In order to qualify, the person must be 18 years of age or older, have no interest in the case, and have on file with the appropriate court an affidavit stating these facts or be certified by the Texas Supreme Court. Service of Process by Authorized Person other than Constable or Sheriff: Process may be served in many instances by a private citizen authorized by order of the court to provide this service. Fees may be charged to a credit card via telephone or mail by supplying the account number, expiration date, and card holder's zip code. Per the Court’s procedures, the Attorney Certification, CME, and the Motion/Order to Appoint Attorney Ad Litem MUST be filed when the guardianship case is filed. Filings submitted without the required documents will be rejected per “Judge’s Request.”įee Schedules - Effective January 1, 2024ĪLL fees are due and payable at the time of filing. (c) An attorney may commence representation of a person's interests and file an appearance in a guardianship proceeding before completing the course required for certification under Subsection (a) but must complete the course not later than the 14th day after the date of filing the appearance and before filing any substantive motion in the guardianship proceeding. (b) The State Bar of Texas shall require four hours of credit for certification under this subchapter, including one hour on alternatives to guardianship and supports and services available to proposed wards. (a) Except as provided by Subsection (c), an attorney representing any person's interests in a guardianship proceeding, including an attorney ad litem, must be certified by the State Bar of Texas, or a person or other entity designated by the State Bar, as having successfully completed a course of study in guardianship law and procedure sponsored by the state bar or the state bar's designee. The application, any contest, and all subsequent instruments relating to the case are prepared by the party submitting the application or the party's attorney(s) except for the clerk's processes.Īll original wills must be filed with the Clerk's Office within three (3) days of e-filing the Application for Probate per Rule 21 (f)(12) of the Texas Rules of Civil Procedure.Īs required by Estates Code §1054.201, all attorneys, not just the attorney who files the case but any attorney working on a guardianship matter, must be certified in guardianship law and procedure. Any person interested in the estate may, at any time before any issue in any proceeding is decided by the court, file an opposition thereto. Īn executor named in a will or any interested person may make application to probate a will. For further information concerning questions of venue, consult. ProbateĪs a general rule probate cases are heard in the deceased or wards county of residence except in certain instances. Probate and Guardianship Cases deal with protecting the wishes, rights, and obligations of a person regarding their property and/or assets when these persons are unable to do so because they are a minor, have an incapacitating illness (physical or mental), or as a result of death. Monthly OCA Appointment and Fees Report.Rules of the Justice Court, Judge Monk, Pct.
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