Hunt County Courts at Law Document Filing Requirements

CRITICAL

All other documents must preserve a name misspelled by the testator and include “a/k/a” to correct it.

If the testator misspelled a name, then all other documents must carry that mistake with an “a/k/a” to correct the typo that the testator missed.

CRITICAL

Applies to

Witness testimony statement

The witness’s testimony must state that the witness does not take under the will or by intestacy.

Include testimony that the witness does not take under the will or by intestacy.

CRITICAL

Applies to

Medicaid estate recovery program certification

If the applicant is unable to do so, the applicant must file a MERP certification stating that the decedent’s estate is not subject to a MERP claim.

If applicant is unable to do so, Applicant must file a Medicaid Estate Recovery Program (MERP) certification that decedent’s estate is not subject to a MERP claim.

CRITICAL

Applies to

Motion

If all counsel of record do not oppose a motion, counsel must state that conspicuously on the face of the motion.

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

CRITICAL

Applies to

Application proof and order

For that bond-waiver procedure, modify the application, proof, and order and obtain the necessary declinations and sworn consents.

In that case, you will need to modify the application, proof, and order, in addition to getting the necessary declinations and sworn consents.

CRITICAL

Applies to

Application or separate motion

To establish that an out-of-state or foreign will is self-proved, the application or a separate motion must identify the testator’s domicile jurisdiction, request judicial notice of its law with a statutory citation, allege self-proof under that law, and attach the relevant statute as an exhibit.

To establish that a will was self-proved according to the laws of the state or foreign country of the testator’s domicile at the time of execution you must, in your application or in a separate motion: a. state the jurisdiction where the testator was domiciled at the time the will was executed, b. ask the Court to take judicial notice of the laws regarding self- proof of that jurisdiction (with a statutory citation), c. allege that the will is self-proved according to that law, and d. attach as an exhibit a copy of the statute regarding self-proof for that jurisdiction.

CRITICALCriminal cases

Applies to

Application

Attorneys on the appointment list must ensure their application contains correct information.

All attorneys on the appointment list must ensure all information on their application is correct;

CRITICAL

Applies to

Declaratory judgment request

If the will alone cannot identify a person entitled to property or a question of construction exists, a request for declaratory judgment on proper application and notice is required before the will can be admitted as a muniment of title.

4.11 Muniments of title and declaratory relief. If a person who is entitled to property under the provisions of the will cannot be ascertained solely by reference to the will or if a question of construction of the will exists the Court will not admit the will into probate as a muniment of title unless a request for declaratory judgment has been made upon proper application and notice. TEC § 257.101.

CRITICAL

Applies to

Testimony

When seeking to probate a lost will without a copy, the testimony must prove the will’s contents.

If applicant seeks to probate a lost will without a copy, testimony obviously will also need to prove the contents of the will.

CRITICAL

Applies to

Required hearing documents

The listed required documents must be presented at the hearing, after being reviewed, completed, and executed except for the unexecuted Oath.

At the hearing, and not before, the Court shall be presented with the following required documents (which have been previously reviewed, completed, and executed [except for the Oath]): a. General Information Sheet b. Court’s Instructions c. Oath (unexecuted) d. Safekeeping Agreement & Order (if applicable) e. Investment Plan (if applicable) f. Proposed Order

CRITICAL

Applies to

Substituted service motion

A Rule 106 substituted-service motion must include an affidavit describing the required address-verification efforts and service-attempt details.

All motions for substituted service under Rule 106 must be accompanied by an affidavit that describes the efforts taken to verify that the defendant actually lives or works at the subject address, at least three attempts of service at different time of day with the specific dates and times, the identity of person(s) present at the subject address and what was said, the identity of the owners of any cars in the driveway, or other indications that the defendant resides at the subject address.

CRITICALCivil cases

Applies to

Invoice

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

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.

CRITICALCriminal cases

Applies to

Affidavit of indigence and application for appointed attorney

The applicant must choose one of the two statements below about inability to pay for counsel or ability to make partial payments.

## ELIJA UNO:

CRITICAL

Applies to

Proposed order

Must include

proposed order

Within seven days of a ruling on a contested matter, the prevailing party must submit a proposed order to the opposing party and the Court.

Within seven (7) days of the Court’s ruling on contested matters the prevailing party shall submit a proposed order to the opposing party and the Court.

CRITICALCriminal cases

Applies to

Attorney appointment application

The application must include the State Bar annual CLE reports for the last three years.

Your annual CLE report from the State Bar for the last three years.

CRITICALCivil cases

Applies to

Notice or affidavit

The notice or affidavit must state that the person offering the will may not be in default for failing to present it within four years after the testator’s death.

The notices or affidavits must contain a statement that the person offering the testator' s will for probate may not be in default for fai ling to present the will for probate during the four-year period immediately fo llowing the testator' s death.

CRITICAL

Applies to

Application proof and order

If the will does not make the executor independent but independent administration is requested, collect the appropriate sworn consents and state the statutory basis in the application, proof, and order.

If the will does not make your executor independent and you’re requesting independent administration, collect the appropriate sworn consents and indicate the statutory basis of your request in your application, proof, and order.

CRITICALCriminal cases

Applies to

Cle compliance letter

Attorneys not required to report CLE hours to the State Bar of Texas may document compliance with a letter to the DDCO and DCCLO listing the completed criminal-law hours, course dates, locations, and names.

Attorneys who are not required to report CLE hours to the State Bar of Texas may comply with this requirement by furnishing a letter indicating the number of hours completed in the area of criminal law, the date(s) of the course(s) taken and the location and name of the course(s) to the DDCO and DCCLO prior to their birthday.

CRITICALCriminal cases

Applies to

Record

A record must show that the magistrate informed the accused of the right to request appointed counsel, asked whether the accused wanted to request counsel, and whether the accused requested counsel.

4) A "record" must also be made showing (i) that the magistrate informed the accused person of the right to request appointed counsel, (11) that the magistrate asked the person whether he or she wanted to request counsel, and (iii) whether the person requested counsel.

CRITICAL

Applies to

POD

Do not include language about citation in the POD; the Court decides whether citation was proper.

DO NOT include in the POD any language regarding citation. Seldom does a witness have knowledge about whether citation has been properly served. The Court will decide on its own whether citation is proper.

CRITICALCriminal cases

Applies to

Application

The application is incomplete until the required checklist items are submitted.

Your application will not be complete until you submit the following items to: (All items should be submitted together.)

CRITICALCriminal cases

Applies to

Affidavit of indigence and application for appointed attorney

The affidavit calls for sworn disclosure of income, assets, obligations, expenses, dependents, available spousal income, and governmental support.

I wish to disclose under oath my income, sources of income, assets, property, outstanding obligations, necessary expenses, dependents, spousal income available to me and any Governmental support.

CRITICALCriminal cases

Applies to

Attorney fee voucher

Payment requires submission of an attorney fee voucher and the judge’s approval.

No payment shall be made until judge approves payment after submission of an attorney fee voucher.

CRITICAL

Applies to

Appointment of resident agent

Non-Texas applicants seeking a determination of heirship without an order of administration must appoint a resident agent.

The Court requires that non-Texas applicants appoint a resident agent when seeking to determine heirship with no order of administration. The Court requires appointment of a resident agent in this situation in case there is a creditor who files suit.

CRITICALCriminal cases

Applies to

Claim for reimbursement

Appointed counsel may incur investigative or expert expenses without prior court approval, but reimbursement requires presentation of a claim and is limited to expenses that are reasonably necessary and reasonably incurred; unreasonable or unnecessary expenses will not be approved.

Appointed counsel may incur investigative or expert expenses without prior approval of the court. On presentation of a claim for reimbursement, the court shall order reimbursement of counsel for the expenses, if the expenses are reasonably necessary and reasonably incurred. Unreasonable or unnecessary expenses will not be approved.

CRITICAL

Applies to

Uncontested will probate hearing submission

At the hearing, and not before, the Court shall be presented with the following required documents (a-c do not apply if you are seeking a muniment of title or small estate affidavit): a. General Information Sheet (completed) b. Court’s Instructions (completed) c. Oath (unexecuted) d. Safekeeping Agreement & Order (if applicable) e. Proposed Order

At the hearing, and not before, the Court shall be presented with the following required documents (a-c do not apply if you are seeking a muniment of title or small estate affidavit): a. General Information Sheet (completed) b. Court’s Instructions (completed) c. Oath (unexecuted) d. Safekeeping Agreement & Order (if applicable) e. Proposed Order

CRITICALCriminal cases

Applies to

Request for advance payment of expenses

The request must include an itemized list of anticipated expenses for each investigation or expert.

An itemized list of anticipated expenses for each investigation and/or each expert.

CRITICALCriminal cases

Applies to

Request for advance payment

Appointed counsel may file a pretrial ex parte confidential request for advance investigative or expert expenses, and the request must state the applicable investigation or expert type, supporting facts, and itemized anticipated expenses.

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, as applicable: the type of investigation to be conducted or the type of expert to be retained; 2) 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 3) an itemized list of anticipated expenses for each investigation or each expert.

CRITICAL

Applies to

Motion and response

Must include

proposed order

Motions and responses must be written and accompanied by a proposed order addressing both granting and denying the requested relief.

Motions and responses shall be in writing and shall be accompanied by a proposed order both granting and denying the relief sought.

CRITICAL

Applies to

General information sheet

The proposed executor or administrator must complete the Court’s general information sheet before the Court will sign an order granting letters of administration.

The Court will not sign any order granting letters of administration, until and unless the proposed executor/administrator has completed the general information sheet promulgated by the Court, which can be found on the Court’s website.

CRITICALCivil cases

Applies to

Invoice

Invoices must describe the topic or purpose of each telephone or office conference.

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

CRITICALCriminal cases

Applies to

Attorney appointment application

The attorney appointment application must be complete and signed.

A complete and signed application.

CRITICALCriminal cases

Applies to

Annual cle documentation

Appointed attorneys must submit annual CLE-completion documentation or documentation of criminal-law specialist certification.

Any attorney placed on an appointment list to represent indigent defendants shall file a certificate with DDCO & DCCLO office no later than their birthday each year evidencing completion of required Continuing Legal Education (CLE) or submit documentation showing that the attorney is certified as a specialist in criminal law for that calendar year.

CRITICALCriminal cases

Applies to

Attorney appointment application

Applicants sanctioned for failure to appear before a court must attach applicable court documents; a written explanation is optional.

If you have been sanctioned for failure to appear before a court, attach any applicable court documents and, if desired, a written explanation.

CRITICAL

Applies to

Proof of death

Do not include language in the POD about citation or whether the will is self-proved.

Do not include in the POD any language regarding citation or whether the will is self-proved.

CRITICAL

Applies to

Oral testimony written proof and order

Before probating a will as a muniment of title, the oral testimony, written proof of facts, and order must state which of the specified Medicaid-benefit circumstances applies.

5.2 MEPR requirements. Before the Court will probate a will as a muniment of title, the court requires that the oral testimony, written proof of facts, and order include a statement concerning Medicaid status. The statement shall assert: a. No Medicaid benefits were received after March 1, 2005, b. Medicaid benefits were received after March 1, 2005 and have been repaid, or c. Benefits were received and not repaid.

CRITICAL

A dependent administration requires an heirship proceeding for the intestate property.

When there will be a dependent administration, the Court requires an heirship proceeding for the intestate property.

CRITICAL

Applies to

Hearing

The hearing to probate a copy of a will must be on the record.

The hearing for probating a copy of a will must be on the record because of the testimony of the disinterested witness regarding the testator’s family history and the extra proof required in the POD.

CRITICAL

Applies to

Bankruptcy notice

The bankruptcy notice must state the bankruptcy court’s name and location, the bankruptcy case number and style, the filing date, and contact information for counsel and the trustee.

Whenever a party in this court files for protection under the bankruptcy laws of the United States, it shall be the responsibility of that party’s counsel to, within three (3) days of any bankruptcy filing, provide written notice to the court and all counsel that a bankruptcy has occurred, stating the name and location of the bankruptcy court, the bankruptcy cause number and style, the date of filing and the name and address of counsel for the bankrupt party, as well as the name and address for the trustee.

CRITICAL

Applies to

Order granting letters of administration

The proposed executor or administrator must execute the applicable Court instructions before the Court will sign an order granting letters of administration.

The Court will not sign any order granting letters of administration, until and unless the proposed executor/administrator has executed the applicable instructions promulgated by the Court, which can be found on the Court’s website.

CRITICALCivil cases

Applies to

Attorney ad litem appointment

If an heir’s address cannot be ascertained with reasonable diligence, the Court must appoint an attorney ad litem to protect unknown heirs’ interests.

If the address of any of the testator' s heirs cannot be ascertained by the applicant with reasonable diligence, § 258.052 requires the court to appoint an attorney ad litem to protect the interests of the unknown heirs.

CRITICAL

Applies to

Exhibits

The parties must make exhibits available for inspection at the pretrial conference or earlier if reasonable notice and a request are given.

parties are required to make their exhibits available for inspection on the date of the pretrial conference or on a date prior with reasonable notice and request

CRITICAL

Applies to

Rule 106 motion

Must include

proposed order

Every Rule 106 motion must be filed with a proposed order.

All Rule 106 motions must be filed with a proposed order.

CRITICALCriminal cases

Applies to

Annual attorney case report

An attorney shall submit by October 15th each year a statement that describes the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in this county for adult criminal cases and juvenile delinquency cases for the prior 12 months that begins on October 1 and ends on September 30. The report must be submitted through the online form to the Texas Indigent Defense Commission/form prescribed by the Texas Indigent Defense Commission to the court administration office in the county.

An attorney shall submit by October 15th each year a statement that describes the percentage of the attorney's practice time that was dedicated to work based on appointments accepted in this county for adult criminal cases and juvenile delinquency cases for the prior 12 months that begins on October 1 and ends on September 30. The report must be submitted through the online form to the Texas Indigent Defense Commission/form prescribed by the Texas Indigent Defense Commission to the court administration office in the county.

CRITICAL

Applies to

Order

Do not include a finding in the order that the application’s allegations are true.

Do not include a finding in the order that “the allegations contained in the application are true.”

CRITICALCriminal cases

Applies to

Attorney appointment application

Applicants who admitted to providing ineffective assistance of counsel in an official proceeding must attach applicable documents; a written explanation is optional.

If you have admitted, in connection with an official proceeding, to having provided ineffective assistance of counsel, attach any applicable documents and, if desired, a written explanation.

CRITICAL

Applies to

Heirship order

Unless a declaratory judgment has been requested and the posting and evidentiary requirements met, do not include information requiring a declaratory judgment in a routine heirship order, including specific property descriptions or whether the decedent owned separate real property.

Unless you have applied for a declaratory judgment and have met the posting and evidentiary requirements, DO NOT include in an heirship order any information that requires the Court to make a declaratory judgment. Such information that cannot be in a routine heirship order includes description of specific items of property, whether the decedent owned separate real property, etc.

CRITICALCivil cases

Applies to

Affidavit

A waiver affidavit must itself explicitly include every point in the attached notice; merely referring to an attached notice is insufficient.

When an heir or a beneficiary executes an affidavit waiving citation and waiving objection, the affidavit itself must explicitly include all of the points addressed in the "Notice of Application to Probate a Will More than Four Years after the Testator's Death" attached to this Order. It is not sufficient for the affidavit to refer to an attached notice.

CRITICALCivil cases

Applies to

Affidavit waiving citation

An affidavit waiving citation must itself explicitly include every point addressed in the attached notice; merely referring to an attached notice is insufficient.

When an heir or a devisee executes an affidavit waiving citation, the affidavit itself must explicitly include all of the points addressed in the "Notice of Application to Probate Copy of Lost Will or Codicil or Lost Will or Codicil without a Copy" attached to this Order. It is not sufficient for the affidavit to refer to an attached notice.

CRITICAL

Applies to

Judgment or order

Judgments or orders in uncontested matters, except qualifying settlements, and in the specified default matters must be presented at the hearing.

All judgments or orders in uncontested matters (except for settlements made pursuant to T.R.C.P. 11) and in default matters (where citation has been served and there has been no answer filed or other general appearance) must be presented at the time of hearing on the uncontested or default matter.