Hunt County Courts at Law Document Filing Requirements

WARNINGCivil cases

Applies to

Affidavit

The Court prefers that attorneys adapt the attached sample affidavit to ensure it includes all necessary information.

A sample affidavit waiving citation and waiving objection is attached to this Order. The Court does prefers that attorneys adapt this form affidavit to ensure all necessary information is included.

WARNINGCivil cases

Applies to

Citation or waiver of citation

The Court recommends giving all heirs explicit notice of their right to object, either with the citation or as part of a waiver of citation.

As authorized by Texas Estates Code § 51.151 , explicit notice of their right to object should be given to all heirs, either attached to all citations prepared by the Clerk or included as part of all waivers of citation.

WARNING

Applies to

Safekeeping agreement

A Safekeeping Agreement may be put in place only with a financial institution as defined by Texas Finance Code §201.101.

Please note that Safekeeping Agreements may only be put in place with “financial institutions” as defined by Texas Finance Code §201.101.

WARNINGCivil cases

Applies to

Attorney ad litem appointment

The Court recommends appointing an attorney ad litem in these cases, except when another will has already been admitted to probate.

In all cases when an applicant seeks to probate a will more than four years after the testator' s death - except when another will of the testator has already been admitted to probate - an attorney ad litem should be appointed to ensure that all heirs are identified and noticed as well as to protect the interests of any heirs who cannot be located and any heirs with a legal disability.

WARNINGCivil cases

Applies to

Fee application

A fee application should identify its accounting period in the title or prominently in the body.

Indicate the period covered by the application in the title or prominently in the body.

WARNING

Applies to

Application

The Court prefers a combined heirship and administration application, and prefers that administration applications be accompanied by an heirship application.

The Court prefers that an application for the determination of heirship also contain an application for administration, either independent or dependent, and that all applications for administration be accompanied by an application for determination of heirship.

WARNING

Applies to

Distributee consent

Each consent should: a. specifically consent to an independent administration, requesting that no other action shall be had in the county court in relation to the settlement of the decedent’s estate other than the return of an inventory, etc., b. designate “x” as independent administrator (and waive own right to serve), waive bond, if that’s what the application requests, and c. if combined with the waiver of service, include that language as well.

Each consent should: a. specifically consent to an independent administration, requesting that no other action shall be had in the county court in relation to the settlement of the decedent’s estate other than the return of an inventory, etc., b. designate “x” as independent administrator (and waive own right to serve), waive bond, if that’s what the application requests, and c. if combined with the waiver of service, include that language as well.

INFO

Applies to

POD and other testimony witnesses will sign at the hearing

To streamline the process, include the specified Court and judge information in the signature block for the POD and any other testimony witnesses will sign at the hearing.

For the POD and any other testimony that witnesses will sign at the hearing, you will streamline the process if your signature block for the Court includes the following information: Hunt County Court at Law #2 _______________________ Judge Presiding

INFO

Applies to

Application

If the applicant is not the executor named in the will, it is helpful for the application to explain why the applicant is an interested person.

4.10 When the named executor is not the applicant. Under TEC § 256.051 and 301.051, the applicant must be an executor named in the will or an “interested person.” If your Applicant is not the executor named in the will, it’s helpful if your application explicitly indicates why the applicant is “an interested person.” See TEC § 22.018 for the definition of “interested person.”

INFO

Applies to

Proof of death and witness testimony

For the POD and other witness testimony signed at the hearing, the Court recommends using a signature block that identifies Hunt County Court at Law #2 and includes a Judge Presiding signature line.

For the POD and any other testimony that witnesses will sign at the hearing, you will streamline the process if your signature block for the Court includes the following information: Hunt County Court at Law #2 ___________________________________ Judge Presiding

INFO

Applies to

Probate document

Document titles should be specific, with the listed examples illustrating suitable titles.

Titles of documents should be specific. Specific titles make the clerk’s docket sheet and the indexed documents in the clerk’s databases more usable. For example, “Order Admitting Will and First Codicil to Probate and Authorizing Letters Testamentary” . . . “Oath of Independent Executor” . . . “Testimony of Subscribing Witness.”

INFO

The Court prefers to hear the heirship proceeding and will probate together and issue a combined order.

The Court prefers to hear the heirship proceeding and the will probate at the same time, with a combined order.

INFOCriminal cases

Applies to

Juvenile acknowledgment

The juvenile's acknowledgment is not required and may be used at the magistrate's discretion.

however, the following Acknowledgment by the Juvenile is not required. This procedure is optional at the discretion of the magistrate.

INFOCivil cases

Applies to

Sample affidavit waiving citation

Use of the sample affidavit is not required, but the Court prefers that attorneys adapt it to ensure all necessary information is included.

A sample affidavit waiving citation is attached to this Order. The Court does not require he use of this specifi fo rm, but the Court prefers that attorneys adapt this for m affidavit to ensure all necessary information is · eluded.

INFOCivil cases

Applies to

Invoice

Including the legend with an invoice is not required but is helpful to the court.

The Legend set out below is not required by, but is very helpful to, the Courts:

INFOCriminal cases

Applies to

Request for permanent removal

An attorney may request permanent removal from the appointment lists at any time, and the request must be in writing.

An attorney may at any time request in writing to be permanently removed from the appointment list(s).

INFOCivil cases

Applies to

Billing

Court appointees are expected to maintain itemized billing at the standard rate and should be prepared to submit it when requesting compensation above the flat rate for a case that may not be typical or average.

Court appointees are expected to maintain itemized billing at the standard rate and should be prepared to submit the billing should the appointee request compensation above the flat rate described herein for cases that may not be typical or average.

CRITICALCriminal cases

Submit either the specified magistrate notice or written report; receipt triggers appointment of an attorney for a qualifying Class A or B misdemeanor defendant.

The Hunt County Courts at Law will appoint an attorney to represent a defendant charged with a Class A or Class B Misdemeanor upon receiving: (1) notice that a magistrate, pursuant to Article 16.22(a)(l) of the Code of Criminal Procedure has determined that there is reasonable cause to believe that a defendant has a mental illness or is a person with intellectual disabilities; OR (2) a written report pursuant to Article 16.22(a)( l )(B) and (b-2) of the Texas Code of Criminal Procedure that a defendant has a mental illness or is a person with intellectual disabilities. Please submit the above to the County Court at Law Administrative Judge, which is currently Judge Joel D. Littlefield, County Court at Law No. 2 via email to Amenda Henderson, the Court Coordinator at the following e 11 ad ess: ahenderson@huntcounty.net.