Brazos County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Report

Receipt of qualifying funds or property must be reported to the Court.

If the Ward receives any funds or property with a value over $2,000, other than government benefits, you must report receipt of the funds or property to the Court within 30 days.

CRITICAL

Applies to

Guardianship order

b. The order states the level of incapacity (total or partial),

b. The order states the level of incapacity (total or partial),

CRITICAL

Applies to

Guardianship attorney 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

Guardianship order

If an estate guardianship is established, the applicant’s attorney must review whether the order sets a monthly allowance for the proposed ward’s education and/or maintenance.

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,

CRITICALCivil cases

Applies to

Annual account

If the guardian handles cash assets, the Annual Account must report the year's receipts and disbursements, pending claims, and property being administered.

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.

CRITICALCivil cases

Applies to

Competency application

If the Ward has regained competency, submit an application to have the Ward declared competent with a sufficient medical certificate, and obtain a hearing and Court order regarding competency.

If the Ward has regained competency, you will also need an application seeking to have the Ward declared competent (with a sufficient medical certificate), along with a hearing and a Court order regarding competency.

CRITICALCivil cases

Applies to

Original petition

Before filing, the Petitioner must attach a copy of this order to the Original Petition and each copy of the petition.

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

Inventory

For real property, the inventory must include its legal description, its street address if one exists, 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

Guardian ad litem certification

Appointed guardians ad litem and attorneys ad litem must complete and present the State Bar certification to County Court at Law #1; receipt is required for placement on the approved list and eligibility for appointments.

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 certification to County Court at Law #1. County Court at Law #1 shall maintain the list of qualified ad litems for the County Courts at Law in Brazos County. Only after the certification is received will the attorney be placed on the approved list of ad litems and be eligible for appointments from the County Courts.

CRITICALCivil cases

Applies to

Annual account

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

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.

CRITICALCivil cases

Applies to

Final account

The guardian of the estate, trustee, or financial representative must file a final account after certification of indigency.

The guardian of the estate/trustee/financial representative will promptly file a final account no later than 60 days after certification of indigency.

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

Annual report and annual accounting

Annual Reports and Annual Accounts must be filed as separate documents, and each must have its own order.

Annual Reports and Annual Accounts are filed as two separate documents and each document requires it’s own order.

CRITICALCivil cases

Applies to

Final account

The Final Account must report all property received since the last Annual Account and how that property was disposed of.

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.

CRITICAL

Applies to

Annual or final accounting

The guardian must request bond adjustment to reflect reported estate assets and, with a final accounting, 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

Inventory

Inventories must comply 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

Instructions for guardian

The attorney must review the guardian instructions with the applicant and submit a signed copy at the hearing.

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 state whether the incapacity is total or partial.

b. The order states the level of incapacity (total or partial),

CRITICAL

Applies to

Document to be entered

After a ruling, the attorney directed to do so must prepare the document to be entered 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

Personal information sheet

The applicant must complete and submit the personal information sheet at the hearing; it is kept by the Guardianship Attorney and not placed in the Court's file.

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

Annual report

An annual report will not be considered for approval until Court staff or a Court 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.

CRITICALCivil cases

Applies to

Guardian acknowledgment

The person appointed or seeking appointment as guardian or co-guardian must swear or affirm that they read and understand the preceding seven pages.

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

CRITICAL

Applies to

Annual report and annual account

Annual Reports and Annual Accounts must be filed as separate documents, each with its own order.

Annual Reports and Annual Accounts are filed as two separate documents and each document requires it's own order.

CRITICAL

Applies to

Answer

The attorney ad litem must file an answer.

File an answer.

CRITICAL

Applies to

Guardianship order

The guardianship order must make all necessary findings.

a. The order makes all the necessary findings,

CRITICAL

Applies to

Ad litem report

The attorney ad litem must file a court 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

Final account

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

when the Ward dies (attach a death certificate to the Final Account - see below);

CRITICALCivil cases

Applies to

Fee application

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

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.

CRITICALCivil cases

Applies to

Inventory

The inventory must list all Texas real estate and all personal property, wherever located.

This inventory must contain a complete list of all the real estate located within the State of Texas and must list all personal property, regardless of where it is located.

CRITICALCivil cases

Applies to

Closure application

Closing a guardianship when the Ward regains competency requires an application, a hearing, and a Court order.

when the Ward regains competency (requires an application, hearing, and Court order);

CRITICAL

Applies to

Guardianship order

If a guardianship of the estate is created, the order must set a monthly allowance for the proposed ward’s education and/or maintenance.

f. If a guardianship of the estate is created, that the order sets a monthly allowance for education and/or maintenance of the proposed ward,

CRITICAL

Applies to

Annual accounting

Any deviation from previously Court-approved expenses must be explained in detail and accompanied by a request for retroactive Court approval; the Court may deny the request.

Any deviations from prior Court-approved expenses must be explained in detail with a request for retroactive approval of the expenditures by the Court, and are subject to denial by the Court.

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.

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 must not be dated earlier than 120 days before the application was filed.

7. 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.

CRITICAL

Applies to

Annual report

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

Annual report

Letters of guardianship of a person will not be renewed without Court approval of the annual report.

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

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem must file a report describing work performed, addressing the appointment order’s requirements, and providing 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.

CRITICALCivil cases

Applies to

Inventory appraisement list of claims

Texas law requires your attorney to review and sign this 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. This inventory must contain a complete list of all the real estate located within the State of Texas and must list all personal property, regardless of where it is located.

Texas law requires your attorney to review and sign this 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. This inventory must contain a complete list of all the real estate located within the State of Texas and must list all personal property, regardless of where it is located.

CRITICAL

Applies to

Guardianship order

The attorney ad litem must review the guardianship order for the listed findings, incapacity determinations, conditional provisions, bond and guardian terms, peace-officer notice, and discharge.

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, and to purchase or have access to firearms, 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 created, 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 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. The order includes the Notice to Peace Officers in bold print, j- The ad litem is discharged.

CRITICALCivil cases

Applies to

Guardianship closure

If the Ward regains competency, closure requires an application, a hearing, and a Court order.

when the Ward regains competency (requires an application, hearing, and Court order);

CRITICALCivil cases

Applies to

Annual report

The Annual Report must answer every form question, cover the specified information, state the number of in-person visits, and include a truth-and-correctness declaration under penalty of perjury.

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.

CRITICALCivil cases

Applies to

Oath

Before leaving Court after the hearing, you must take and file a signed and sworn or affirmed oath to discharge your duties 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

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

Notice of setting

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

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

CRITICAL

Applies to

Guardian ad litem certification

Attorneys must keep their certification current and provide an updated certificate when they complete the course.

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

Invoice

An invoice must describe the topic or purpose of each telephone or office conference and other activity.

Include Descriptions. Describe the topic or purpose for each telephone or office conference or other activity.

CRITICAL

Applies to

Setting request

Must include

certificate of service

The setting request must include a certification that a copy was mailed or delivered to all attorneys or parties of record.

I CERTIFY THAT A COPY OF THIS SETTING REQUEST HAS BEEN MAILED/DELIVERED TO ALL ATTORNEYS OR PARTIES OF RECORD.

CRITICALCivil cases

Applies to

Court ordered instructions

Sign the Court-Ordered Instructions before a notary; the original is filed with the Clerk's Office.

• 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.

CRITICALCivil cases

Applies to

Statement of inability to afford payment of court costs or appeal bond

A Statement of Inability to Afford Payment of Court Costs or an Appeal Bond must be filed when indigency is accomplished.

When indigency has been accomplished, the guardian of the person/indigent guardianship contract provider will collaborate with the guardian of the estate/trustee/financial representative to file a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, a Motion for Certification of Indigency and Request to move the ward from private pay status to the indigent contract as of a date certain, which should be the first day of the next upcoming month.

CRITICALCivil cases

Applies to

Annual account

The Annual Account must include an oath or affirmation 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.