Brazos County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Annual report

The Annual Report must include a sworn or affirmed statement that you paid the next reporting year’s bond premium or filed an approved cash bond.

In your Annual Report, you must swear or affirm either that you have paid your bond premium for the next reporting year or that you have filed an approved cash bond.

CRITICAL

Applies to

Guardianship ad litem certification

A person appointed as an ad litem must complete the State Bar of Texas certification and present it to County Court at Law #1.

Every person appointed to act as a guardian ad litem and/or attorney ad litem in a guardianship case must have taken and completed the Guardianship Ad Litem Certification through the State Bar of Texas and have presented such tification to County Court at Law #1.

CRITICAL

Applies to

CME

The attorney ad litem must ensure the CME is admitted at the hearing, comes from a Texas physician, and is dated within 120 days of the application.

Make sure the CME is admitted at the hearing and that it is from a Texas physician and dated within 120 days of the application.

CRITICALCivil cases

Applies to

Fee application

Fee applications must be approved in writing by the applicable guardian, trustee, parent, or responsible party, unless the Court authorizes otherwise.

4. Signature of Client/Responsible Party. Consistent with Administrative Order 2019-1 and Local Rule 4.3, the fee application must be approved in writing by the guardian of the estate or trustee, the guardian of the person (if someone other than the guardian of the estate or trustee), the parent or responsible party for a ward or trust beneficiary (if there is no guardian of the person and if there is a third party guardian of the estate or trustee) unless otherwise authorized by the Court.

CRITICAL

Applies to

Objection

An objection to a submitted document's form or substance must include the objecting party's proposed document for the court's signature.

All objections to the form or substance of a document submitted shall have the objecting party's proposed document for the court's signature attached.

CRITICALCivil cases

Applies to

Guardian of person instructions acknowledgment

The guardian or prospective guardian is asked to affirm understanding of the instructions by signing and initialing the 12 boxes, with a notarial acknowledgment provided.

I swear or affirm that I have read the preceding four pages of this document (entitled Guardian of the Person Only: Court-Ordered Instructions) and that I understand its contents. By my initials in the 12 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. Signature of person who has been or seeks to be appointed Guardian or Co-Guardian Date STATE OF TEXAS COUNTY OF BRAZOS )( This instrument was sworn or affirmed before me on by Notary Public, State of Texas Notary's Name Printed: My commission expires

CRITICAL

Applies to

Inventory

An inventory listing real property must include its legal description, any street address, and its value.

If the asset is real property, the legal description of the asset along with the street address (if one exists), must be included, along with the value of the real property.

CRITICAL

Applies to

Estate property sale or abandonment

Ward-estate property cannot be sold or abandoned without prior approval.

Property cannot be sold or abandoned without prior approval.

CRITICAL

Applies to

Guardianship order

The order must name the guardian and may not name two people as co-guardians of the person or estate unless they are married or previously appointed managing conservators; separate people may serve as guardian of the person and guardian of the estate.

h. The order states the name of the guardian and does not name two people to serve as guardian of the person or guardian of the estate unless they are married or have previously been appointed as managing conservators of the proposed ward. One person may be guardian of the person and another may be guardian of the estate.

CRITICAL

Applies to

Will

The will offered for probate must be a signed original unless the applicant follows the additional procedures for probating a copy.

(3) The will being offered for probate must be signed original, or you will need to follow the additional procedural requirements for probating a copy of a will.

CRITICALCivil cases

Applies to

Oath

Before leaving Court after the hearing, take and file a signed and sworn or affirmed Oath committing to discharge the duties of guardian faithfully.

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

CRITICAL

Applies to

Notice of setting

A Notice of Setting must state the date, hour, nature of the proceeding, and allotted hearing time.

The Notice of Setting shall state b. Contested Hearings the date, hour, nature of the trial or hearing set, and the allotted time for the hearing.

CRITICALCivil cases

Applies to

Guardianship general information form

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.

CRITICAL

Applies to

Trial exhibits

Each attorney must submit the listed exhibits to the court and opposing counsel by the scheduling-order deadline, or, if no such order is issued, by 5:00 p.m. the day before trial.

Each attorney shall submit the following exhibits to the court and opposing counsel according to the court's Scheduling Order/Docket Control Order. If no such Order is issued, then the following shall be submitted not later than 5:00 p.m. the day before commencement of trial: 1. Sworn Inventory and Appraisement; 2. Proposed Property Division; 3. Two prior years' income tax returns with all schedules and attachments; 4. Three previous month's pay stubs; 5. Proof of health and dental insurance, including the expense of the same for only the child(ren), in any, before the court; and 6. Proposed relief for that party.

CRITICALCivil cases

Applies to

Annual account

The Annual Account must include an oath or affirmation that all tax returns were filed and taxes paid, with the payment date, amount, and governmental recipient identified.

As part of your Annual Account, you must swear or affirm that you have filed all tax returns and paid all taxes due, with the date, amount paid, and name of the Governmental entity to whom the taxes were paid.

CRITICALCivil cases

Applies to

Annual account

The attorney must review and sign the Annual Account.

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

CRITICALCivil cases

Applies to

Application for administration

For applications for administration filed on or after March 1, 2024, the clerk must collect a completely filled-out case information sheet, which must be filed before the case is set for hearing.

IT IS HEREBY ORDERED that, for all applications for administration filed on or after March 1, 2024, the clerk of the court shall collect a case information sheet. No case requesting administration of a probate estate shall be set for hearing until the case information sheet is filled out completely and filed with the Clerk's Office.

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.

CRITICALCivil cases

Applies to

Final report

If the Ward dies, attach a death certificate to the Final Report.

when the Ward dies (attach a death certificate to the Final Report);

CRITICAL

Applies to

Notice of death of ward

A Notice of Death of Ward filed with a Final Annual Report and/or Final Accounting must include verification that all guardianship estate assets were transferred to the deceased Ward’s personal representative.

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

Guardian instruction acknowledgment

The person signing must swear or affirm that they read and understand the preceding five pages of the instructions.

I swear or affirm that I have read the preceding five pages of this document (entitled Guardian of the Estate: Court-Ordered Instructions) and that I understand its contents.

CRITICALCivil cases

Applies to

Annual account

The Annual Account must account for expenditures from a monthly allowance, and the guardian must keep purchase receipts unless the Court specifically orders a cash allowance for the Ward.

Although the Court sets a monthly allowance, you still must account for all such expenditures in the Annual Account, and you must keep receipts from all purchases. One exception: In the rare cases when the Court specifically orders a cash allowance for the Ward, you need not account for or keep receipts from the Ward's purchases from the cash allowance.

CRITICAL

Applies to

Guardianship order

For a guardianship based on partial incapacity, the order must state which rights the proposed ward retains, with or without supports and services.

e. If the guardianship is for partial incapacity, does the order state what rights are retained by the proposed ward with or without supports and services,

CRITICAL

Applies to

Annual account

Letters of guardianship of the estate will not be renewed without Court approval of the annual account.

Letters of guardianship of the estate will not be renewed unless the court approves the annual account.

CRITICAL

Applies to

Updated guardianship ad litem certification

Each attorney must keep the certification current and provide an updated certificate when the course is completed.

Each attorney is responsible for keeping his or her certification current and providing an updated certificate when the course is completed.

CRITICALCivil cases

Applies to

Fee application

A fee application must include an invoice itemizing time and expenses, except for an agreed attorney ad litem fee under $1,000 in an heirship or guardianship matter.

12. Itemized Invoice Should Accompany Fee Applications. Any time an attorney is making application for his or her fees to the Court, an invoice itemizing the time and expenses is required, even when the estate is solvent and the fee amount is agreed upon by all parties. However, when an attorney ad litem is appointed by the Court in an heirship or guardianship matter and the attorney ad litem’s fee is agreed upon and totals less than $1000, an invoice is not required.

CRITICAL

Applies to

Annual report

For Court approval, an annual report must be complete and cover a 12-month period beginning on the qualification date or its anniversary, unless the Court modifies that period.

The annual report must be completed in its entirety and must cover a 12-month reporting period that begins on the date or the anniversary date the guardian of the person qualifies to serve (unless otherwise modified by the Court) to be considered for approval by the Court.

CRITICAL

Applies to

Guardianship ad litem certification

An attorney acting in a guardianship case must complete the State Bar of Texas Guardianship Ad Litem Certification and present it to County Court at Law #1.

Every person acting as an attorney in a guardianship case must have taken and completed the Guardianship Ad Litem Certification through the State Bar of Texas and have presented such certification to County Court at Law #1.

CRITICAL

Applies to

Inventory

Inventories must be filed in compliance with Chapter 1154 of the Texas Estates Code.

Inventories shall be filed in compliance with Chapter 1154 of the Texas Estates Code.

CRITICAL

Applies to

Annual report

Letters of guardianship of a person will not be renewed unless the court approves the person’s annual report.

15. Letters of guardianship of a person will not be renewed unless the court approves the annual report of the person.

CRITICALCivil cases

Applies to

Annual account

If the guardian receives Social Security benefits for the Ward, the Annual Account must include the most recent Representative Payee Report filed with the SSA.

If you receive Social Security benefits on the Ward's behalf, you must attach to your Annual Account a copy of the most recent Representative Payee Report you filed with the Social Security Administration (SSA), accounting for your use of those funds. (A report to SSA is required annually.)

CRITICALCivil cases

Applies to

Court investigation report

After investigating the ward or proposed ward, the Court Investigator must file a report with the Court containing findings and conclusions.

IT IS FURTHER ORDERED that, pursuant to Section 1054.153 of the Texas Estates Code, the Court Investigator, after conducting an investigation on the ward and/or proposed ward, shall file a report with the Court containing findings and conclusions regarding the ward and/or proposed ward.

CRITICAL

Applies to

Guardianship order

e. If the guardianship is for partial incapacity, does the order state what rights are retained by the proposed ward with or without supports and services,

e. If the guardianship is for partial incapacity, does the order state what rights are retained by the proposed ward with or without supports and services,

CRITICAL

Applies to

Muniment of title application

Each applicant must be able to swear from personal knowledge that the estate has no debts other than debts secured by real-estate liens; falsely swearing that there are no creditors may result in a perjury charge.

(1) To probate a will as a muniment of title, each applicant must be able to swear on personal knowledge that there are no debts against the estate other than those secured by liens against real estate. Anyone falsely swearing that the estate has no creditors - including Medicaid estate recovery - is subject to a perjury charge.

CRITICALCivil cases

Applies to

Annual report

If you manage Ward funds other than government benefits under a Court order, you must report on their management in the Annual Report.

If, pursuant to Court order, you are managing any funds of the Ward other than government benefits, you must report on your management of those funds as part of your Annual Report.

CRITICALCivil cases

Applies to

Court ordered instructions

Before the hearing, you must read the instructions and initial all 12 designated boxes.

You must read these Court-Ordered Instructions and initial each of the 12 boxes in the margins indicating that you understand the italicized points made in the text to the right of each of the boxes.

CRITICALCivil cases

Applies to

Annual account

If the guardian handles cash assets, the Annual Account must show the year’s estate receipts and disbursements, pending claims, and the nature and extent of administered property.

If you handle cash assets, the Annual Account must show all receipts and disbursements that have occurred in the estate during the year. You must show the status of all claims pending against the estate and the nature and extent of all property currently being administered by you.

CRITICAL

Applies to

Guardianship order

d. If the guardianship is based on total incapacity, does the order give the guardian full authority over the person and/or estate?

d. If the guardianship is based on total incapacity, does the order give the guardian full authority over the person and/or estate?

CRITICALCivil cases

Applies to

Final account

To close an estate guardianship, the attorney must file, review, and sign the Final Account, which must report property and its disposition, paid and unpaid debts and reasons for nonpayment, and any property still held.

Final Account: To close the guardianship of an estate, your attorney, on your behalf, must file a Final Account. See Estates Code Sections 1204.101-1204.109. Texas law requires that your attorney must review and sign this accounting. The Final Account must show all property that has come into your hands since the last Annual Account, as well as the disposition that has been made of any such property. The Final Account must show the debts that you have paid since the last Annual Account and any debts that remain outstanding, as well as the reason for their non-payment. If any property remains in your possession, it should be fully reported and verified in the same manner as for annual accounts.

CRITICALCivil cases

Applies to

Annual report

If you receive Social Security benefits for the Ward, attach to the Annual Report a copy of your most recent SSA Representative Payee Report.

If you receive Social Security benefits on the Ward's behalf, you must attach to your Annual Report a copy of the most recent "Representative Payee Report" you filed with the Social Security Administration (SSA), accounting for your use of those funds.

CRITICALCivil cases

Applies to

Court ordered instructions

Read the Court-Ordered Instructions and initial each of the eight margin boxes.

• You must read these Court-Ordered Instructions and initial each of the 8 boxes in the margins to indicate you understand the italicized points made in the text to the right of each box.

CRITICALCivil cases

Applies to

Petition

The petitioner must attach a copy of this order to the original petition and every copy before filing.

8.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition prior to filing same with the District Clerk.

CRITICAL

Applies to

Objection

Must include

proposed order

An objection to a submitted document’s form or substance must include the objecting party’s proposed document for the court’s signature.

All objections to the form or substance of a document submitted shall have the objecting party's proposed document for the court's signature attached.

CRITICALCivil cases

Applies to

Court ordered instructions

Before the hearing, sign the instructions before a notary; the original is filed with the Clerk’s Office, and the Court provides a copy.

You must sign these Court-Ordered Instructions before a notary. The original will be filed with the Clerk's Office and put in the file; the Court will make a copy for you to keep and refer to as you serve as Guardian.

CRITICAL

Applies to

Certificate of medical examination

The CME must be admitted at the hearing, come from a Texas physician, and be dated within 120 days of the application.

Make sure the CME is admitted at the hearing and that it is from a Texas physician and dated within 120 days of the application.

CRITICAL

Applies to

Signed guardian instructions

The applicant’s attorney must review the Court’s Instructions for Guardian with the applicant and submit a signed copy at the hearing.

10. Carefully review the duties and responsibilities of the guardian contained in the Court’s Instructions for Guardian on the Court’s website with the applicant. Submit a signed copy of these instructions at the hearing.

CRITICAL

Applies to

Guardianship order

The guardianship order must specifically determine the proposed ward’s capacity to make decisions about residence, voting, driving, marriage, and purchasing or accessing firearms.

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, and to purchase or have access to firearms,

CRITICAL

Applies to

Guardianship bond

The attorney must ensure the bond complies with the order and is at least $1,000 in corporate surety unless extenuating circumstances apply; an estate guardian’s bond must approximate the estate’s personal property value plus 10%, but an approved safekeeping agreement may lower the bond amount.

11. 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. The approved safekeeping agreement can be found on the Court’s website or may be obtained by calling the court in which the case is pending.

CRITICALCivil cases

Applies to

Invoice

An invoice must include all time spent on the file, including uncharged time, marked “NO CHARGE” or “N/C.”

Include all Time. Include all time you have spent on the file, even that time for which you are not charging, and indicate such fact with the following notations: "NO CHARGE" or "N/C."

CRITICAL

Applies to

Criminal background check

Proposed guardians other than attorneys, certified guardians, or corporate fiduciaries must undergo a criminal background check.

All proposed guardians other than attorneys, certified guardians or corporate fiduciaries are subject to a criminal background check.