Brazos County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Court document

After a ruling, the attorney directed to do so must prepare the document for entry in duplicate originals.

After a ruling, the attorney directed shall prepare the form of the document to be entered in duplicate originals.

CRITICAL

Applies to

Annual report

The annual report must comply with Texas Estates Code §1163.101 et seq.

The annual report must be in compliance with Texas Estates Code §1163.101et seq.

CRITICAL

Applies to

Guardianship order

c. The order specifically determines the proposed ward's capacity to make decisions on residence, vote in a public election, drive a vehicle and consent to marriage,

c. The order specifically determines the proposed ward's capacity to make decisions on residence, vote in a public election, drive a vehicle and consent to marriage,

CRITICALCivil cases

Applies to

Fee application

A fee application must indicate the accounting period in its title or prominently in its body.

Period of Accounting. Indicate the period covered by application in the title or prominently in the body.

CRITICAL

Applies to

Inventory appraisal

If the Court requests it, personal property worth more than $10,000 individually or cumulatively must be appraised, and the appraisal must be submitted to the Court.

If requested by the Court, personal property with a value in excess of $10,000.00, either individually or cumulatively, must be appraised with the appraisal submitted to the Court.

CRITICAL

Applies to

Guardianship bond

The applicant’s attorney must ensure that the court approves the guardian’s bond.

13. Make sure the guardian has filed an Oath within 20 days of the date the order granting guardianship is signed by the judge. Make sure the court approves the bond.

CRITICAL

Applies to

Fee payment order

A separate fee-payment order must be submitted apart from the order appointing the guardian.

Submit an order for payment of fees separate from the order appointing guardian.

CRITICALCivil cases

Applies to

Inventory

Your attorney must review and sign the inventory.

Texas law requires your attorney to review and sign this inventory.

CRITICAL

Applies to

Investment plan

Investments other than federally insured bank accounts and government bonds require a Court-approved investment plan.

Any investment other than in federally insured bank accounts and government bonds require an investment plan that is approved by the Court within 180 days after the guardian's qualification.

CRITICALCivil cases

Applies to

Oath

The filed Oath must be signed and sworn or affirmed, committing the Guardian to discharge the duties faithfully.

• You must file your Oath - your signed and sworn (or affirmed) commitment to "discharge faithfully the duties of guardian."

CRITICALCivil cases

Applies to

Annual account

The Annual Account must include an attached affidavit in which the guardian swears or affirms that it is true and correct.

attaching an affidavit in which you swear or affirm that the Annual Account is true and correct.

CRITICAL

Applies to

Motion to substitute or withdraw

The applicant’s attorney remains attorney of record unless a substitution or withdrawal motion is filed and approved, or the specified death notice and approved final filing are submitted with verification of the asset transfer.

The applicant’s attorney shall remain the attorney of record unless: a. A motion to substitute is filed and approved by the Court, b. A motion to withdraw is filed and approved by the Court, or c. A Notice of Death of Ward is filed along with a Final Annual Report and/or a Final Accounting approved by the Court. A verification of the transfer of all guardianship estate assets to the personal representative of the deceased Ward shall be included.

CRITICALCivil cases

Applies to

Final report

You must file a Final Report when the guardianship is ready to be closed.

When the guardianship is ready to be closed, you must file a Final Report.

CRITICALCivil cases

Applies to

Guardianship general information form

You must fill out the Guardianship General Information form for the Court's internal files.

You must fill out the Guardianship General Information form for the Court's internal files.

CRITICALCivil cases

Applies to

Annual report

The Annual Report must cover a 12-month reporting period beginning on the date the guardian qualifies.

Texas law requires you - as a Guardian of the Person - to file a report each year that covers a 12-month reporting period, with the reporting period beginning on the date you qualify to serve as Guardian.

CRITICAL

Applies to

Motion to withdraw

An attorney may withdraw only after presenting a motion to withdraw and obtaining an order granting leave.

No attorney of record shall be permitted to withdraw from any case without presenting a motion to withdraw and obtaining from the court an order granting leave to withdraw.

CRITICALCivil cases

Applies to

Annual accounting and attorney fee application

Annual accountings and attorney-fee applications filed in guardianship cases must have written approval from the applicable guardian, parent, or responsible party.

IT IS HEREBY ORDERED that all Annual Accountings and Applications for Payment of Attorney Fees file in guardianship cases with the Brazos County Clerk must be approved in writing by the guardian of the estate, the guardian of the person, if there is a management trust, or the parent of a child, or the responsible party for a child, under guardianship or who is a beneficiary of the trust.

CRITICAL

Applies to

Inventory

If the Court requests it, personal property worth more than $10,000 individually or cumulatively must be appraised and the appraisal submitted to the Court.

If requested by the Court, personal property with a value in excess of $10,000.00, either individually or cumulatively, must be appraised with the appraisal submitted to the Court.

CRITICAL

Applies to

Fee payment order

The guardian ad litem must submit an order for payment of fees separately from the order appointing the guardian.

Submit an order for payment of fees separate from the order appointing guardian.

CRITICALCivil cases

Applies to

Annual accounting and attorney fee application

The court will not act on annual accountings or attorney-fee applications in guardianship cases unless the required written approval is provided.

Annual Accountings and Applications for Payment of Attorney Fees filed in guardianship cases will not be acted on without the written approval outlined above

CRITICALCivil cases

Applies to

Initial report

You must file the Initial Report before leaving Court after the hearing.

You must file your Initial Report on the Condition and Well-Being of the Ward.

CRITICAL

Applies to

Setting request

A Setting Request must be filed with the clerk and specify the case, requested proceeding or ruling, contact details for each attorney or pro se party, and estimated hearing time for both sides.

Each Setting Request shall be filed with the clerk of the court, who shall promptly transmit the setting request to the Court Coordinator of the appropriate court. Each Setting Request shall specify: (a) the cause number and style of the case; (b) the nature of the hearing, trial or ruling sought; (c) the name, mailing address, email address, and telephone number of each attorney of record or party pro se; (d) the amount of time estimated by the requesting party to be required for such hearing for both sides.

CRITICAL

Applies to

Final trial setting request

A final trial setting requires the requesting party to file a written request using a Setting Request form.

Cases will be set for final trial upon written request filed by the requesting party using a Setting Request form.

CRITICALCivil cases

Applies to

Invoice

Justify Extraordinary Efforts. If you believe that the time you have spent on an activity may be perceived as excessive, include a statement in brackets at the end of the entry as to why such extraordinary time was justified.

Justify Extraordinary Efforts. If you believe that the time you have spent on an activity may be perceived as excessive, include a statement in brackets at the end of the entry as to why such extraordinary time was justified.

CRITICALCivil cases

Applies to

Fee application

Counsel seeking payment in an indigent guardianship case must file the county voucher form with the fee application.

Counsel seeking payment of indigent fee applications in indigent guardianship cases must also file the county voucher form with the fee application (voucher is available on the Brazos County Courts at Law websites).

CRITICAL

Applies to

Guardianship order

The guardianship order must discharge the ad litem.

j. The ad litem is discharged.

CRITICAL

Applies to

Child support order

Every child-support order submitted for court approval must be accompanied by an income-withholding order or writ as provided by law.

Every order submitted to the court for approval of child support shall be accompanied with an order or writ of income withholding as provided by law.

CRITICAL

Applies to

Notice of death of ward

The applicant's attorney remains attorney of record unless the Court approves a substitution or withdrawal motion, or the specified death notice and approved final filings are submitted with verification of asset transfer.

The applicant's attorney shall remain the attorney of record unless: a. A motion to substitute is filed and approved by the Court, b. A motion to withdraw is filed and approved by the Court, or c. A Notice of Death of Ward is filed along with a Final Annual Report and/or a Final Accounting approved by the Court. A verification of the transfer of all guardianship estate assets to the personal representative of the deceased Ward shall be included.

CRITICAL

Applies to

Annual accounting

For financial account activity, the accounting must state each account’s beginning balance, total deposits and a separate schedule of each deposit, total expenditures and a separate schedule of each expenditure, and the ending balance.

When accounting for financial account activity, the accounting must 1) specify the balance in each account at the beginning of the accounting period, 2) the total deposits in each account with a separate schedule enumerating each deposit that comprises the total sum of deposits, 3) the total expenditures in each account with a separate schedule enumerating each expenditure that comprises the total sum of expenditures, and a final balance for that account at the end of the accounting period.

CRITICALCivil cases

Texas law requires that your attorney must review and sign this accounting.

Texas law requires that your attorney must review and sign this accounting.

CRITICALCivil cases

Applies to

Guardian acknowledgment

The guardian or prospective guardian must initial the 13 margin boxes to affirm understanding of the italicized points beside them.

By my initials in the 13 boxes in the margins of this document, I specifically affirm that I understand the italicized points made in the text to the right of each of the boxes.

CRITICAL

Applies to

Motion to withdraw

An attorney of record must present a motion to withdraw and obtain a court order granting leave before withdrawing.

No attorney of record shall be permitted to withdraw from any case without presenting a motion to withdraw and obtaining from the court an order granting leave to withdraw.

CRITICAL

Applies to

Bond

The bond must comply with the Court's order and generally be a corporate surety bond of at least $1,000; an estate bond is based on the estate's personal-property value plus 10%, subject to the stated exceptions and safekeeping option.

Make sure the bond complies with the court's order. Bonds must be a minimum $1,000.00 corporate surety bonds unless extenuating circumstances apply. Bonds for a guardian of the estate must be the approximate value of the personal property of the estate plus 10%. A safekeeping agreement may be used to lower the amount of the bond required to be posted.

CRITICAL

Applies to

Setting request

Proof of completed guardianship training must accompany the setting request for the guardianship hearing.

Proof of completion of the training must be provided at the time the setting request for the hearing on the guardianship application is submitted.

CRITICALCivil cases

Applies to

Annual report

The Annual Report must answer every form question, cover the listed information and visits, and be declared true and correct under penalty of perjury when signed.

In your Annual Report, you must answer each of the questions on the Report form, including information concerning the Ward's physical welfare, well-being, progress in education (if pertinent), and income. You also will note how many times you visited the Ward in person, and, when you sign the Report, you will declare under penalty of perjury that the Report is true and correct.

CRITICAL

Applies to

Jury setting request

A civil case may not be set for jury trial unless a jury setting request is filed and the proper jury fee is paid at least 30 days before the date the case is set for bench trial.

No civil case shall be set for a jury trial unless a jury setting request is filed and the proper jury fee is paid not later than thirty (30) days before the date the case is set for bench trial.

CRITICALCivil cases

Applies to

Annual guardianship filings

Each year, the guardian must file an Annual Report and the attorney must file a detailed Annual Account on the guardian’s behalf.

5. EVERY YEAR within 60 days of the anniversary of the date of you qualified as Guardian, two pleadings must be filed: (1) you must file an Annual Report ("Report on the Condition and Well-Being of a Ward"), and (2) your attorney, on your behalf, must file a detailed Annual Account.

CRITICALCivil cases

Applies to

Investment plan application

The investment-plan application must be a written application seeking approval of an investment plan for estate assets, unless the stated statutory-plan exception applies.

Within 180 days of the date you qualify, your attorney, on your behalf, must file a written application for approval of an investment plan for estate assets - unless you invest those funds according to the investment plan in Estates Code Section 1161.003 (see paragraph below).

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must include a certificate stating the client's last known address.

No motion to withdraw will be entertained by the court unless it includes a certificate of the client's last known address.

CRITICAL

Applies to

CME

The applicant’s attorney must admit the CME at the hearing; it must be from a Texas physician who examined the proposed ward and be dated no earlier than 120 days before the application is filed.

Admit the CME at the hearing and insure that it is from a Texas physician who has examined the proposed ward and is not dated earlier than 120 days before the filing of the application.

CRITICALCivil cases

Applies to

Fee application

When fees are sought from an estate managed by a fiduciary other than an independent administration, all counsel must submit a separate fee application and order, which should not be embedded in another filing.

14. A separate fee application and order must be submitted by all counsel if fees are requested to be paid from an estate managed by a fiduciary other than an independent administration. The fee request and order should not be embedded in an order or any other pleading.

CRITICAL

Applies to

Inventory

Personal property must be listed and valued in the inventory.

Personal property must be listed and valued.

CRITICAL

Applies to

Fee order

The ad litem must submit a separate fee order regardless of who is responsible for payment.

A separate fee order must be submitted by the ad litem regardless of who is responsible for payment.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must include a certificate stating the client's last known address.

No motion to withdraw will be entertained by the court unless it includes a certificate of the client's last known address.

CRITICALCivil cases

Applies to

Guardianship closure filings

Closing a guardianship of the person and estate requires filing a Final Report, attaching a death certificate if applicable, and filing a Final Account.

To close a guardianship of the person and estate, you will need to file both a Final Report (with death certificate attached, if applicable) and a Final Account.

CRITICAL

Applies to

Annual report

The annual report must comply with Texas Estates Code §1163.101 et seq.

The annual report must be in compliance with Texas Estates Code §1163.101 et seg.

CRITICALCivil cases

Applies to

Initial report on condition and well being of ward

File the Initial Report on the Condition and Well-Being of the Ward before leaving Court after the hearing.

You must file your Initial Report on the Condition and Well-Being of the Ward.

CRITICALCivil cases

Applies to

Allowance application

The allowance application must request a monthly or annual allowance from guardianship funds for the Ward's education and maintenance and the maintenance of the Ward's property, subject to the stated exceptions.

Within 30 days of the date you qualify, your attorney, on your behalf, must file an application requesting a monthly or annual allowance to be expended from guardianship funds for the education and maintenance of the Ward and the maintenance of the Ward's property - unless an allowance was ordered at the time you were appointed Guardian or such an allowance is inappropriate.

CRITICALCivil cases

Applies to

Inventory

The inventory should reflect the fair market values of the assets as of the date of your appointment and must be verified by your sworn or affirmed affidavit.

The inventory should reflect the fair market values of the assets as of the date of your appointment and must be verified by your sworn or affirmed affidavit.

CRITICAL

Applies to

Accounting supporting documentation

Accounting support documentation must not be filed with the County Clerk and must instead be delivered to the court where the case is pending.

Supporting documentation for the accounting is not to be filed with the County Clerk. Documentation is to be delivered to the court in which the case is pending.