Probate Information

PROBATE:

This Court hears issues associated with the estates of deceased persons, guardianships for minors, and incapacitated persons. The County Clerk issues citations, letters of guardianship, letters testamentary, notices, and other documents as required by law.

The legal process of transferring property upon a person’s death is known as “probate” People formalize their intentions as to the transfer of their property or estate at the time of death, typically in a Last Will and Testament. During probate their property is collected, certain debts are paid from the estate, and the remaining property is distributed. Probating a Will is a process by which a person shows the court that the decedent followed all legal formalities in drafting his or her Will appropriately, an Executor is appointed, and the court signs an Order Probating the Will.

If a decedent died without a will (called intestate), an Administration can be set up by a Judge with an Administrator appointed by the Judge

GUARDIANSHIP:

You wish to be appointed to be the legal representative of a person and or estate by the Judge. This is a serious responsibility and requires specific action on your part. You may be subject to removal as representative, as well as to civil and criminal penalties, if you do not adhere to the orders of this court, as well as the provisions of the Texas Probate Code as they apply to of the person. It is not permissible for the Judge to give legal advice. You should consult with an attorney regarding any questions you may have about your duties and responsibilities.

As guardian of the person you are required to file an Annual Report. The due date relates back to the date the original letters of guardianship was issued. The annual report is due in the County Clerk’s Office each year from the date the original Order was signed by Judge. Your Annual Report form must be completed and signed before a notary. The Annual Report form is not required to be filled out or filed by an attorney, rather it should be completed by the guardian themselves.

If you are Guardian of the person and the estate, you must file your Annual Report and Annual Account forms on the same day in the County Clerk’s Office. They are required to be held for 10 days before sending to the Judge for approval.