Brazos County Courts at Law Filing Timing and Cure Windows

CRITICALCivil cases

The Ward may not be moved to a more-restrictive care facility until seven business days have passed after the Court receives notice.

You may not move the Ward into a more-restrictive care facility until you provide notice to the Court, the Ward, and any person who has requested notice, and only after seven business days following the Court's receipt of the notice.

CRITICAL

A guardianship inventory must be filed within 30 days after the guardian qualifies.

(e) “Inventory” for guardianship cases means the initial summary of the financial condition of the estate of the ward at the inception of a guardianship or as of the date of death in a probate estate. Must be filed within 30 days of the qualification of the guardian.

CRITICAL

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

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.

CRITICAL

A party may request a hearing or submit a written response by the submission date stated in the notice, which must be at least 10 days after service.

The notice shall clearly state that any party may either request a hearing or submit a written response on or before a specific submission date that is at least ten (10) days after service of such statement.

CRITICAL

When the information or indictment is filed, the prosecuting attorney must file the previously identified documents with the District Clerk.

Upon filing of the information or Clerk. indictment, all of the above documents will be filed by the prosecuting attorney with the District Clerk for placement in the clerk's file.

CRITICALCivil cases

Your attorney must file a written application for approval of an estate-asset investment plan within 180 days after you qualify, unless the funds are invested under the plan in Estates Code Section 1161.003.

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).

CRITICALCivil cases

Each year, your attorney must file a detailed Annual Account with your sworn or affirmed true-and-correct affidavit within 60 days of the anniversary of your qualification date.

4. 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.

CRITICAL

Investments other than federally insured bank accounts and government bonds require a Court-approved investment plan within 180 days after the guardian qualifies.

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.

CRITICAL

A party must file an appeal in the referring court no later than the seventh day after receiving notice of the associate judge’s decision.

To appeal an associate judge's decision, a party must file an appeal in the referring court not later than the seventh (7) day after the date the party receives notice of the decision.

CRITICAL

Inventories, annual reports of the person, and annual accountings must follow the Texas Estates Code’s filing requirements, form, and deadlines.

All inventories, annual reports of the person and annual accountings shall be filed according to the requirements, form, and deadlines designated in the Texas Estates Code.

CRITICAL

Unless one of the stated exceptions applies, the proposed guardian must complete JBCC guardianship training more than 10 days before the appointment hearing; the exceptions include a qualifying temporary appointment of no longer than 60 days and a proposed guardian who is a certified guardian, attorney, or corporate fiduciary.

Unless the proposed guardian is seeking an initial appointment as a temporary guardian for no longer than 60 days, subject to the restrictions specified in § 155.204(b)(2) of the Government Code, or is a certified guardian, attorney, or a corporate fiduciary, the proposed guardian must have taken the guardianship training provided by the JBCC's website more than 10 days before the court's hearing to consider the proposed guardian's appointment.

CRITICAL

An attorney ad litem must complete the duties that follow before the guardianship hearing.

Attorney ad litem - An attorney ad litem is expected to advocate for the wishes and preferences of the client, and is required to do each of the following prior to the date of the guardianship hearing:

CRITICALCivil cases

For uncontested-docket cases, complete these tasks before the hearing; for regular-docket cases, complete them before leaving Court after the hearing.

1. Before the hearing (for cases on the uncontested guardianship docket) or before you leave the Court after the hearing (for cases on the regular docket): • 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. • 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. • You must fill out the Guardianship General Information form for the Court's internal files.

CRITICALCivil cases

Your attorney must file an application for a monthly or annual allowance within 30 days after you qualify, unless an allowance was ordered at appointment or is inappropriate.

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.

CRITICAL

A sworn inventory must be filed within 30 days of the guardian's qualification.

A sworn inventory is due within 30 days of the guardian's qualification.

CRITICAL

A monthly allowance must be established when the estate guardianship is created or within 30 days after the guardian qualifies.

A monthly allowance shall be established at the time of the creation of the guardianship of the estate or within 30 days of the guardian’s qualification.

CRITICAL

Judgments and orders in uncontested matters must be presented at the hearing unless good cause is shown.

All judgments and orders in uncontested matters shall be presented at the time of hearing on such matters, except for good cause shown.

CRITICAL

Deadline

10 calendar days

Written objections must be received by the court coordinator within ten calendar days after receipt of the original; otherwise, the coordinator submits the document for signature.

If no written objection is received by the court coordinator within ten (10) calendar days after the original was received, the court coordinator shall submit the document to the court for signature.

CRITICALCivil cases

Unless an allowance was ordered at appointment or an allowance is inappropriate, your attorney must file an application for a monthly or annual allowance within 30 days after you qualify.

2. 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.

CRITICAL

An inventory must be filed within 30 days of the guardian's qualification.

Must be filed within 30 days of the qualification of the guardian.

CRITICAL

The background check must be delivered to the court clerk at least 10 days before the guardianship application hearing.

The background check must be delivered to the clerk of the court at least 10 days before the hearing on the application for guardianship.

CRITICAL

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.

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

File the bond within 20 days after the Court signs the order granting letters of guardianship.

You must file your bond within 20 days after the Court signs the order granting letters of guardianship.

CRITICAL

Written objections must be received by the court coordinator within ten calendar days after receipt of the original; otherwise, the document is submitted for signature.

If no written objection is received by the court coordinator within ten (10) calendar days after the original was received, the court coordinator shall submit the document to the court for signature.

CRITICAL

The jury setting request must be filed and the jury fee paid no later than 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.

CRITICAL

A guardian of a ward’s estate files an Annual Account annually.

(a) “Annual Account” means an accounting filed annually by the guardian of the estate of a ward to apprise the court of the condition of the estate of the ward including beginning and ending balances for any financial accounts, deposits and withdrawals.

CRITICALCivil cases

Once indigency is accomplished, the guardians must collaborate to file the specified statement and motion requesting the ward's transition to the indigent contract.

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.

CRITICAL

If opposing counsel disagrees with the estimated time, written objections must be mailed or delivered to the Court Coordinators Office within ten days from the date below.

IF OPPOSING COUSEL DISAGREES WITH TIME ESTIMATED, WRITTEN OBJECTIONS MUST BE MAILED/DELIVERED TO THE COURT COORDINATORS OFFICE WITHIN TEN (10) DAYS FROM THE DATE BELOW; TIME WILL BE DIVIDED EQUALLY BETWEEN COUNSEL/PARTIES.

CRITICALCivil cases

Your attorney must file the Inventory, Appraisement, and List of Claims within 30 days after you qualify.

1. Within 30 days of the date you qualify, your attorney, on your behalf, must file an Inventory, Appraisement, and List of Claims.

WARNINGCivil cases

The Court holds attorney fee applications for 10 days for objections and, if none are filed, considers them without a hearing unless the requested amount is significant or the Court has questions about propriety or reasonableness.

Under these circumstances, the Court holds all attorney fee applications for 10 days to give other parties an opportunity to file objections to those applications. If no objections are filed, the Court will consider the applications on submission and without a hearing, unless the amount of fees requested is significant or the Court has questions about the propriety or reasonableness of the fees. In such cases, the Court will request that the application be set for hearing.

WARNINGCivil cases

Letters of guardianship expire one year and four months after issuance unless renewed.

Letters of guardianship expire one year and four months after the date of issuance unless renewed.

WARNINGCivil cases

Letters of guardianship expire one year and four months after issuance unless renewed.

Letters of guardianship expire one year and four months after the date of issuance unless renewed.

WARNINGCivil cases

Letters of guardianship expire one year and four months after issuance unless renewed.

Letters of guardianship expire one year and four months after the date of issuance unless renewed.

WARNING

A referring court may adopt, modify, correct, reject, reverse, or recommit an associate judge’s action no later than the 30th day after the action is taken.

Not later than the 30th day after the date an action is taken by an associate judge, a referring court may adopt, modify, correct, reject, reverse, or recommit for further information the action taken by the associate judge.

WARNING

A setting remains tentative for ten calendar days after court delivery and then becomes final; during the tentative period, an attorney may report a scheduling conflict, and the coordinator may reset the setting with court approval upon receipt of a signed certificate.

The setting specified in the Notice of Setting shall remain tentative for a period of ten (10) calendar days after the same is delivered by the court. During such period, any attorney may notify the court coordinator of a conflict of settings or other scheduling conflict. 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. After the expiration of the ten (10) day period specified above, the setting shall become final.