Brazos County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Trial setting request

A party seeking a final trial setting must 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.

CRITICAL

Applies to

Inventory

For each financial asset, the inventory must state the financial institution, the account number's last four digits, and the asset's value on the date of qualification.

Financial assets must include the name of the financial institution, last four digits of the account number, and the value of the asset on date of qualification.

CRITICAL

Applies to

Child support order

Every order submitted for court approval of child support must include an order or writ of income withholding 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.

CRITICALCivil cases

Applies to

Guardian instruction acknowledgment

The person signing must initial all eight margin boxes to affirm understanding of the corresponding italicized points.

By my initials in the 8 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

Inventory

Each inventory asset must be described in enough detail to identify its location.

Each type of asset listed must be described in sufficient detail to inform the Court of the location of the asset.

CRITICALCivil cases

Applies to

Depletion analysis and expenditure fee applications

The guardians must collaborate to file a final updated depletion analysis and ensure all parties file applications for expenditures and final fees to support an appropriate spend-down of assets.

At least three months before indigency is expected, the guardian of the person/indigent guardianship contract provider will collaborate with the guardian of the estate/trustee/financial representative to file a final updated depletion analysis, and will ensure that all parties file Applications for expenditures and final fees to ensure a proper and appropriate spend-down of assets.

CRITICAL

Applies to

Guardianship order

For a guardianship based on total incapacity, the order must 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?

CRITICAL

Applies to

Setting request

A pro se defendant or attorney of record seeking a setting must file a Setting Request with the clerk, using the provided or a substantially similar form and supplying the specified case, hearing, participant, and time-estimate information.

a. Any pro se defendant or attorney of record may obtain a setting of any contested proceeding by filing a Setting Request (furnished by the clerk, court coordinator, or in a form substantially similar to the form in Appendix). Each Setting Request shall be filed with the clerk of the court and shall specify: (1) the cause number and style of the case; (2) the nature of the hearing, trial or ruling sought; (3) the name, address and audio/video number of each attorney of record, each defendant, and the name of defendant's surety bondsman, if applicable; (4) the amount of time estimated by the requesting party to be required for such hearing for both sides. Each attorney or party is cautioned to give careful attention to the amount of time requested, as other cases may be set at the conclusion of the estimated time period.

CRITICAL

Applies to

Jbcc guardianship information submission

The applicant’s attorney must submit the listed guardianship and contact information to the JBCC through its website.

3. Submit the following information to the Judicial Branch Certification Commission via the JBCC’s website at https://jbcctexas.txcourts.gov: (a) The name, and all former names, of the proposed guardian; (b) The proposed guardian’s physical address and mailing address if different, telephone number, email address, and other contact information, if any; (c) The proposed guardian’s attorney’s physical address and mailing address if different, telephone number, email address, and other contact information; (d) The name, sex, and date of birth of the proposed ward; (e) Whether the proposed guardianship is of the person, the estate, or both; (f) Whether the proposed guardianship is based upon incapacity or minority of the proposed ward; (g) The estimated value of the liquid assets of the proposed ward’s estate; (h) The name of the court with jurisdiction over the guardianship proceeding; and (i) Whether the proposed guardian is a certified guardian, attorney or a corporate fiduciary.

CRITICAL

Applies to

Annual report

The Court will not consider an annual report for approval until its staff or designee has personally visited the person under guardianship, unless the Court approves an alternative in advance.

The annual report will not be considered for approval until the Court's staff, or person designated by the Court, has personally visited with the person under guardianship, or an alternative to a personal visit is approved by the Court in advance.

CRITICAL

Applies to

Guardianship order

The applicant’s attorney must review the guardianship order for all listed findings, capacity determinations, authority and retained-rights provisions, allowance and bond terms, guardian naming restrictions, bold Notice to Peace Officers, and discharge of the ad litem.

8. Review the order granting guardianship for the following: a. The order makes all the necessary findings, b. The order states the level of incapacity (total or partial), 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, d. If the guardianship is based on total incapacity, does the order give the guardian full authority over the person and/or estate? 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, f. If a guardianship of the estate is established, that the order sets a monthly allowance for education and/or maintenance of the proposed ward, g. The order sets the amount of bond required at a corporate surety or cash bond for the guardian of the estate in the amount of the proposed ward’s personal property plus income for one year pursuant to 1105.154, 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 managing conservators of the proposed ward. One person may be guardian of the person and another may be guardian of the estate. i. The order includes the Notice to Peace Officers in bold print, j. The ad litem is discharged.

CRITICAL

Applies to

Bond

The bond must be approved by the Court.

Make sure the court approves the bond.

CRITICALCivil cases

Applies to

Annual account

The Annual Account must include a sworn or affirmed statement that the bond premium for the next accounting period has been paid.

As part of your Annual Account, you must swear or affirm that you have paid your bond premium for the next accounting period.

CRITICALCivil cases

Applies to

Annual report

The Annual Report must include an oath or affirmation that the next reporting year's bond premium has been paid or an approved cash bond has been filed.

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.

CRITICALCivil cases

Applies to

Interim report

The guardians must collaborate to jointly file an Interim Report containing the depletion analysis, indigency projection, asset-management plan, and anticipated estate closure date.

At least six months before indigency is expected, the guardian of the person/indigent guardianship contract provider will collaborate with the guardian of the estate/trustee/financial representative and will jointly file an Interim Report to the appropriate Court to include a financial depletion analysis and projection of when indigency will occur, describe how the remaining assets will be managed, and indicate the anticipated closure date of the estate.

CRITICAL

Applies to

Personal information sheet

The applicant must complete a personal information sheet for submission at the hearing; the sheet is retained by the Guardianship Attorney for the County Courts at Law and is not placed in the court file.

9. Have the applicant fill out a personal information sheet and submit it at the hearing. The personal information form can be found on the Court’s website or may be obtained by calling the court in which the case is pending. The personal information sheet will be kept by the Guardianship Attorney for the County Courts at Law and will not be placed in the Court’s file.

CRITICAL

Applies to

Report

The guardian ad litem must file a report detailing work done, addressing the appointing order’s requirements, and including other information that may benefit the Court.

File a report for the court detailing what you have done in the case and addressing the requirements outlined in the order appointing guardian ad litem and any other information that may be of benefit to the Court.

CRITICAL

Applies to

Setting request

A Setting Request must be filed with the clerk and state the case number and style, proceeding or ruling sought, 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

Report

The ad litem must file a report detailing actions taken for the client and expressing the client’s wishes and preferences.

File a report for the court detailing the actions you have taken on behalf of your client expressing your client’s wishes and preferences.

CRITICALCivil cases

Applies to

Annual account

The Annual Account must include a sworn or affirmed statement about tax filings and payments, including the payment date, amount, and government entity.

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.

CRITICAL

Applies to

Inventory

Each listed asset must be described in enough detail to inform the Court where it is located.

Each type of asset listed must be described in sufficient detail to inform the Court of the location of the asset.

CRITICAL

Applies to

Temporary orders hearing exhibits

Each party must prepare or present the listed financial, tax, pay, insurance, and proposed-relief exhibits before a Temporary Orders hearing begins.

Regardless of the issues presented, each party shall prepare or present the following exhibits for each Temporary Orders prior to the commencement of the hearing. a. Financial Information Statement: b. Two prior years' income tax returns with all schedules and attachments; c. Three previous months' pay stubs; d. Proof of health and dental insurance, including expense of same for only the child(ren), in any, before the court; and e. Proposed relief for that party.

CRITICAL

Applies to

Guardianship filing

Untimely filing of the guardian's oath, bond, or inventory results in dismissal without notice and requires a new guardianship case.

Failure to timely file the guardian's oath, bond or inventory will result in the dismissal of the guardianship without notice by the court and will necessitate the filing of a new guardianship case.

CRITICALCivil cases

Applies to

Annual account

Cash and securities must be verified by an appropriate letter or certificate; an ending-date bank statement suffices for bank accounts.

Any cash or securities in your possession or held by any bank or depository must be verified by an appropriate letter or certificate. The bank statement dated on the ending date of the accounting period will suffice for bank accounts.

CRITICALCivil cases

Applies to

Court ordered instructions

Sign the Court-Ordered Instructions before a notary.

You must sign these Court-Ordered Instructions before a notary.

CRITICAL

Applies to

Guardianship order

The order must set the guardian of the estate’s required corporate-surety or cash bond at the amount of the proposed ward’s personal property plus one year’s income, pursuant to section 1105.154.

g. The order sets the amount of bond required at a corporate surety or cash bond for the guardian of the estate in the amount of the proposed ward’s personal property plus income for one year pursuant to 1105.154,

CRITICAL

Applies to

Inventory

Personal property must be listed and valued in the inventory.

Personal property must be listed and valued.

CRITICALCivil cases

Applies to

Request for hearing

A setting request must be filed with every request for a hearing before the Court.

IT IS FURTHER ORDERED that all requests for hearing before the Court must have a setting request filed with the request for hearing.

CRITICALCivil cases

Applies to

Property delivery receipts

After the remaining property is delivered, file with the Court receipts signed by each person who received property.

You will need to obtain receipts, because once this delivery has been completed, receipts signed by each person who received the property must be filed with the Court.

CRITICALCivil cases

Applies to

Initial report

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

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

CRITICAL

Applies to

Annual account

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

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

CRITICALCivil cases

Applies to

Final account

The Final Account must list debts paid since the last Annual Account, outstanding debts, and the reason any outstanding debt remains unpaid.

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.

CRITICALCriminal cases

Applies to

Written acknowledgement

Court-appointed attorneys must return a written acknowledgement that they read the attached document.

All court appointed attorneys must return the attached written acknowledgement of having read the attached document to Brazos County Associate Court #1 by August 30, 2024.

CRITICAL

Applies to

Annual accounting

The first annual accounting must begin with the inventory assets, and each later accounting must begin with the prior accounting's final assets.

A first annual accounting must begin with the assets reported in the guardian's inventory, and each subsequent accounting must begin with the final assets reported in the prior accounting.

CRITICAL

Applies to

JBCC guardianship information submission

The applicant’s attorney must submit the listed guardian, attorney, ward, guardianship, estate, court, and fiduciary information to the JBCC through its website.

Submit the following information to the Judicial Branch Certification Commission via the JBCC's website at https://ibcctexas.txcourts.gov: (a) The name, and all former names, of the proposed guardian; (b) The proposed guardian's physical address and mailing address if different, telephone number, email address, and other contact information, if any; (c) The proposed guardian's attorney's physical address and mailing address if different, telephone number, email address, and other contact information; (d) The name, sex, and date of birth of the proposed ward; (e) Whether the proposed guardianship is of the person, the estate, or both; (f) Whether the proposed guardianship is based upon incapacity or minority of the proposed ward; (g) The estimated value of the liquid assets of the proposed ward's estate; (h) The name of the court with jurisdiction over the guardianship proceeding; and (i) Whether the proposed guardian is a certified guardian, attorney or a corporate fiduciary.

CRITICAL

Applies to

Answer

The ad litem must file an answer.

File an answer.

CRITICAL

Applies to

Setting request

Must include

case number

A Setting Request must be filed with the clerk and include the case number and style, the proceeding sought, specified contact information for attorneys and defendants and any surety bondsman, and the estimated time required for both sides.

Each Setting Request shall be filed with the clerk of the court and shall specify: (1) the cause number and style of the case; (2) the nature of the hearing, trial or ruling sought; (3) the name, address and audio/video number of each attorney of record, each defendant, and the name of defendant's surety bondsman, if applicable; (4) the amount of time estimated by the requesting party to be required for such hearing for both sides.

CRITICALCivil cases

Applies to

Fee application

Must include

certificate of service

If there is no agreement as indicated above, counsel must include a certificate of service to all parties with the filed fee application.

Absent agreement as indicated above, counsel must include a certificate of service to all parties on a filed fee application.

CRITICAL

Applies to

Guardianship hearing setting request

Proof of completed guardianship training must accompany the request to set the application 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

Property delivery receipts

After the remaining property is delivered, obtain receipts signed by each recipient and file them with the Court.

You will need to obtain receipts, because once this delivery has been completed, receipts signed by each person who received the property must be filed with the Court.

CRITICALCivil cases

Applies to

Annual account

The Annual Account must be detailed, include your sworn or affirmed affidavit that it is true and correct, and be reviewed and signed by your attorney.

Each year within 60 days of the anniversary of the date you qualified as Guardian, your attorney, on your behalf, must file a detailed Annual Account, attaching an affidavit in which you swear or affirm that the Annual Account is true and correct. Texas law requires that your attorney must review and sign this accounting.

CRITICAL

Applies to

Guardianship order

The applicant’s attorney must review whether the order names the guardian and avoids naming two guardians of the person or estate unless they are married or managing conservators of the stated category, which is cut off in the excerpt.

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 managing conservators of the

CRITICAL

Applies to

Guardianship order

The guardianship order must include the Notice to Peace Officers in bold print.

i. The order includes the Notice to Peace Officers in bold print,

CRITICAL

Applies to

Annual accounting

An accounting of financial activity must show opening and closing balances, total deposits with a detailed deposit schedule, and total expenditures with a detailed expenditure schedule.

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 prises the total sum of expenditures, and a final balance for that account at the end of the accounting period.

CRITICALCivil cases

Applies to

Final account

When an estate guardianship is ready to close, the attorney must file a Final Account on the guardian’s behalf as the first step.

When the guardianship of an estate is ready to be closed, the first step is for your attorney, on your behalf, to file a Final Account.

CRITICAL

Applies to

Guardianship order

a. The order makes all the necessary findings,

a. The order makes all the necessary findings,

CRITICAL

Applies to

Annual or final accounting

The guardian must request a bond adjustment consistent with the reported estate assets and, for a final accounting, must request bond discharge and a cash-bond refund if a cash bond was filed with the County Clerk.

The Guardian must request adjustment of the bond consistent with the reported assets of the estate, and in the event of a final accounting, must request discharge of the guardian’s bond and a refund of a cash bond to the guardian if a cash bond is filed with the county clerk

CRITICAL

Applies to

Will

The will must be self-proved unless the applicant follows the additional procedural requirements for proving a will in court.

(4) The will must beiself- proved", or you will need to follow additional procedural requirements for proving up a will in court.

CRITICAL

Applies to

Affidavit

The applicant’s attorney must file an affidavit showing proof of delivery of required notices.

2. File an affidavit with proof of deliver of required notices.

CRITICAL

Applies to

Temporary orders hearing exhibits

Before a Temporary Orders hearing, each party must prepare or present a Financial Information Statement, two years of tax returns with attachments, three months of pay stubs, child-related health and dental insurance proof, and proposed relief.

Regardless of the issues presented, each party shall prepare or present the following exhibits for each Temporary Orders prior to the commencement of the hearing. a. Financial Information Statement: b. Two prior years' income tax returns with all schedules and attachments; c. Three previous months' pay stubs; d. Proof of health and dental insurance, including expense of same for only the child(ren), in any, before the court; and e. Proposed relief for that party.