Brazos County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Supplemental inventory

If additional property is discovered during administration, your attorney must file a supplemental inventory reflecting the newly acquired assets.

If at any time during the administration of this estate you discover additional property, your attorney, on your behalf, must file a supplemental inventory reflecting the newly acquired assets.

CRITICAL

Applies to

Annual accounting

Asset listings in annual accountings must use detail consistent with the inventory requirements in Paragraph 6.2.

The format for listing of assets in an annual accounting shall be consistent with the detail described in Paragraph 6.2 above for inventories.

CRITICALCivil cases

Applies to

Fee application

A fee application must include the applicant attorney’s affidavit addressing fee reasonableness, service necessity, and years of probate and guardianship practice.

Include Affidavit. Attach an affidavit by the applicant attorney swearing to the reasonableness of the fees and the necessity of the services and indicating the number of years he or she has practiced probate and guardianship law.

CRITICAL

Applies to

Annual accounting

The first annual accounting must begin with the assets in the guardian’s inventory; each later accounting must begin with the final assets in the previous accounting.

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.

CRITICALCivil cases

Applies to

Annual account

Even when the Court sets a monthly allowance, account for all expenditures in the Annual Account.

Note that even though the Court sets a monthly allowance, you still must account for all such expenditures in the Annual Account.

CRITICAL

Applies to

Muniment of title application

All beneficiaries under the will must be applicants in a pro se muniment-of-title application.

(2) In a pro se application to probate a will as a muniment of title, all beneficiaries under the will must be applicants and all beneficiaries must testify at the hearing.

CRITICAL

Applies to

Annual accounting

Any deviation from previously approved expenses must be explained in detail with a request for retroactive Court approval, which may be denied.

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.

CRITICAL

Applies to

Guardianship ad litem certification

An attorney is placed on the approved ad litem list and becomes eligible for appointment only after the certification is received.

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

Attorney certification

The attorney must certify by signature that they discussed guardianship responsibilities with their client; the source text ends before completing the description of those responsibilities.

By my signature, I - the attorney for the person who has been or is seeking to be appointed guardian or co-guardian - certify that I have discussed with my client(s) the responsibilities of a guardian of the

CRITICAL

Applies to

Guardianship order

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,

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,

CRITICALCivil cases

Applies to

Initial report on condition and well being of ward

Fill out the Initial Report on the Condition and Well-Being of the Ward before the hearing.

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

WARNINGCivil cases

Applies to

Motion for certification of indigency

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. This motion should include reference to how any remaining assets will be managed upon certification of indigency and termination of management of the estate.

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. This motion should include reference to how any remaining assets will be managed upon certification of indigency and termination of management of the estate.

WARNINGCivil cases

Applies to

Fee application

Fee requests should be filed as applications for payment or reimbursement rather than claims against the estate; filing as a claim results in a required hearing.

Fee requests should be filed as applications for payment of fees or for reimbursement of fees (if paid already by the representative) and not as claims against the estate. If the representative chooses to disregard the Court’s policy and files the fee application as a claim, the Court will in every case require a hearing under Estates Code Sec. 355.056 and Sec. 1157.056.

WARNINGCivil cases

Applies to

Fee application

Include Total Accumulated Fees. Each application for fees should contain a statement indicating the total amount of attorney fees and expenses previously approved since the inception of the guardianship or estate administration.

Include Total Accumulated Fees. Each application for fees should contain a statement indicating the total amount of attorney fees and expenses previously approved since the inception of the guardianship or estate administration.

WARNING

Applies to

Inventory

Inventories should contain all real and personal assets owned by the ward when the guardianship is created.

Inventories should contain all ats, real and personal, owned by the ward at the time the guardianship is created.

WARNINGCivil cases

Applies to

Invoice

Invoices should list all time spent on the file, including uncharged time, marked “NO CHARGE” or “N/C.”

3. 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.”

WARNINGCivil cases

Applies to

Final account

If any property remains in your possession, it should be fully reported and verified in the same manner as for annual accounts.

If any property remains in your possession, it should be fully reported and verified in the same manner as for annual accounts.

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 providing that information.

15. No Block Billing. 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.

WARNING

Applies to

Inventory

The Court expects the inventory to include a separate schedule detailing the assets sufficiently to show their nature and extent.

The Court expects the Inventory to have a separate schedule enumerating detail regarding the asset(s) sufficient to advise the Court as to the nature and extent of the referenced asset.

WARNING

Applies to

Motion for preferential setting

Unless otherwise provided or required by law, a requested preferential setting requires a hearing and a duly verified motion stating why the setting is necessary.

Unless otherwise provided or required by law, a preferential setting shall be granted only after hearing, if requested by any party, upon motion, duly verified, setting forth the reason that the preferential setting is necessary.

WARNING

Applies to

Setting request

The original Setting Request must be retained with the original filings in the court's file.

The original setting request shall be retained with the original filings in the court's file.

WARNING

Applies to

Notice of setting

A Notice of Setting must state the date, time, nature, and allotted duration of the trial or hearing.

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.

WARNINGCivil cases

Applies to

Receipts

Keep receipts for all purchases.

Make sure you keep receipts for all purchases.

WARNING

Applies to

Conflict certificate

A request to reset a setting based on a scheduling conflict requires a signed certificate stating the conflict's nature and extent, and court approval.

Upon receipt of a signed certificate setting forth the nature and extent of the conflict and with the approval of the court, the court coordinator may reset such cause to another tentative date or time.

WARNING

Applies to

Sworn affidavit

Uncontested and agreed matters may be proven up using a properly e-filed, executed sworn affidavit addressing jurisdictional, legal, and factual matters.

Uncontested and agreed matters may be proven-up by a properly efiled and executed sworn affidavit as to jurisdiction, legal and factual matters.

WARNING

Applies to

Appointment request

Must include

proposed order

Proposed orders of appointment should accompany each such request.

Proposed orders of appointment should accompany each such request.

WARNING

Applies to

Scheduling conflict certificate

A scheduling conflict certificate must be signed and describe the conflict's nature and extent before the coordinator may reset the setting with court approval.

Upon receipt of a signed certificate setting forth the nature and extent of the conflict and with the approval of the court, the court coordinator may reset such cause to another tentative date or time.

WARNINGCivil cases

Applies to

Annual account

The Annual Account must account for expenditures made from a Court-ordered allowance.

you still must account for all such expenditures in the Annual Account

WARNINGCivil cases

Applies to

Court ordered instructions

The original Court-Ordered Instructions will be filed with the Clerk's Office, and the Court will make a copy for the Guardian to keep.

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.

WARNING

Applies to

Default judgment

For a written, proven liquidated claim eligible for default judgment, the plaintiff may submit the listed documents for signature without a hearing, and the court may enter judgment without a personal appearance if all legal prerequisites are met.

Whenever a claim is liquidated and proved by an instrument in writing and the plaintiff is entitled to default judgment, the plaintiff may present a prepared judgment and certificate of last known address, together with a non-military affidavit and an affidavit for attorney's fees, if appropriate, to the court for signature without a hearing. If the court is satisfied that all legal prerequisites have been met, the court may enter judgment without the necessity for a personal appearance.

WARNINGCivil cases

You may move the Ward if nobody has objected to the proposed move.

If nobody has objected to the proposed move, then you may move the Ward.

WARNING

Applies to

Sworn affidavit

If an affidavit is used to prove up an uncontested or agreed matter, it must be sworn, executed, and address jurisdictional, legal, and factual matters.

Uncontested and agreed matters may be proven-up by a properly efiled and executed sworn affidavit as to jurisdiction, legal and factual matters.

WARNING

Applies to

Annual accounting

Estate expenditures should coincide with the previously submitted and approved allowance and expense approval.

The expenditures in the estate should coincide with the previously submitted and approved allowance and expense approval.

WARNING

Applies to

Case transfer order

A criminal case may be transferred to another court with jurisdiction only with the transferee judge's approval and by written order.

Subject to the approval of the transferee judge, any criminal case may be transferred to another court having jurisdiction by written order.

WARNINGCivil cases

Applies to

Invoice

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

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

WARNING

Applies to

Annual accounting

Annual accountings should be prepared in accordance with Chapter 1163 of the Texas Estates Code.

Annual accountings should be prepared in accordance with Chapter 1163 of the Texas Estates Code.

WARNINGCivil 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.

WARNINGCivil cases

Applies to

Order appointing guardian of person

Any exceptions to the usual revocation of medical powers of attorney will be indicated in the order appointing the guardian of the person.

There are some exceptions, which will always be indicated in the Order appointing the guardian of the person.

WARNINGCivil cases

Applies to

Fee application

2. Include Total Accumulated Fees. Each application for fees should contain a statement indicating the total amount of attorney fees and expenses previously approved since the inception of the guardianship or estate administration.

2. Include Total Accumulated Fees. Each application for fees should contain a statement indicating the total amount of attorney fees and expenses previously approved since the inception of the guardianship or estate administration.

WARNINGCivil cases

Applies to

Invoice

If time spent on an activity may appear excessive, include a bracketed explanation at the end of the invoice entry justifying it.

4. 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.

WARNINGCivil cases

Applies to

Court ordered instructions

Before the hearing, read the Court-Ordered Instructions and initial all 13 margin boxes.

You must read these Court-Ordered Instructions and initial each of the 13 boxes in the margins to indicate you understand the italicized points made in the text to the right of each box.

WARNINGCivil cases

Applies to

Invoice

Include Legend. If it is not clear from the invoice for whom 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.

Include Legend. If it is not clear from the invoice for whom 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.

WARNINGCivil cases

Applies to

Fee application

Fee applications should include the applicant attorney’s affidavit attesting to fee reasonableness, service necessity, and years of probate and guardianship practice.

3. Include Affidavit. Attach an affidavit by the applicant attorney swearing to the reasonableness of the fees and the necessity of the services and indicating the number of years he or she has practiced probate and guardianship law.

WARNING

Applies to

Setting request

The original setting request must be returned to the District Clerk's Office.

PLEASE RETURN ORIGINAL REQUEST TO THE DISTRIC CLERK'S OFFICE.

WARNING

Applies to

Monthly allowance

The applicant's attorney should seek Court approval of a monthly allowance.

Seek approval of a monthly allowance.

WARNINGCivil cases

Applies to

Annual or final account

The guardian must work with an attorney to prepare Annual or Final Accounts.

But note that Texas law requires you to work with your attorney to prepare your Annual or Final Accounts.

WARNING

Applies to

Setting request

The original setting request must be retained with the original filings in the court's file.

The original setting request shall be retained with the original filings in the court's file.

WARNING

Applies to

Inventory

Inventories should contain all assets, real and personal, owned by the ward at the time the guardianship is created.

Inventories should contain all assets, real and personal, owned by the ward at the time the guardianship is created.

WARNINGCivil cases

Applies to

Invoice

If an invoice does not make clear for whom time is billed, include a legend identifying the timekeeper’s name and initials, role, and years of probate experience.

2. Include Legend. If it is not clear from the invoice for whom 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

Default judgment

For a qualifying liquidated claim, the plaintiff may submit a prepared judgment, a certificate of last known address, and the specified affidavits for signature without a hearing, and the court may enter judgment without a personal appearance if legal prerequisites are met.

Whenever a claim is liquidated and proved by an instrument in writing and the plaintiff is entitled to default judgment, the plaintiff may present a prepared judgment and certificate of last known address, together with a non-military affidavit and an affidavit for attorney's fees, if appropriate, to the court for signature without a hearing. If the court is satisfied that all legal prerequisites have been met, the court may enter judgment without the necessity for a personal appearance.