Hunt County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Order

Do not include language about the personal representative’s power to sell real property unless all four stated conditions are met, including the required beneficiary consents and their documented form.

Do not include language in the order regarding the personal representative’s power to sell real property unless: a. The decedent died on or after September 1, 2011. b. The personal representative will be appointed as independent executor or independent administrator with will annexed. c. The will does not contain language authorizing the personal representative to sell real property or contains language that is not sufficient to grant the representative that authority. d. All of the beneficiaries who are to receive any interest in the real property have consented to the general or specific authority regarding the power of the independent executor to sell real property to be included in the order. Consents must be included in a verified application, in verified written consents, or in testimony in open court that is reduced to writing.

CRITICAL

Applies to

Uncontested guardianship prove up submission

The uncontested guardianship prove-up submission must include the listed notice, applicable waivers or consents, physician’s certificate, and criminal history report.

Required documents include: a. Notice & Affidavit pursuant to §1051.104(b)(1)&(2) b. Waivers, Declinations, Consents (if applicable) c. Physician’s Certificate of Medical Examination d. Criminal History Report

CRITICAL

Applies to

Resident agent appointment

The resident agent appointment filed with the Court must be sworn.

The sworn appointment must be filed before the hearing because no one can testify that the guardian is qualified until the appointment is on file.

CRITICALCriminal cases

Applies to

Application

Applicants answering yes must attach applicable court documents; written explanations are optional.

Have you been sanctioned for failure to appear before a court? If yes, attach any applicable court documents and, if desired, any written explanations

CRITICALCivil cases

Applies to

Notice or affidavit

The notice or affidavit must state who will inherit the testator’s property if the offered will is not admitted to probate.

The notices or affidavits must contain a statement that the testator' s property will pass to the testator' s heirs if the will is not admitted to probate ( or, if another will of the testator has already been admitted to probate, to the beneficiaries of that will).

CRITICALCivil cases

Applies to

Order appointing attorney ad litem

When an attorney ad litem is needed, the applicant must immediately e-file the Court’s appointment order after filing the probate application; the applicant must not select the attorney ad litem.

The applicant shall, immediately upon filing the application to probate the will, initiate the appointment of the attorney ad litem by e-filing the Court' s order appointing attorney ad litem (found on the Court' s website). Applicant shall not select the attorney ad litem. The Court will select the attorney ad litem after Applicant e-files the order.

CRITICAL

Applies to

Prove up hearing

If a client may prefer a Safekeeping Agreement instead of some portion of the required bond, bring an Order Authorizing Safekeeping Agreement to the prove-up hearing.

If it is contemplated that your client may prefer a Safekeeping Agreement in lieu of some portion of the required bond you will need to bring an Order Authorizing Safekeeping Agreement to the prove-up hearing.

CRITICALCriminal cases

Applies to

Attorney appointment application

Applicants sanctioned by the State Bar Grievance Committee must attach the committee decision or decisions; a written explanation is optional.

If you have been sanctioned by the State Bar Grievance Committee, attach the decision(s) by the committee and, if desired, a written explanation.

CRITICALCriminal cases

Applies to

Written notice

Attorneys must agree to promptly notify the DDCO and DCCLO in writing of any matter that would disqualify them from indigent-defense appointments.

An attorney shall agree to notify the DDCO & DCCLO promptly, in writing, of any matter that would disqualify the attorney by law, regulation, rule or under these guidelines from receiving appointments to represent indigent defendants.

CRITICAL

Applies to

Uncontested heirship prehearing documents

The required prehearing documents include an Affidavit of Service of Citation, unexecuted Proof of Death, unexecuted Disinterested-Witness Heirship Testimony, applicable waivers/declinations/consents, an Attorney Ad Litem Report, an applicable Appointment of Resident Agent, and a Proposed Order.

Required documents include: a. Affidavit of Service of Citation pursuant to § 202.057 b. Proof of Death (unexecuted) c. Disinterested-Witness Heirship Testimony (unexecuted) d. Waivers, Declinations, Consents (if applicable) e. Attorney Ad Litem Report f. Appointment of Resident Agent (if applicable) g. Proposed Order

CRITICAL

Pro se litigants must provide court personnel and opposing counsel with a mailing address, telephone number, and email address where they can be reached.

Pro se litigants are required to provide a mailing address, telephone number, and email address for where they may be reached by court personnel and opposing counsel.

CRITICAL

Applies to

Proof of death and other facts

The Proof of Death and Other Facts must establish the testator’s domicile in the alleged jurisdiction when the will was executed.

In your Proof of Death and Other Facts, prove that the testator was domiciled in the alleged jurisdiction at the time the will was executed.

CRITICAL

Applies to

Application for heirship and administration

For heirship together with administration, file one application using the specified title and combine the cited administration and heirship application requirements.

For a determination of heirship plus administration. File one application titled “Application for Determination of Heirship and Letters of [Independent, if applicable] Administration.” The requirements for an application for letters of administration are found in TEC § 301.052. Combine the requirements in § 301.052 with the requirements for the heirship application in § 202.004 & 202.005.

CRITICAL

Applies to

Order

Begin with the exact names used in the will for the decedent and executor, even if the executor is now known by another name.

You must begin with the exact names used in the will for the decedent and the executor, even if the executor is now known by another name.

CRITICALCriminal cases

Applies to

Attorney qualifications affidavit

If the attorney's principal office is outside Hunt County, the affidavit must state that the attorney resides in Hunt County and designate a Hunt County location for meetings with appointed clients and associated witnesses.

If my principle office is not in Hunt County, I swear that my personal residence is located at and that it is within Hunt County. I further designate that _ _ (address) is my location in Hunt County where I will meet with appointed clients and associated witnesses in any appointed case.

CRITICALCivil cases

Applies to

Application to probate lost will

An application to probate a lost will must state why the original cannot be produced and identify the devisees and the individuals who would inherit if the will were not admitted to probate.

Texas Estates Code § 256.054 requires that an application for the probate of a lost will must include information concerning the reason the original instrument cannot be produced and must also include ( among other things) the names of the devisees included in the lost will and the names of the individuals who would inherit if the copy of the lost will were not admitted to probate.

CRITICAL

Applies to

Hearing testimony

In addition to the POD testimony, one disinterested witness who can identify the decedent’s heirs-at-law must testify in open court.

In addition to the POD testimony discussed in 8.2 above, the Court requires the testimony of one disinterested witness who can identify the decedent’s heirs-at-law. This witness will testify in open court,

CRITICALCivil cases

Applies to

Fee application

A fee application must include an invoice itemizing time and expenses, except that no invoice is required for an agreed court-appointed attorney ad litem fee below $550 in an irship or guardianship matter.

Itemized Invoice Should Accompany Fee Application - 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, be aware that when an attorney ad litem is appointed by the Court in an irship or guardianship matter and the attorney ad !item's fee is agreed u on and totals less than $550, an invoice is not required.

CRITICAL

Applies to

Pretrial motion

Must include

proposed order, certificate of service

To set a pretrial motion for hearing, the motion must state the requested relief, pertinent facts, and supporting argument with authorities; have required signatures and oath; and include a certificate of service and proposed order, or the Court may refuse to consider it.

In order to set a pre-trial motion for hearing, the motion must: a. succinctly state the relief sought; b. state the facts pertinent to the motion; c. state supporting argument with authorities; d. be signed by counsel and, where required, by the defendant; e. be sworn to when required; f. contain a certificate of service; and g. contain a proposed order granting or denying the motion in full or in part. The Court may refuse to consider any pretrial motion that fails to comply with this Rule.

CRITICAL

Before pleading that the will names an independent executor, verify that the will does so.

Before pleading that the will names someone to serve as independent executor, be sure it does.

CRITICAL

Applies to

Order

The order must find that the applicant overcame the presumption that the original will was revoked.

The order must include a finding that the applicant has overcome the presumption that the original will has been revoked.

CRITICALCivil cases

Applies to

Affidavit

Must include

caption

The affidavit must use the caption “§ 1101 .003 Affidavit Containing Contact Information of Certain Persons.”

The affidavit shall be captioned "§ 1101 .003 Affidavit Containing Contact Information of Certain Persons."

CRITICAL

Applies to

Witness testimony

Two disinterested witnesses must testify regarding the identity of the decedent’s heirs.

The Court requires the testimony of two disinterested witnesses regarding the identity of decedent’s heirs.

CRITICAL

Applies to

Final pretrial submission

For jury and bench trials longer than half a day, except criminal cases, each party must complete and file the Court’s Final Pretrial Submission.

In all jury trials and bench trials (other than criminal cases) of more than a half day, each party, either jointly or separately, shall complete and file the Court’s Final Pretrial Submission, which is promulgated by the Court and is found on the Court’s website.

CRITICALCriminal cases

Applies to

Court appointed attorney fee voucher

A voucher claiming other expenses must include supporting documentation.

6. 0TH ER EXPENSES {Required: Attach supporting documentation)

CRITICAL

Applies to

Notice or affidavit

The notice or affidavit must state who takes the property if the will is not admitted, that the person offering the will may not be in default, and, for an affidavit, that the heir does not object.

§ 258.051 requires that the notice or the affidavit must contain: (1) a statement that the testator’s property will pass to the testator’s heirs if the will is not admitted to probate (or, if another will of decedent has previously been admitted to probate, to those beneficiaries), (2) a statement that the person offering the testator’s will for probate may not be in default for failing to present the will for probate during the four- year period immediately following the testator’s death and (3) if the affidavit option is chosen, that the heir does not object to the offer of the testator’s will for probate.

CRITICALCivil cases

Applies to

Time and expense records

An attorney-fiduciary must keep detailed time and expense records that separate legal from non-legal work.

The attorney-fiduciary must keep meticulous time and expense records, carefully segregating legal and non-legal work.

CRITICAL

Applies to

Order

Do not include property descriptions, distributee names, or distributee family history in the order unless a declaratory judgment has also been requested upon proper application and notice.

Unless you have also requested a declaratory judgment upon proper application and notice, do not include extra information such as property descriptions, the names of distributees, or the family history of distributees. This type of information can be determined only in a declaratory judgment action.

CRITICAL

Applies to

Unopposed motion

Must include

proposed order

An unopposed motion must be accompanied by a separate proposed order granting the requested relief, signed by all attorneys.

A separate proposed order granting the relief sought shall accompany the motion and shall be signed by all attorneys.

CRITICAL

Applies to

Order

Use “alternate” executor, not “successor” executor, unless a court has previously appointed someone else as executor.

To be precise, use the term “alternate” executor – not “successor” executor– unless a court has previously appointed someone else as executor.

CRITICAL

Applies to

Order

The order must find that the applicant was not in default for failing to probate the will within four years of the decedent’s death.

The order must include a finding that the applicant was not in default for failing to probate the will within four years of decedent’s death.

CRITICALCriminal cases

Applies to

Magistrate juvenile warning

The Magistrate's Juvenile Warning is mandatory.

The above Magistrate's Juvenile Warning is mandatory;

CRITICALCivil cases

Applies to

Contact information affidavit

A Contact Information Affidavit must be submitted in guardianship cases.

Texas Estates Code Section 1101.003 now requires that a Contact Information Affidavit be submitted in guardianships

CRITICAL

Use “executor” or “administrator,” not “executrix” or “administratrix.”

The Court requires the use of “executor” or “administrator” rather than “executrix” or “administratrix.”

CRITICAL

Applies to

Resident agent appointment

Non-Texas applicants probating a will as a muniment of title must appoint a resident agent.

The Court requires that non-Texas applicants appoint a resident agent when probating a will as a muniment of title.

CRITICAL

Applies to

Muniment of title probate

A declaratory judgment is required when probating a will as a muniment of title.

When you are probating the will as a muniment of title, the Court requires a declaratory judgment.

CRITICAL

Applies to

Deposition notice

A deposition notice setting a date, time, or place that was not agreed must include the specified conference statement.

12.4 Written notice of deposition. A written notice of deposition on a date, time or place that is not agreed shall state as follows: “A conference was held (or attempted) with the counsel for opposing party to agree to a time, date, place and materials to be furnished. Agreement could not be reached (or counsel will not respond) and the deposition is therefore being taken pursuant to this notice.”

CRITICAL

Before pleading that the will names an executor to serve without bond, verify that the will provides for service without bond.

Before pleading that the will names an executor to serve without bond, be sure it does.

CRITICALCriminal cases

Applies to

Application renewal

A renewal may be made by completing a new Hunt County Attorney Application form with all required documentation.

Applications may be renewed by completing a new Hunt County Attorney Application form with all required documentation.

CRITICAL

If a will names beneficiaries as an unnamed class and independent administration under TEC Chapter 401 is sought, two disinterested witnesses must testify at the hearing about the class members so the Court can ensure all required consents were obtained.

In the event the will names beneficiaries by a class such as “children” without naming the children anywhere in the will and an independent administration under TEC Ch. 401 is sought, it will be necessary to have two disinterested witnesses testify at the hearing about who the children are for purposes of ensuring that all requisite consents have been obtained.

CRITICALCriminal cases

Applies to

Application

Applicants answering yes must attach the entity's sanction or censor decision; written explanations are optional.

Have you been sanctioned or censored by any professional entity of which you are or were a member induding but not limited to the State Bar Grievance Committee? If yes, attach decisions by the entity and, if desired, any written explanations.

CRITICALCriminal cases

Applies to

Denial of request for expenses

If an expense request is denied in whole or in part, the denial must state the reasons in writing and be attached to the confidential request.

a. State the reasons for the denial in writing; b. Attach the denial to the confidential request;

CRITICALCriminal cases

Applies to

Attorney appointment application

Applicants convicted or placed on deferred adjudication for a non-traffic offense must attach copies of all final orders or deferred-adjudication orders and judgments.

If you have been convicted or placed on deferred adjudication for any offense other than traffic, attach copies of all final orders (or those deferring adjudication) and judgments.

CRITICALCriminal cases

Applies to

Fee voucher

Appointed counsel must complete and submit a fee voucher to the court for services rendered.

An appointed attorney shall fill out and submit a fee voucher to the court for services rendered.

CRITICAL

When requesting independent administration under § 401.002 or 401.003, combine the will probate with an heirship proceeding to determine the recipients of intestate property and the heirs who must join the beneficiaries’ requests.

When you are requesting independent administration under § 401.002 or 401.003, the Court requires that you combine the will probate with an heirship proceeding to determine who receives the property that does not pass under the will and to determine the heirs who will need to join the beneficiaries in the request(s).

CRITICAL

Applies to

Application and proof of death and other facts

The application and POD must state why the applicant was not in default, and the POD must prove it; lack of funds or a prior agreement by the heirs is not enough by itself.

Both the application and the proof of death and other facts (POD) must state the reason the applicant was not in default for failing to probate the will sooner. The POD needs to prove that applicant was not in default. It’s not enough, for example, that the applicant didn’t have money to probate the will earlier or that the heirs had previously agreed not to probate the will.

CRITICAL

Applies to

Declaratory relief request

In a partial intestacy, the declaratory relief must seek both a declaration of partial intestacy and a declaration identifying the heirs who take the intestate property.

If there is a partial intestacy, you will need to seek a declaratory relief as provided by Chapter 37, Civil Practice & Remedies Code, seeking both: (1) a declaration that there is a partial intestacy, and (2) a declaration of the heirs that will take the property that passes by intestacy.

CRITICAL

Applies to

Attorney ad litem report

In every heirship case, the attorney ad litem must file a written report using the Court-promulgated form.

In all heirship cases the attorney ad litem shall file a written report with the Court. The attorney ad litem shall use the form promulgated by the Court, which is found on the Court’s website.

CRITICAL

Applies to

Hearing

The hearing to probate a will more than four years after the testator’s death must be on the record.

The hearing for probating a will more than four years after a testator’s death must be on the record because of the heirship testimony and the extra proof required in the POD.

CRITICALCriminal cases

Applies to

Recording of communications

A recording of the communications must be made and preserved in accordance with Texas Family Code Section 54.012(c).

E. A recording of the communications shall be made and preserved in accordance with Texas Family Code Section 54.012 (c).