Travis County Courts at Law Document Filing Requirements

CRITICALCivil cases

Applies to

Annual final account

The account checklist requires confirmation that the account includes all assets administered for the estate.

The account includes all assets that the Guardian/Representative is administering on behalf of the estate.

CRITICALCivil cases

Applies to

Final account

For a final account, a final report of the person must also be filed.

A final report of the person has also been filed.

CRITICALCivil cases

Applies to

Annual final account

Any safekeeping agreements applicable to estate funds must be ready for submission with the backup documentation.

Any safekeeping agreements applicable to funds in this estate are ready to be submitted with the backup documentation.

CRITICALCivil cases

Applies to

Accounting backup

An electronic version of all required backup must be provided by email or on a flash drive delivered with the paper backup; counsel may retrieve the flash drive after the Court saves the electronic version.

An electronic version of all required back-up (see #2 above). This electronic version, may be emailed to probate auditors@traviscountytx.gov or may be submitted on a flash drive delivered with the paper back-up to the office of the Court Coordinator. The Court will retain an electronic version of the back-up in its internal files, Counsel may arrange to pick up a submitted flash drive after the electronic version of the back-up has been saved.

CRITICALCivil cases

Applies to

Accounting backup

Unredacted paper copies or originals of all required accounting backup must be delivered by mail or hand delivery to the Court Coordinator.

Unredacted paper copies of all required back-up including financial statements (for example, all bank statements, copies of returned checks, brokerage statements, etc.). Copies or originals are acceptable, as long as they are unredacted. Deliver by mail or by hard-delivery to the office of the Court Coordinator.

CRITICAL

Applies to

Media coverage request

A person seeking media coverage must file a request with the District Clerk stating the case style and number, proceeding date and time, requester, requested coverage type, and equipment type and extent.

A person wishing to broadcast, televise, record or photograph a court proceeding must file with the District Clerk a request to cover the proceeding. The request must state: (A) the case style and number; (B) the date and time when the proceeding is to begin; (C) the name of the requesting person or organization; (D) the type of coverage requested (for example, televising, recording or photographing); and (E) the type and extent of equipment to be used.

CRITICALCivil cases

Applies to

Annual final account

An Annual or Final Account must include the Court-posted Account Submission Checklist, or its future approved modification, as a cover sheet to be approved.

It is therefore ORDERED that the Travis County Probate Court No. 2 will not approve any Annual or Final Account unless it includes as a cover sheet the Account Submission Checklist posted on the Court's Annual and Final Accountings and Reimbursements website (or whatever modification of the approved form is posted in the future).

CRITICALCivil cases

Applies to

Accounting

In a probate, provide the names and birth dates of any minor heirs.

5. In a probate, the names and birth dates of all minor heirs, if any.

CRITICALCivil cases

Applies to

Annual or final account

An Annual or Final Account must include the Court’s Account Submission Checklist as a cover sheet, using the posted form or its future modification, or the Court will not approve it.

It is therefore ORDERED that the Travis County Probate Court No. 1 will not approve any Annual or Final Account unless it includes as a cover sheet the Account Submission Checklist posted on the Court’s Annual and Final Accountings and Reimbursements website (or whatever modification of the approved form is posted in the future).

CRITICALCivil cases

Applies to

Application

If an attorney ad litem needs to be appointed, the applicant must provide the Clerk with copies of the application and will for the attorney ad litem.

The applicant must provide the Clerk with copies of the application and the will to be sent to the attorney ad litem.

CRITICALCivil cases

Applies to

Notice or waiver affidavit

The notice or waiver affidavit must state that the person offering the will may not be in default for failing to present it within the four-year period 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 failing to present the will for probate during the four-year period immediately following the testator's death.

CRITICALCivil cases

Applies to

Account

The account’s backup documentation must include the bond affidavit or renewal receipt.

The Bond Affidavit/receipt for renewal is included in the backup documentation.

CRITICAL

Applies to

Request for order

When coverage is sought with consent, Court-adopted forms must evidence the parties’ and witnesses’ consent, and the parties’ original signed forms must be attached to and filed with the request for order.

If media coverage is sought with consent, consent forms adopted by the Court shall be used to evidence the consent of the parties and witnesses. Original signed consent forms of the parties shall be attached to and filed with the request for order.

CRITICALCivil cases

Applies to

First annual accounting

For a first annual accounting, deliver an unredacted copy of the inventory.

4. If it is a first annual accounting, an unredacted copy of the inventory.

CRITICALCivil cases

Applies to

Account

The Guardian or Representative must sign the Account under penalty of perjury.

The Guardian/Representative has signed the Account under penalty of perjury.

CRITICAL

Applies to

Witness consent forms

Witness consent forms must be obtained in the manner directed by the Court.

Consent forms of the witnesses shall be obtained in the manner directed by the Court.

CRITICALCivil cases

Applies to

Annual final account

For a guardianship, the checklist requires Social Security benefits received by the ward to be managed either by the guardian and accounted for in the account, or by a representative payee and kept separate from the guardianship estate and its accounts.

If this is a guardianship, any Social Security benefits received by the ward are managed by: The guardian as guardian, and are accounted for in this account. A representative payee, and not commingled with the guardianship estate and its accounts.

CRITICALCivil cases

Applies to

Personal citation

It is therefore ordered that when an application for guardianship is filed, the Clerk must attach to each personal citation on a proposed ward issued under either Texas Estates Code §1051.103(a)(1) or Texas Estates Code §1251.005 the "Bill of Rights for Persons under Guardianship" that is attached to this Order, informing the proposed ward of the proposed ward's rights if he or she is placed under a guardianship.

It is therefore ordered that when an application for guardianship is filed, the Clerk must attach to each personal citation on a proposed ward issued under either Texas Estates Code §1051.103(a)(1) or Texas Estates Code §1251.005 the "Bill of Rights for Persons under Guardianship" that is attached to this Order, informing the proposed ward of the proposed ward's rights if he or she is placed under a guardianship.

CRITICAL

Applies to

Objection to motion to retain

An objection to a motion to retain must include a written memorandum stating the factual and legal basis for the objection.

Parties objecting to a motion to retain shall file a written memorandum containing the factual and legal basis supporting the objection.

CRITICALCivil cases

Applies to

First annual accounting

A first annual accounting must be accompanied by an unredacted copy of the inventory.

If it is a first annual accounting, an unredacted copy of the inventory.

CRITICAL

Applies to

Personal citation

In all applications to appoint a guardian, the Bill of Rights for Persons Under Guardianship must be attached to the personal citation on the proposed ward.

Administrative Order Requiring "Bill of Rights for Persons Under Guardianship" to Be Attached to the Personal Citation on the Proposed Ward in All Applications to Appoint a Guardian

CRITICALCivil cases

Applies to

Annual final account

The backup documentation must include the Tax Affidavit.

The Tax Affidavit is included in the backup documentation.

CRITICALCivil cases

Applies to

Accounting

Deliver an unredacted paper copy of the filed accounting by mail or hand delivery to the Court Coordinator, and clearly show the filing date on its first page.

1. An unredacted paper copy of the filed accounting. On the first page, clearly indicate the date the accounting was filed. Deliver by mail or by hand-delivery to the office of the Court Coordinator.

CRITICALCivil cases

Applies to

Affidavit

An affidavit of compliance with Estates Code Section 362.005 must be filed.

I will file an affidavit of compliance with Estates Code Sec. 362.005.

CRITICAL

Applies to

Personal citation

In all applications to appoint a guardian, the Bill of Rights for Persons Under Guardianship must be attached to the personal citation on the proposed ward.

Administrative Order Requiring "Bill of Rights for Persons Under Guardianship" To Be Attached to the Personal Citation on the Proposed Ward in All Applications to Appoint Guardian

CRITICALCriminal cases

Applies to

Adoption order

A nonsignatory judge may adopt the Order by executing and filing a written adoption order with their Clerk and providing copies to the other two Clerks.

Any District Court Judge, County Court Judge, or Municipal Court Judge acting as a magistrate who is not a signatory to this Order may become a signatory to this Order by executing a written order adopting this Order for such Judge and filing such adoption order with their Clerk, with copies to the other two Clerks.

CRITICALCivil cases

Applies to

Citation

When a will cannot be produced in court, the citation must substantially state the application’s contents and the time, place, and court where the application will be acted upon.

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.

CRITICALCivil cases

Applies to

Citation

The Clerk must attach the Notice of Application to each 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.

CRITICALCivil cases

Applies to

Accounting

An unredacted paper copy of the filed accounting must be delivered by mail or hand delivery to the Court Coordinator, with the filing date clearly indicated on its first page.

An unredacted paper copy of the filed accounting. On the first page, clearly indicate the date the accounting was filed, Deliver by mail or by hand-delivery to the office of the Court Coordinator.

CRITICALCivil cases

Applies to

Application

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

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.

CRITICALCriminal cases

A copy of the order must be filed with the County Clerk.

A copy ofthis order shall be filed with the County Clerk.

CRITICALCivil cases

Applies to

Annual final account

For each month of the accounting period, monthly statements for every bank, brokerage, or similar account must have been reviewed and be ready for submission with the backup documentation.

Monthly statements for each bank/brokerage/etc. account for each month of this accounting period were reviewed in the preparation of this account and are ready to be submitted with the backup documentation.

CRITICAL

Applies to

Account submission

The Court's Account Submission Checklist must be used.

Administrative Order Requiring the Use of the Court's Account Submission Checklist

CRITICAL

Applies to

Media coverage request

The media coverage request includes an agreement that all participating media personnel will comply with Rule 18 c and the Guidelines.

1 All media personnel covering the proceeding will comply with the provisions of Rule 18 c of the Texas Rules of Civil Procedure and the Guidelines.

CRITICALCivil cases

Applies to

Affidavit waiving citation

An affidavit waiving citation must itself explicitly include every point 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.

CRITICALCivil cases

Applies to

Affidavit of compliance

An affidavit of compliance with Estates Code Section 362.005 must be filed.

I will file an affidavit of compliance with Estates Code Sec. 362.005.

CRITICALCivil cases

Applies to

Accounting backup

Deliver unredacted paper copies or originals of all required accounting backup, including financial statements, by mail or hand delivery to the Court Coordinator.

Unredacted paper copies of all required back-up including financial statements (for example, all bank statements, copies of returned checks, brokerage statements, etc.). Copies or originals are acceptable, as long as they are unredacted. Deliver by mail or by hand-delivery to the office of the Court Coordinator.

CRITICALCivil cases

Applies to

Attorney ad litem submission

If an attorney ad litem will be appointed, the applicant must give the Clerk copies of the application and will for forwarding to the attorney ad litem.

When an attorney ad litem will be appointed, the applicant must provide the Clerk with copies of the application and the will to be sent to the attorney ad litem.

CRITICALCivil cases

Applies to

Probate accounting

For a probate, the names and birth dates of all minor heirs, if any, must be provided.

In a probate, the names and birth dates of all minor heirs, if any.

CRITICAL

Applies to

Request for media coverage

The request for media coverage without consent includes the courtroom, equipment, and coverage dates; the applicant’s stated agreements to comply with Rule 18 c and the Guidelines and cease coverage if permission is withdrawn; and a statement that the original was filed with the County Clerk and copies delivered to the trial court and court administrator.

Pursuant to Rule 18 c (a) of the Texas Rules of Civil Procedure and the Court’s Guidelines for Photographing, Recording and Broadcasting in the Courtroom (Guidelines), I request media coverage of the above described case without consent of the parties or witnesses, as follows: 1 Courtroom: _________________________________. 2 Equipment: ________________________________________. 3 Dates of Coverage: __________________________________. I, individually, and on behalf of the personnel of the media agency I represent and all media personnel who participate in media coverage through any pooling agreement, understand and agree that: 1 All media personnel covering the proceeding will comply with the provisions of Rule 18 c of the Texas Rules of Civil Procedure and the Guidelines. 2 Permission may be withdrawn by the Court any time pursuant to the Guidelines, at which time media coverage will immediately cease. The original of this request was filed with the County Clerk, with a copy delivered to the trial court and the court administrator, on _____________________.

CRITICALCivil cases

Applies to

Proposed order

The proposed order must grant all necessary authority.

The proposed order grants all necessary authority.

CRITICALCivil cases

Applies to

Annual final account

Expenditures must be itemized or categorized in the account.

Expenditures are itemized or categorized in the account for ease of review.

CRITICAL

Applies to

Proposed judgment or order

Must include

judge name

Each proposed judgment or order must provide a Judge’s signature line and type the presiding Judge’s name below it.

Every proposed judgment or order shall have a line for the Judge’s signature, with the name of the presiding Judge typed below the line.

CRITICALCivil cases

Applies to

Annual final account

Receipts or invoices for every expenditure, including cash transactions, must have been reviewed and be ready for submission with the backup documentation.

Receipts or invoices for each expenditure, including cash transactions, were reviewed in the preparation of this account and are ready to be submitted with the backup documentation.

CRITICALCivil cases

Applies to

Written objection

Anyone objecting to probate 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.

CRITICALCivil cases

Applies to

Annual final account

Verifications of deposit must be ready for submission with the backup documentation.

Verifications of deposit are ready to be submitted with the backup documentation.

CRITICAL

Applies to

Proposed judgment or order

Each proposed judgment or order must have a heading stating the cause number, case style, and court where the case is pending.

Every proposed judgment or order shall have a heading that includes the cause number, the style of the case, and the court in which the case is pending.

CRITICALCivil cases

Applies to

Annual final account

The Account Submission Checklist is a required cover sheet for every annual and final account.

It is a required cover sheet for all annual and final accounts by Administrative Order, in part to ensure that court staff are not devoting time to accounts that are incomplete.

CRITICALCivil cases

Applies to

Annual final account

The checklist requires counsel to confirm having read the referenced administrative order and ensured that the filed account and submitted backup documentation comply with it.

I have read the Courts' Administrative Order Regarding the Filing of Annual and Final Accounts following the Texas Supreme Court's Adoption of Texas Rule of Civil Procedure 21c and have ensured that the filed account and the backup documentation I am submitting comply with that order.

CRITICALCivil cases

Applies to

Waiver affidavit

A waiver affidavit must explicitly include every point in the attached Notice; referring to the 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 attached "Notice of Application to Probate a Will More than Four Years after the Testator's Death.' It is not sufficient for the affidavit to refer to an attached notice.'