Hunt County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Documents and proof

If a priority executor will not serve, the documents and proof must explain what happened and provide the corresponding proof; a knowledgeable disinterested witness may testify if preferred documentary proof is unavailable, except when the person is declining to serve.

4.8 Person who will serve as executor isn’t the first-named executor in the will. Your documents and your proof for the Court – must explain what happened to the first- named executor and all others who will not serve but who have priority over the executor(s) who will. Examples of proof when named executor with priority will not serve: a. Person is declining to serve: person’s notarized declination in the file. b. Person is dead: proof of the death. The Court prefers a copy of the Death Verification for the executor with priority, with sensitive information redacted. If the Death Verification is not available, you must provide either: (1) the cause number and jurisdiction where the executor with priority died; or (2) a published obituary. c. Person is convicted felon: sentencing order or other proof of conviction. d. Person is incompetent: guardianship cause number, if any, or letters from one or two doctors. (Only one letter is required if the letter is sufficiently specific.) e. Person was divorced from decedent after the date of the will: divorce decree. f. Person is a minor: birth certificate. g. For all of the above, except in the declining to serve scenario: if the preferred documentary proofs listed above are not available, a disinterested witness with knowledge may appear at the hearing to testify to provide the necessary proof.

CRITICALCriminal cases

Applies to

Attorney qualifications affidavit

A signed and notarized affidavit must be submitted.

A signed and notarized affidavit.

CRITICAL

Applies to

POD

If administration is also requested, the POD must state that the application was filed within four years of death and that the proposed administrator is entitled to letters and not disqualified.

Add the following information if also requesting administration (the proof required for the granting of letters of administration is found in TEC §256.151, 301.151, 301.153): a. The application was filed within four years after decedent’s death. b. The proposed administrator is entitled to letters and is not disqualified.

CRITICAL

Applies to

Guardianship application

A guardianship application must include the Court-promulgated Order Appointing Attorney Ad Litem for guardianships.

An order for the appointment of an attorney ad litem must accompany any application for guardianship. Applicant shall use the Order Appointing Attorney Ad Litem (for guardianships) promulgated by the Court, which is found on the Court’s website.

CRITICAL

Applies to

Motion

Must include

certificate of conference

The certificate of conference must state one of the specified outcomes of the movant's conference or contact efforts.

The “Certificate of Conference” shall state one of the following: a. Counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of the issues raised in this motion and despite best efforts the counsel have not been able to revolve those matters presented. b. Counsel for movant has personally attempted to contact the counsel for respondent to resolve the matters presented, but counsel for respondent has failed to respond or attempt to resolve the matters presented. c. Counsel for movant has conferred with opposing counsel on the merits of the issues contained in this motion, and opposing counsel has indicated that the motion is unopposed.

CRITICAL

Applies to

Probate filing

For probate involving a lost will, a copy of a will, or a will offered more than four years after the testator’s death, an attorney ad litem will be appointed and the prescribed appointment order must accompany the probate filing.

In every probate involving a Lost Will, Copy of a Will or a Will offered for probate More than Four Years after the Death of the Testator, the Court will appoint an attorney ad litem to represent the decedent’s unknown heirs (and, if any, known heirs whose whereabouts are unknown and known heirs suffering legal disability). Therefore, an order for the appointment of an attorney ad litem for unknown heirs must accompany any probate involving a Lost Will, Copy of a Will or a Will offered for probate More than Four Years after the Death of the Testator. Applicant shall use the Order Appointing Attorney Ad Litem promulgated by the Court, which is found on the Court’s website.

CRITICAL

Applies to

Order

If the order appoints a non-first-named executor, refer to the first-named executor and explain in the findings why that executor cannot serve; do the same for any other non-serving named executor with priority over the appointee.

If the order appoints an executor other than the first-named executor in the will, be sure to refer to the first-named executor and indicate, in the findings section, why he or she cannot serve. Do the same for all other named executors who will not serve but who have priority over the executor(s) who will serve.

CRITICALCivil cases

Applies to

Written objection

Anyone wishing to object must file a written objection with the Clerk.

If you want to object to the probate of the lost will, you must file a written objection with the Clerk.

CRITICALCriminal cases

Applies to

Application

An attorney willing to have a second-chair attorney appointed on a matter must indicate that willingness on the application for the Court Approved Attorney List.

Any attorney that is willing to have an attorney appointed as a 2 chair on a matter that he/she is appointed counsel shall indicate so on their Application for inclusion on the Court Approved Attorney List.

CRITICALCriminal cases

Applies to

Attorney application

Attorneys applying for appointments must use the referenced Hunt County application and submit it with required documentation to the DDCO and DCCLO.

Attorneys shall apply using the Hunt County Attorney Application for Appointments as referenced in the Plan Documents. Applications with required documentation shall be submitted to the DDCO & DCCLO.

CRITICALCriminal cases

Applies to

Declaration of inability to employ counsel

Every blank on the declaration must be filled in, even when the response is “.0-” or “DOES NOT APPLY.”

ALL BLANKS MUST BE FILLED IN, EVEN IF IT'S ".0-" OR "DOES NOT APPLY" (NIA)

CRITICALCriminal cases

Applies to

Application

Have you admitted, in connection with an official proceeding, to having provided ineffective assistance of If so, explain by attaching any applicable documents and, if desired, any written explanations.

Have you admitted, in connection with an official proceeding, to having provided ineffective assistance of If so, explain by attaching any applicable documents and, if desired, any written explanations.

CRITICALCriminal cases

Applies to

Sworn affidavit

An attorney seeking placement on a Court Appointed List must submit a sworn affidavit to the DDCO and DCCLO stating that the attorney resides in Hunt County.

Each attorney that wishes to be considered for placement on any Court Appointed List shall submit a sworn affidavit to the DDCO & DCCLO stating that his/her residence is in Hunt County.

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 7.3 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,

CRITICAL

Applies to

Distributee consent

An independent-administration request requires consent from all distributees, who must also consent to any requested bond waiver.

If the applicant requests an independent administration, the consent of all the distributees is required. TEC § 401.003. The distributees must also consent to any waiver of bond. TEC § 401.005.

CRITICALCivil cases

Applies to

Affidavit

A waiver affidavit must state that the heir or beneficiary does not object to offering the will for probate.

Affidavits must also include a statement that the heir (or beneficiary) does not object to the offer of the testator' s will for probate.

CRITICAL

Applies to

Application and proof of death

The application and proof of death must each list the decedent’s heirs and each heir’s name, address, age, and relationship to the decedent.

The application and proof of death also each need to list the decedent’s heirs, their names, addresses, age and relationship to the decedent.

CRITICALCriminal cases

Applies to

Application

Applicants affirming Spanish fluency do so by signing the included affidavit.

I affirm by signing the included Affidavit, my ability to fluently communicate in Spanish. I am fluent in both oral and written communication.

CRITICALCivil cases

Applies to

Citation

When a will cannot be produced, the Clerk must issue citation to all interested parties, and the citation must substantially state the application’s contents and the time, place, and court where it will be considered.

Texas Estates Code § 258.002 requires that when a will cannot be produced in Court, the Clerk shall issue citation to all parties interested in the estate, which citation shall contain substantially the statements made in the application for probate as well as the time when, place where, and the court before which such application will be acted upon.

CRITICALCriminal cases

Applies to

Sworn affidavit

An attorney seeking placement on any Court Appointed List must submit a sworn affidavit to the DDCO and DCCLO stating that the attorney’s principal office or residence is in Hunt County.

Each attorney that wishes to be considered for placement on any Court Appointed List shall submit a sworn affidavit to the DDCO & DCCLO stating that his/her Principal Office OR his/her residence is in Hunt County.

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.

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

POD

The POD must provide the listed information about the decedent, jurisdiction and venue, any will, estate property, and whether administration is necessary.

The following information is required for the heirship: a. State the name of the decedent and indicate when and where the decedent died. b. State the underlying facts that show why the Court has jurisdiction and venue. Usually this requirement is fulfilled because the decedent was domiciled and had a fixed place of residence in Hunt County. TEC § 33.001. c. State whether the decedent had a lawful will and, if so, what disposition has been made of the will. d. Give a general description of the property belonging to the estate of the decedent. e. State whether a necessity exists for administration. Obviously, the allegation should match what you’re seeking. If the application requests letters of administration, then the POD should state a need for administration. However, if you are applying for a determination of heirship only, then the POD should indicate that there is no need for administration.

CRITICAL

Applies to

Pleadings

If the will creates a partial intestacy, mention it in the pleadings.

If there is a partial intestacy in the will, mention the intestacy in your pleadings.

CRITICAL

Applies to

Exhibit

The attached statute must show on its face that it comes from the relevant jurisdiction; typed statute text alone is insufficient, but a database printout or photocopy showing the jurisdiction is sufficient.

The statute must indicate on its face that it is from the jurisdiction; in other words, it is not sufficient to simply type the text of the statute into a document. It would be sufficient to print the statute from Westlaw, Lexis, or another legal database or to photocopy a printed statute that includes reference to the jurisdiction.

CRITICAL

Applies to

Safekeeping agreement

If a client may prefer a Safekeeping Agreement in lieu of part 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.

CRITICAL

Applies to

Guardianship

The proposed guardian must complete the Court-promulgated general information sheet before the Court will sign an order granting guardianship.

The Court will not sign any order granting guardianship until and unless the proposed guardian has completed the general information sheet promulgated by the Court, which can be found on the Court’s website.

CRITICALCriminal cases

Applies to

Application

Applicants affirming fluency in another language do so by signing the included affidavit.

I affirm by signing the included Affidavit, my ability to fluently communicate in the language Other Languages noted below. I am fluent in both oral and written communication of the language(s) noted below.

CRITICALCivil cases

Applies to

Application

The applicant must offer sufficient evidence that he was not in default for failing to probate the will within four years.

Therefore, the Court will not grant the application in this case unless the applicant offers sufficient evidence to prove that he was not in default for failing to probate the will within four years of Decedent's death.

CRITICALCivil cases

Applies to

Applicant affidavit for occupational drivers license

An attorney may set an occupational driver’s license application for hearing by submission after satisfying the statutory filing requirements and filing the Court’s affidavit with all necessary attachments.

An Attorney who, in addition to satisfying all statutory requirements regarding the filing of an application for an occupational driver’s license, has filed the Court’s Applicant’s Affidavit for Occupational Driver’s License with all necessary attachments thereto, may set the application for hearing by submission.

CRITICAL

Applies to

Notice of employment

Upon employment, the defense attorney must immediately give the prosecutor and county clerk written notice containing the specified case information.

Immediately upon employment, the defense attorney shall give written notice of said employment to the prosecutor and the county clerk stating the name of the defendant, the date of and the offense(s) charged and cause number, if known.

CRITICALCriminal cases

Applies to

Sworn affidavit

An attorney claiming Hunt County residence without a principal office there must designate a Hunt County meeting location and list it in the sworn affidavit.

Any attorney that is claiming to reside in Hunt County but that does not have a principal office in Hunt County must designate a physical location within Hunt County as the location they will meet with any appointed Defendant and/or associated witnesses. Said location shall be listed in the Sworn Affidavit stating his/her residence is in Hunt County.

CRITICALCivil cases

Applies to

Citation

The Clerk must attach the specified notice to every citation issued.

The Clerk must attach to each citation issued the "Notice of Application to Probate a Will More than Four Years after the Testator' s Death" that is attached to this Order.

CRITICAL

Applies to

Bond reinstatement

After a capias or warrant and judgment nisi are issued, bond reinstatement will not be considered unless the specified parties personally appear and show good cause and present a fully executed Agreed Order Recalling Capias.

Once issued, the Court will not consider reinstatement of the original bond until and unless: a. the attorney representing Defendant (if Defendant is represented by an attorney), Defendant, and the surety, personally appear before the Court and show good cause as to why the bond should be reinstated, and b. present the Court with a fully executed Agreed Order Recalling Capias. This form is promulgated by the Court and is found on the Court’s website.

CRITICAL

Applies to

Motion

A motion agreed to by all counsel of record must conspicuously state that fact on its face.

If any motion is agreed by all counsel of record, counsel shall state so conspicuously on the face of the motion.

CRITICAL

Applies to

Attorney bond

An attorney posting an attorney bond must provide a letter of representation.

A letter of representation shall be required of the attorney posting the attorney bond.

CRITICAL

Applies to

Proof of death and other facts

The proof of death and other facts must provide sufficient information to prove why the will is unavailable, that reasonable efforts were made to locate it, and that the testator did not revoke it.

The proof of death and other facts (POD) must include sufficient information to prove to the Court: (1) the cause of the will’s non-production, (2) that reasonable diligence has been used to locate the original will, and (3) that the testator did not revoke the will.

CRITICAL

Applies to

Default judgment motion

A default judgment motion proving damages must explain the calculation and provide supporting evidence.

When proving damages in a motion for default judgment, show the Court how you calculated the damage figure and provide evidence to support your calculation.

CRITICALCriminal cases

Applies to

Pretrial ex parte confidential request for advance payment of investigative and expert expenses

Appointed counsel may file a pretrial, ex parte, confidential request for advance investigative or expert expenses; as applicable, the request must identify the investigation or expert and state supporting facts about admissible evidence or the expert’s necessity for preparing a potential defense.

Appointed Counsel may file with the trial court a pretrial ex parte confidential request for advance payment of investigative and expert expenses. The request for expenses must state the below, as applicable: a. The type of investigation to be conducted or the type of expert to be retained; b. Specific facts that suggest the investigation will result in admissible evidence or that the services of an expert are reasonably necessary to assist in the preparation of a potential defense; and

CRITICAL

Applies to

Resident agent appointment

A non-Texas executor or administrator must appoint a resident agent and file the appointment before being qualified to serve.

Under TEC § 304.003, a non-Texas executor or administrator is disqualified to serve until the executor or administrator has appointed a resident agent to accept service of process and the appointment has been filed with the Court.

CRITICAL

Applies to

Application for heirship

An application for heirship must be accompanied by an order appointing an attorney ad litem for unknown heirs.

An order for the appointment of an attorney ad litem for unknown heirs must accompany any application for heirship.

CRITICALCivil cases

Applies to

Invoice

Invoices must include all time spent on the file, including non-billed time, marked “NO CHARGE” or “N/C.”

Include All Time - Include all the time y ou 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 ."

CRITICAL

Applies to

Pleading

Pleadings must begin with the exact names in the will for the testator, executor, and any beneficiaries mentioned; if needed, add the applicable “a/k/a,” “n/k/a,” or “f/k/a” designation.

In all pleadings, always begin with the exact names as they appear in the will. In your pleadings begin with the exact name of the testator, executor, and any beneficiaries mentioned in the pleadings. Then, if needed, put “a/k/a,” “n/k/a,” or “f/k/a” depending on the circumstances, followed by the additional or corrected

CRITICAL

If the will does not waive bond, bond can be waived only if all named executors decline to serve and Letters of Independent Administration with Will Annexed without Bond are sought.

Therefore, if the will doesn’t waive bond, the only way to have bond waived is for all of the executors named in the will to decline to serve and then to seek Letters of Independent Administration with Will Annexed without Bond.

CRITICALCriminal cases

Applies to

Attorney appointment application

Applicants seeking appellate appointments must attach a brief they authored that was filed within the past five years.

If you are applying for appellate appointments, attach a copy of a brief you have authored and which was filed within the past five (5) years.

CRITICAL

Applies to

Probate application

When the muniment-of-title applicant is not the will’s first and sole named executor, obtain written declinations from co-executors and executors with priority, personally serve them, or show proof they are deceased.

4.9 Applicant to probate the will as a muniment of title isn’t named as the first and sole named executor of the will. When the Applicant to probate the will as a muniment of title isn’t named as the first and sole named executor of the will you must obtain written declinations to serve by all executors named in the will who are named co-executors or who have priority over the applicant, or have them personally served or show proof that they are deceased.

CRITICALCriminal cases

Applies to

Payment fee voucher

A payment fee voucher must include documentation accounting for the category claimed in section A.

(Attached is documentation to show accounting for category claimed in A).

CRITICAL

Applies to

Order for muniment of title

An order may waive the affidavit-of-fulfillment requirement only if the applicant is the sole distributee, or all multiple distributees are applicants who signed a verified application or appear in court.

The order cannot waive the requirement of the affidavit of fulfillment of terms unless: (1) the applicant is the sole distributee or (2) there are multiple distributees, and all of them are applicants who have signed a verified application or who appear in court. The Court will not waive the § 257.103 requirement otherwise.

CRITICAL

Applies to

Uncontested will probate prehearing submission

The prehearing filing must include the listed required documents, with waivers, declinations, consents, the ad litem report, and the resident-agent appointment required if applicable.

Required documents include: a. Proof of Death (unexecuted) b. Waivers, Declinations, Consents (if applicable) c. Ad litem report (if applicable) d. Appointment of Resident Agent (if applicable) e. Proposed Order

CRITICALCriminal cases

Applies to

Certificate

Attorneys must complete at least 6 hours of juvenile-law CLE each year and file an annual certificate, or submit documentation of juvenile-law specialist certification.

An attorney shall complete a minimum of 6 hours of CLE in the area of juvenile law and procedure each year. All attorneys on the appointment list must file a certificate with the court administration office each year attesting to completion of the required CLE or submit documentation showing that the attorney is certified as a specialist in juvenile law.

CRITICALCivil cases

Applies to

Dual compensation request

A request for dual compensation must be fully disclosed at appointment or, if made later, upon motion and hearing.

There must be full disclosure of the attorney- fiduciary's request for dual compensation at the time of appointment or upon motion and hearing if the request for dual compensation is made after appointment.