Hunt County Courts at Law Document Filing Requirements

CRITICAL

Applies to

Order

Place any “now known as,” a/k/a, or f/k/a name after the executor’s name as stated in the will.

The Court requires that the “now known as” name – or any other a/k/a or f/k/a/ name – follow the executor’s name as the name is given in the will.

CRITICALCriminal cases

Applies to

Affidavit of indigence and application for appointed attorney

The applicant must select one of the two statements about ability to pay for appointed counsel.

CHOOSE ONE: ( ) I have no ability to raise funds with which to employ an attorney and desire the court to appoint an attorney to defend me. ( ) I can afford payments of $ per week/month toward paying a court appointed attorney.

CRITICAL

Applies to

Resident agent appointment

An Appointment of Resident Agent must be signed before a notary, not a deputy clerk.

Note that an Appointment of Resident Agent must be signed before a notary, not a deputy clerk.

CRITICAL

Applies to

Oral testimony written proof and order

If benefits were received and not repaid, Applicant must include an additional statement in the oral testimony, written proof of facts, and order that states there is a: a. Spouse who is still alive, b. Child who is under 21 years of age,

If benefits were received and not repaid, Applicant must include an additional statement in the oral testimony, written proof of facts, and order that states there is a: a. Spouse who is still alive, b. Child who is under 21 years of age,

CRITICAL

Applies to

Written testimony

Under TEC § 202.151, this Court requires all oral evidence admitted in a proceeding to declare heirship to be reduced to writing and subscribed and sworn to by the witnesses following the hearing. Therefore, you should prepare written testimony in advance. The witnesses will sign their testimony before the Judge at the hearing.

Under TEC § 202.151, this Court requires all oral evidence admitted in a proceeding to declare heirship to be reduced to writing and subscribed and sworn to by the witnesses following the hearing. Therefore, you should prepare written testimony in advance. The witnesses will sign their testimony before the Judge at the hearing.

CRITICAL

Applies to

Application

To invoke the exception to notice, a verified party certificate or counsel certificate stating one of the specified grounds must be filed with the application.

Compliance with notice is not required if a verified certificate of a party or a certificate of counsel is filed with the application stating: a. That irreparable harm is likely imminent and there is insufficient time to notify the opposing party or counsel; or b. That to notify the opposing party or counsel would impair or annul the Court’s power to grant relief because the subject matter of the application could be compromised or property removed, secreted or destroyed, if notice were given.

CRITICAL

Applies to

Guardianship

The proposed guardian must execute and file the applicable Court-promulgated instructions 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 executed and filed the applicable instructions promulgated by the Court, which can be found on the Court’s website.

CRITICAL

Applies to

Order for muniment of title

An order for muniment of title must state that it transfers property to those named in the instrument.

The order must indicate that the effect of the order is to transfer property to those named in the instrument.

CRITICAL

Applies to

Plea bargain paperwork

When a client accepts a plea offer, counsel must immediately submit a completed Attorney Fee Voucher if appointed or a Request for Bill of Cost if retained.

3.5 Plea bargain paperwork/process. Once your client has notified you that he/she has accepted a plea bargain offer, you shall immediately: a. notify the prosecutor’s office that the plea has been accepted so that the prosecutor’s office can prepare the plea paperwork, and b. submit to the court clerk a completed Attorney Fee Voucher if appointed, or Request for Bill of Cost, if retained. These forms are promulgated by the Court and are found on the Court’s website.

CRITICAL

Applies to

Oral testimony, written proof of facts, and order

For an heirship determination without administration, the oral testimony, written proof of facts, and order must state which of the specified Medicaid-status circumstances applies.

Before the Court will sign an heirship determination with no administration, 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

Applies to

Application

An application to probate a copy or lost will must state the specified information about the original will, its contents, devisees, and the decedent’s heirs.

TEC § 256.054 and § 257.053 require that the application state (1) the reason the original will cannot be produced, (2) the contents of the will, as far as known, (3) the date of the will and the executor appointed in the will, if any, as far as known, and (4) the name, age, marital status, and address, if known, of each devisee named in the will and of each of decedent’s heirs.

CRITICALCivil cases

Applies to

Notice or affidavit

Notice or a waiver affidavit is required for each reasonably ascertainable heir, or for each beneficiary of a previously probated will instead of the heirs.

The notices or affidavits are required (1) for each of the testator' s heirs whose address can be ascertained by the applicant with reasonable diligence or (2) if another will of the testator has already been admitted to probate, for each beneficiary of the testator' s previously probated will instead of the testator' s heirs.

CRITICALCivil cases

Applies to

Invoice

If time spent on an activity may be perceived as excessive, add a bracketed explanation at the end of the invoice entry justifying the time.

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.

CRITICALCivil cases

Applies to

Invoice

Invoices must itemize unrelated activities separately with their respective times and amounts rather than block-billing them.

Avoid Block Billing - Itemize all unrelated activ ities separately, with their respective times and amounts. Do not block bill for unrelated activ ities. Block billing is a practice whereby time entries contain several unrelated items with a single cumulative time and amount, rather than complete itemization.

CRITICAL

Applies to

Written testimony

A witness must testify in open court unless testimony is offered by deposition; open-court testimony must be reduced to writing, prepared and submitted in advance as questions and answers or an affidavit, and signed before the judge immediately after the hearing.

5.1 Testimony reduced to writing. As required by the Estates Code a witness needs to testify in open court, unless testimony is offered by deposition. §256.157 also requires that testimony taken in open court during the hearing be reduced to writing. Therefore, written testimony needs to be prepared in advance, either in question-and- answer form or in the form of an affidavit. Although the testimony must be prepared and submitted in advance, the witness will not sign the written testimony until immediately after the hearing, when the witness signs the testimony before the judge.

CRITICALCivil cases

Applies to

Citation

The Clerk must attach the Order’s specified notice of the right to object to every citation issued under Texas Estates Code § 258.002.

The Clerk must attach to each citation issued under Texas Estates Code § 258.002 the "Notice of Application to Probate Copy of Lost Will or Codicil or Lost Will or Codicil without a Copy" that is attached to this Order, informing all persons interested in the estate of their right to object to the probate.

CRITICALCriminal cases

Applies to

Application

Applicants answering yes must attach copies of all final orders or deferred-adjudication orders and judgments.

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

CRITICAL

Applies to

Oral testimony, written proof of facts, and order

If Medicaid benefits were received and not repaid, the oral testimony, written proof of facts, and order must state that one of the listed qualifying relatives exists.

If benefits were received and not repaid, Applicant must include an additional statement in the oral testimony, written proof of facts, and order that states there is a: e. Spouse who is still alive, f. Child who is under 21 years of age, g. Child who is blind or permanently and totally disabled under social security requirements, or h. Unmarried adult child who lived full-time in the Medicaid person’s home for at least one year before the death of Medicaid recipient.

CRITICALCivil cases

Applies to

Written objection

Anyone objecting to the probate must file a written objection with the Clerk.

If you want to object to the probate of the will more than four years after the Decedent's death, you need to file a written objection with the Clerk.

CRITICAL

Applies to

Response

Responses must be in writing.

Responses shall be in writing.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must state each person entitled to notice’s name, address, telephone number, e-mail address, and any other contact information known to the applicant.

Within the time prescribed by the court, a person who files an application under Section 1101.001 shall file an affidavit with the court that states the name, address, telephone number, e-mail address, and other contact information if known by the applicant for each person entitled to notice under Section 1051.104(a). (Emphasis added)

CRITICAL

Applies to

Order granting letters of administration

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.

CRITICAL

Applies to

Appointment order

Applicants must use the Court-promulgated order appointing an attorney ad litem for heirships.

Applicant shall use the Order Appointing Attorney Ad Litem (for heirships) promulgated by the Court, which is found on the Court’s website.

CRITICAL

Applies to

Witness testimony statement

The applicant’s attorney must prepare a written statement of the witness’s testimony phrased as court testimony.

and the applicant’s attorney needs to prepare a written statement of the witness’s testimony, phrased as court testimony.

CRITICAL

Applies to

Court instructions

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.

CRITICAL

Applies to

Proof of death and other facts

In the Proof, do not have the witness state that the will was self-proved or request judicial notice of the foreign jurisdiction’s self-proof laws.

(As with all Proofs, do not have the witness state that the will was self-proved; the Court will make that determination. Also do not request in the Proof that the Court take judicial notice of the laws regarding self-proof of foreign jurisdiction.)

CRITICALCriminal cases

Applies to

Attorney qualifications affidavit

The application must include the attorney's sworn or affirmed statement that its information is true and accurate.

and swear or affirm that the information contained herein is true and accurate.

CRITICAL

Applies to

Default judgment motion

Before requesting a setting on a default judgment motion, complete and file the checklist applicable to the method of service.

Prior to requesting a setting on a Motion for Default Judgment, the Court’s Default Judgment Checklist for Personal Service or Certified Mail or Default Judgment Checklist for Alternative or Substituted Service must be completed and filed (the checklists may be found on the Court’s website).

CRITICALCriminal cases

Applies to

Court appointed attorney fee voucher

A voucher claiming hourly-rate fees must include a detailed invoice.

4. HOURLY RATE FEE (Required: Attach detailed Invoice)

CRITICAL

Applies to

Uncontested heirship hearing documents

At the hearing, and not before, the Court shall be presented with the following required documents (a-c only apply if you are seeking an administration in conjunction with a declaration of heirship): 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 only apply if you are seeking an administration in conjunction with a declaration of heirship): a. General Information Sheet (completed) b. Court’s Instructions (completed) c. Oath (unexecuted) d. Safekeeping Agreement & Order (if applicable) e. Proposed Order

WARNING

Applies to

Order

The Court will make findings explicitly rather than by referring to another document.

The Court will make all of its findings explicitly, rather than by reference to another document, especially since applications sometimes include allegations that will not be proved up during the hearing.

WARNING

Applies to

Application and order

When an application and order use a/k/a or similar acronyms, appropriate testimony about the different names may be needed unless the differences are self-explanatory.

If you need to use a/k/a or similar acronyms in the application and order, you might also need to put on appropriate testimony about the different names unless the differences are self-explanatory.

WARNING

Applies to

POD

The POD should prove allegations not covered by the disinterested witnesses; the information is usually provided by the applicant but may be presented by anyone with personal knowledge.

The POD should prove-up the allegations in the application that will not be proved by the disinterested witnesses who will testify as to the identity of the heirs. This information is usually provided by the applicant, but it can be presented by anyone with personal knowledge of the facts presented.

WARNING

Applies to

Application for heirship

Therefore, an application should indicate each heir’s interest in each type of property for which the shares are different: separate personal property, separate real property, and community property.

Therefore, an application should indicate each heir’s interest in each type of property for which the shares are different: separate personal property, separate real property, and community property.

WARNINGCivil cases

Applies to

Citation

When an applicant seeks to probate a will more than four years after the testator' s death, all citations prepared by the Clerk, including the citation by posting, should include the "Notice of Application to Probate a Will More than Four Years after the Testator' s Death" that is attached to this Order.

When an applicant seeks to probate a will more than four years after the testator' s death, all citations prepared by the Clerk, including the citation by posting, should include the "Notice of Application to Probate a Will More than Four Years after the Testator' s Death" that is attached to this Order.

WARNINGCivil cases

Applies to

Attorney work submission

Attorney work should be submitted periodically as it would be when an attorney represents a client.

The attorney work should be submitted periodically just as an attorney would if representing a client.

WARNINGCivil cases

Applies to

Fee application

The fiduciary who hired the attorney should sign the application.

The fiduciary who hired the attorney should sign the application.

WARNINGCivil cases

Applies to

Annual or final account

If the statutory compensation formula is believed to be unreasonably low, the attorney should submit with the annual or final account either the total personal-representative compensation time reported or contemporaneous records of fiduciary services for which additional hourly compensation is sought.

Should the attorney believe that the statutory compensation formula as applied to a particular estate or guardianship is unreasonably low (see Texas Estates Code §352.001 et seq. and § 1155.001 et seq.), then he or she should submit, with the annual or final account, the total personal representative compensation time reported, or contemporaneous time records of the fiduciary services for which additional hourly compensation is requested above the statutory fee.

WARNING

When the will creates an independent administration for the serving executor, seeking an heirship proceeding to determine heirs to intestate property is discretionary, but without one the independent executor assumes the risk of incorrect distribution.

When the will creates an independent administration for the executor who will serve, you can decide whether to seek an heirship to determine the heirs for the property that does not pass under the will. Of course, if there is no heirship proceeding, the independent executor assumes the risk that the intestate property will be distributed incorrectly.

WARNINGCivil cases

Applies to

Fee application

Applications for attorney's fees should give a detailed account of the legal services he or she rendered to the probate or guardianship estate.

Applications for attorney's fees should give a detailed account of the legal services he or she rendered to the probate or guardianship estate.

WARNING

Applies to

Dismissal notice

A copy of the dismissal-intent notice must be filed with the case papers.

A copy of such notice shall be filed with the papers of the cause.

WARNING

Applies to

Proof of death

There are times when additional information is needed in a POD. You should review the case and determine whether any extra information needs to be included. The following are some of the situations when additional information is needed: a. a first-named executor is unable to serve b. a resident agent needs to be appointed c. a will is being probated more than four years after the decedent’s death d. a copy of a will is being probated e. a name was spelled incorrectly in the will f. a party is now known by a different name g. the decedent’s name on the Death Verification varies significantly from the name in the will

There are times when additional information is needed in a POD. You should review the case and determine whether any extra information needs to be included. The following are some of the situations when additional information is needed: a. a first-named executor is unable to serve b. a resident agent needs to be appointed c. a will is being probated more than four years after the decedent’s death d. a copy of a will is being probated e. a name was spelled incorrectly in the will f. a party is now known by a different name g. the decedent’s name on the Death Verification varies significantly from the name in the will

WARNINGCriminal cases

Applies to

Application for court appointed attorney

A magistrate need not submit an Application for Court Appointed Attorney when submitting either qualifying notice or report.

The magistrate need not submit an Application for Court Appointed Attorney on behalf of the defendant when submitting either of the above.

WARNINGCivil cases

Applies to

Fee application

Must include

proposed order

Attach an Order approving the fees containing a blank for the fees, expenses, and total amount, so the Judge may fill in the approved amounts.

Attach an Order approving the fees containing a blank for the fees, expenses, and total amount, so the Judge may fill in the approved amounts.

WARNING

Applies to

Order

If administration is sought together with a declaration of heirship, the attorney should submit one order.

If an administration is sought in conjunction with the declaration of heirship, the attorney should submit one order

WARNING

Applies to

Payment request

Payment requests are governed by a separate order and forms.

IX. Request for payment is governed by a separate order and forms.

WARNING

Applies to

Application for independent administration

For an independent administration, the application should request a bond waiver when applicable.

If applicable in an independent administration, the application should also request that bond be waived.

WARNINGCivil cases

Applies to

Fee application

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

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

WARNING

Applies to

Judgment order or decree

If a judgment, order, or decree is not furnished to the Court, the case may be placed on the next dismissal docket and dismissed, with costs taxed at the Court’s discretion.

Upon failure to furnish the Court with a judgment, order or decree the Court may place the case on the next regularly scheduled dismissal docket, whereupon the case may be dismissed and costs may be taxed at the Court's discretion.

WARNING

Applies to

Written testimony

Written witness testimony should be prepared in advance as an affidavit phrased as court testimony.

Written testimony should be prepared in advance in the form of an affidavit phrased as court testimony.