARNINGCivil cases

Applies to

Small estate affidavit

Use additional pages as needed for the asset list and note when the list continues on another page.

Use additional pages as necessary. (Continue list as necessary. If list is continued on another page, please note.)

WARNINGCivil cases

Applies to

Fee application

A fee application seeking reimbursement for copying costs must state the charge per page and the number of copies.

In no case, however, will the Court pay any copying costs not accompanied by a statement of the charge per page and the number of copies.

WARNINGCivil cases

Applies to

Small estate affidavit

If there are no liabilities or debts, write “none.”

If none, write "none."

WARNINGCivil cases

State the circumstances if a disinterested witness is unavailable.

In the event a disinterested witness is simply not available, pleases state the circumstances.

WARNINGCivil cases

Applies to

Checklist

Cross through checklist actions that do not apply.

Please cross through actions that do not apply.

WARNINGCivil cases

Applies to

Annual or final account

If the attorney believes the statutory compensation is unreasonably low, the attorney should submit contemporaneous records of the fiduciary services with the annual or final account when seeking additional hourly compensation.

Should the attorney believe the statutory compensation formula as applied to a particular estate or guardianship is unreasonably low (see Estates Code §§ 352.003 and 1155.006), then he or she should submit, with the annual or final account, contemporaneous time records of the fiduciary services for which additional hourly compensation is requested above the statutory fee.

WARNINGCivil cases

Applies to

Invoice

If it’s not clear form the invoice for whom the time is being billed, please include a Legend to indicate the name of the timekeeper, initials of the timekeeper, whether the timekeeper is an attorney or paralegal, and the years of probate experience of the timekeeper.

If it’s not clear form the invoice for whom the time is being billed, please include a Legend to indicate the name of the timekeeper, initials of the timekeeper, whether the timekeeper is an attorney or paralegal, and the years of probate experience of the timekeeper.

WARNING

Applies to

Accommodation request

An accommodation request should specify the preferred mode of communication, such as ASL, Signed English, oral interpretation, or CART.

The request should specify the preferred mode of communication (e.g., American Sign Language (ASL), Signed English, Oral Interpretation, or Communication Access Real-time Translation (CART) services).

WARNINGCivil cases

Applies to

Fee application

To assist the Court in determining a particular lawyer’s hourly rate, each attorney who is new to the practice of probate or guardianship law before the Court should submit his or her resume with that lawyer’s first fee application.

To assist the Court in determining a particular lawyer’s hourly rate, each attorney who is new to the practice of probate or guardianship law before the Court should submit his or her resume with that lawyer’s first fee application.

WARNINGCivil cases

Applies to

Statement regarding heirs

If a disinterested witness is unavailable, state the circumstances.

In the event a disinterested witness is simply not available, pleases state the circumstances.

WARNINGCivil cases

Applies to

Letter

An attorney seeking a rate increase should submit a letter to the Court explaining why the increase is appropriate.

Similarly, an attorney who believes that his or her experience before the Court qualifies for a rate increase should submit a letter to the Court detailing the reasons that such an increase is appropriate.

WARNINGCivil cases

Applies to

Letters of administration

You may order letters of administration after filing the oath and obtaining approval of any required bond.

You may order your letters of administration after you have taken and filed the oath and have had your bond approved, if a bond is required.

WARNINGCivil cases

Applies to

Fee application

If a fee application combines multiple legal services in one entry, the Court may determine the time for each service or require an amended application with that information.

If the application lists a series of legal services as one entry, the Court may determine how long each service took, or the attorney may be required to file an amended application with this information. Block billing is a practice whereby time entries contain several unrelated items with a single cumulative time and amount, rather than complete itemization.

WARNINGCivil cases

Applies to

Paralegal reimbursement submission

The Court requests a resume for each paralegal or legal assistant whose work is submitted for reimbursement, together with a short statement of relevant qualifications not on the resume.

To better evaluate these factors in determining the appropriate rate for each paralegal/legal assistant, the Court requests that attorneys submit to the Court the resumes of each paralegal/legal assistant for whose work they will seek reimbursement from the Court and a short statement of any relevant qualifications that do not appear on the resume.

WARNINGCivil cases

Applies to

Attorney fee application

Applications for attorney’s fees should give a detailed account of the legal services the attorney-fiduciary rendered to the probate or guardianship estate.

Applications for attorney’s fees should give a detailed account of the legal services the attorney-fiduciary rendered to the probate or guardianship estate.

WARNINGCivil cases

Applies to

Fee application and proposed order

The title (or subtitle) of both the application and the proposed order should indicate the time period covered by the bill. For example, “Order Approving Attorney Fees, March 1, 2017 to March 31, 2017.”

The title (or subtitle) of both the application and the proposed order should indicate the time period covered by the bill. For example, “Order Approving Attorney Fees, March 1, 2017 to March 31, 2017.”

WARNING

Applies to

Application to probate will as muniment of title

If the Decedent applied for and received Medicaid benefits, the application should explain whether any MERP claim has been waived or otherwise satisfied.

If the Decedent did apply for and receive Medicaid benefits, the application should explain whether any claim of the Texas Medicaid Estate Recovery Program (MERP), or its successor entity, has been waived or otherwise satisfied.

WARNINGCivil cases

Applies to

Combined filing

If the affidavit or certificate is combined with another filing, the document title must identify both the Notice to Beneficiaries and the other included material.

However, if you combine the affidavit or certificate with the Inventory of the Affidavit in Lieu of Inventory (see below) or any other filing, 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.

WARNING

Applies to

Pre trial order

In complex contested matters, the Court may require a comprehensive pre-trial order under Texas Rule of Civil Procedure 166.

In complex contested matters, the Court may require a comprehensive Pre-Trial Order in accordance with Rule 166 of the Texas Rules of Civil Procedure.

WARNINGCivil cases

Applies to

Letters testamentary

You may order letters testamentary after filing the oath and, if required, obtaining bond approval.

You may order your letters testamentary after you have taken and filed the oath and have had your bond approved, if a bond is required.

WARNINGCivil cases

Applies to

Fee application

To receive reimbursement at the Clerk’s rate for copies made by the Clerk’s office, the fee application should indicate that fact.

Copies made by the Clerk’s office will be reimbursed at the rate charged by the Clerk if the fee application indicates this fact.

WARNINGCriminal cases

Applies to

Voucher

Counsel may select only one flat-fee case disposition on each voucher.

Counsel may select only one flat fee case disposition per voucher.

WARNINGCivil cases

Applies to

Fee request

Fee requests should be filed as applications for payment or reimbursement, rather than as claims against the estate.

Fee requests should be filed as applications for payment of fees or for reimbursement of fees (if already paid by the representative) and not as claims against the estate.

WARNINGCivil cases

Applies to

Small estate affidavit

Use additional pages as needed for the liabilities list and note when it continues on another page.

(Continue list as necessary. If list is continued on another page, please note.)

WARNINGCivil cases

Applies to

Letter

If an attorney believes that the billing rate for a paralegal or legal assistant should increase because of newly acquired credentials, the attorney should submit a letter to the Court detailing the reasons that such an increase is appropriate.

If an attorney believes that the billing rate for a paralegal or legal assistant should increase because of newly acquired credentials, the attorney should submit a letter to the Court detailing the reasons that such an increase is appropriate.

WARNINGCriminal cases

Applies to

Documents produced

Documents and bench notes from the sample’s folder or file must be segregated from other produced documents.

2. All documents and bench notes contained within the folder or file for the sample in this case, including a copy of any note or notation on the sample folder or file. These documents shall be segregated from all other documents produced.

INFOCivil cases

Applies to

Bond

A bond generally is not required for an Independent Administrator.

Generally, a bond is not required for an Independent Administrator.

INFO

Applies to

Small estate affidavit

Additional pages may be included when needed to provide more information.

If needed, include extra pages to provide additional information.

INFO

Applies to

Small estate affidavit

If a financial institution will not provide a precise value, you may seek an approximate amount or range that could be sufficient for approval.

If a financial institution will not provide a precise value, you might be able to get the institution to provide an approximate amount or a range that would be sufficient to allow an SEA to be approved.

INFOCivil cases

Applies to

Application

The Court urges attorneys to include a proposed order with each application and pay the fee for a copy of the signed order.

Moreover, the Court urges adherence to the common practice of including a proposed order with all applications and paying the fee for a copy of the signed order.

INFOCriminal cases

Applies to

Itemized voucher

Counsel may submit itemized vouchers to the respective County Court Judge.

Itemized vouchers may also be submitted to the respective Judge of the County Court where the case was heard through disposition.

INFOCivil cases

Applies to

Small estate affidavit

Sister-and-brother information is not needed if the Decedent was survived by both parents or by children, grandchildren, or great-grandchildren.

The following information about Decedent's sisters and brothers is not needed if Decedent was survived by both parents or by children, grandchildren, or great-grandchildren.

INFOCivil cases

Applies to

Bond

A bond is generally not required for an Independent Administrator with Will Annexed.

Generally, a bond is not required for an Independent Administrator with Will Annexed.

INFOCivil cases

Applies to

Small estate affidavit

If the Decedent was survived by children, grandchildren, or great-grandchildren, Family History #4 and #5 need not be answered; skip to L after #5.

If Decedent was survived by any children, grandchildren, or great-grandchildren, you do not need to answer Family History #4 about Parents or Family History #5 about Sisters and Brothers. You may skip to "L" (following #5).