Piece of the Puzzle, Part of the Whole Learn some recommended - - PDF document

2019 County and District Clerks’ Association

• f Texas

Annual Education Conference

June 23-27, 2019 The Woodlands Waterway Marriott Hotel & Convention Center

Piece of the Puzzle, Part of the Whole

Breakout 1: Probate: Where There’s a “Will”…There’s a Way (sort of)

Tuesday, June 25, 2019 1–2:30 p.m

• Hon. Beth Rothermel

Washington County Clerk

• Hon. Julie Smith

Potter County Clerk

Learn some recommended “tips and tools” that can aid with probate proceedings. Join us as we explain steps to probate proceedings that will help your office and the court navigate the probate process.

• Hon. Beth Rothermel, Washington County

Clerk Beth Rothermel has been County Clerk of Washington County since 1995, was born and raised in Washington County. She graduated from Brenham High School, Blinn College and Texas A&M University. A passionate historian, she has embarked

• n

projects involving conservation of old books and computerization

• f most records in the County Clerk's office for

more efficient research. Rothermel has served on many committees and in all offices of the County and District Clerks' Association of Texas (CDCAT), including a term as president in 2005-

• 2006. She became a Master Registrar in 2004. She

was a founding board member of the Risk Management Board of the Texas Association of Counties, was on the advisory committee to the Texas State Library and Archives, Office of Court Administration Judicial Data Workgroup, and has served as a mentor to other clerks. Rothermel also served on the National Association of Counties Telecommunications Committee for several years.

• Hon. Julie Smith, Potter County Clerk

Julie Smith took office as Potter County clerk in

• 2007. In office, she has served on various boards

and committees within Potter County. She has also served on various committees within CDCAT, currently on the Probate Academy Committee and as director in Region 1.

1

Independent Administration

I I can can do do it! it!

What is an Independent Administration?

■ Been used in Texas since 1840’s! ■ Administration without judicial supervision ■ EC 301-402 ■ Quick and easy to probate

2

Probate is a Civil matter – EC 53.051

• Sec. 53.051. APPLICABILITY OF CERTAIN LAWS. A law

regulating costs in ordinary civil cases applies to a probate matter when not expressly provided for in this title. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1,

• eff. January 1, 2014.

Venue

■EC 33.001 * ■County where decedent resided based on domicile or fixed place of residence ■If decedent did not have residence in Texas, then –

■ Where principal estate is located at time of death ■ Any county in which decedent’s nearest kin reside ■ If no next of kin in Texas, then in the county in which decedent’s principal estate was located * The clerk should take the filing and let the court make a determination of proper venue.

File – with or without money?

• Can be filed “conditionally” – case law Jamar v. Patterson 1993
• No citation is issued until filing fee is paid
• And no hearing is held
• The Court (Judge) has no jurisdiction and takes no action until citation is issued
• Suggestion – put note of brightly colored paper in front of case file OR make notes in

Case Management System to denote “conditionally filed”

3

Pro Se applicants – Court policy Records to be kept -

■ Judge’s Probate Docket – EC 52.001 ■ Claim Docket – EC 52.002 ■ Probate Fee Book – EC 52.003 ■ NOTE: the above may be kept on computer file, microfilm, digitized optical image or another similar form of data compilation EC 52.004

4

Rule #1

■ 1 decedent = 1 case ■ Never open another case on the same decedent!

Steps for an Independent Administration case….

■ 1) Search for a Will before issuing a case number. A) A) Existing records for a case already filed B) B) Wills for Safekeeping (EC §252.001)

■ If there is one, make the court aware by submitting a letter to the Court (Judge) ■ Place a copy of the letter in the case file

C) C) Drop-off Wills (EC §252.201)

■ If there is one, make the court aware by submitting a letter to the Court (Judge) ■ Place a copy of the letter in the case file

Steps continued….

■2) 2) Subm Submis issi sion should include – should include – –Application for Independent Administration –Last Will and Testament (if there is one)

• Copy of Will can be e-Filed but not required
• Original Will must arrive in clerk’s office within 3 business days per TRCP

Rule 21f

– File stamp the original Will with the date it arrives

5

Where there’s a will… There’s a wait!!!!

3 2 1

What do I do if Will does not arrive within 3 days?

■ Rule 21f (12) – When a party electronically files an application to probate a document as an original Will, the original Will must be filed with the clerk within 3 business days after the application is filed. – In some counties, the citation is issued when the original Will arrives. (If the

• riginal Will does not arrive within 3 business days, the filer is considered not

to be in compliance with Rule 21f and the citation is not issued.) – Notify Judge that the Will has not been filed and place a bright colored page in the folder where the Will should be.

6

Steps continued…

■ 3) Issue Citation(s) – EC 51.001-51.056 – Styled same as application – Addressed to “any Sheriff or Constable within the State of Texas” (probate & guardianship cannot be served by Private Process Server in the State of Texas – must be by Sheriff or Constable) EC §51.051(b)(1) *If there is a codicil, it must be mentioned in the citation ■ Return date on citations: – Posting - 10 days – Personal service – 10 days – Service by publication – 10 days (if no newspaper, then by posting) – Service by mail – 20 days (date of service is date of mailing) Some clerk’s established a filing cut off time of 3:00pm each Thursday

Posting Chart Service Chart

7

Day of Hearing….

– Judge takes testimony – Attorney presents Proof of Death aka Proof of Death and Other Facts – Judge signs Order – The Clerk or Judge gives the Oath to the Executor or Administrator EC 305.003

■ If the Oath is not presented on day of Court, it should be completed and filed within 21 days of the Order

8

Steps continued…

■ Once the Order is signed, Oath taken and Bond given (if a bond is ordered) – Letters Testamentary or Letters of Independent Administration can be issued. – Qualification Date - If the Oath and/or Bond is filed days after the Order is signed, use the date the last one of those is filed for your qualification date.

Issuing Letters

■ Issue letters once the applicant has qualified via oath and/or bond. ■ Issue ORIGINAL letters only! ■ EC Sec. 306.004. ISSUANCE OF ORIGI ORIGINAL LETTERS. When an executor or administrator has qualified in the manner required by law, the clerk of the court granting the letters testamentary

• r of administration shall promptly issue and deliver the letters

to the executor or administrator. If more than one person qualifies as executor or administrator, the clerk shall issue the letters to each person who qualifies.

Form and Content of Letters

■EC Sec. 306.005. FORM AND CONTENT OF LETTERS. Letters testamentary or of administration shall be in the form of a certificate of the clerk of the court granting the letters, attested by the court's seal, that states: ■(1) the executor or administrator, as applicable, has qualified as executor or administrator in the manner required by law; ■(2) the date of the qualification; and ■(3) the name of the decedent.

9

Replacement & Effect of Letters

■EC Sec. 306.006. REPLACEMENT AND OTHER ADDITIONAL

• LETTERS. When letters testamentary or of administration have

been destroyed or lost, the clerk shall issue other letters to replace the original letters, which have the same effect as the

• riginal letters. The clerk shall also issue any number of letters

when requested by the person or persons who hold the letters. ■EC Sec. 306.007. EFFECT OF LETTERS OR CERTIFICATE. Letters testamentary or of administration or a certificate of the clerk of the court that granted the letters, under the court's seal, indicating that the letters have been issued, is sufficient evidence

• f:

■(1) the appointment and qualification

• f

the personal representative of an estate; and ■(2) the date of qualification.

Letters Testamentary

Letters of Independent Administration

10

Now What? Filings after Order has been signed

■ No Noti tice to Bene nefi ficiaries EC 308 308.002 & 308 308.004 – Done by attorney/personal representative (within 60 days) and proof is filed within 90 days – Beneficiaries may sign a Waiver of Notice and that is filed with the clerk (This may also be filed with other documents (i.e., inventory or request for extension) provided they are timely filed. ■ Invent ventor

• ry & Apprais

aisement nt E EC 3 309.0 .051 – Filed within 90 days after the date the personal representative qualifies (bond/oath). ■ If filed after the 90th day, charges of $25 + $2 for judge’s signature apply LGC 118.052(2)(B)(i), 118.056 & 118.101(11) An Affidavit in Lieu of Inventory may be filed (no charge) EC 309.056 – NOTE - Affidavit in Lieu of Inventory cannot be filed in Dependent Administrations EC 309.051

Independent A Independent Administration/L ministration/Letters Testamenta stamentary in in a a Nutsh tshell ll

11

Filings after Order has been signed

■ Claims EC 355.002

– $12.00 Fee ($10.00 for claim & $2.00 for Judge’s signature) – Send letter to personal representative or attorney

File stamping

■ AG opinion JC-0323

– SUMMA SUMMARY While a county clerk is not expressly required by statute to file stamp the date and time an instrument arrives in the clerk’s office for filing upon receiving and accepting the instrument, the county clerk must devise some method for immediately and accurately noting that date and time. Just as the clerk must develop a method for noting the date and time a particular instrument is delivered in person, so must the clerk develop a method for noting the date and time of delivery of an instrument that arrives in the mail.

Probate Fees – Show me the Money!

12

Fees continued…

■Variations on fees may include: –Posting Fee (Sheriff Fee) LGC 118.131 set by CC –Law Library Fees LGC 323.023 –Court Reporter GC 51.601(a) –Alternative Dispute Resolution

CPRC 152.004(a)

NO NOTE: No f

• fees

ees if decedent died in combat zone while in active service or if decedent died while on active duty in law enforcement or as a firefighter EC 53.053 – 53.054

Fees continued…

■ Filing Inventory after 90 days: $27.00

■

• $25.00 – Clerk fees – LGC 118.052(2)(B)(i) & 118.056(d)

■

• $ 2.00 – Judge signature fee – LGC 118.101

Claims $ 10.00 each LGC 118.052(2)(D) & 118.058 Letters $ 2.00 each LGC 118.052(3)(D) & 118.061 Jury Fee $40.00 GC 51.604(a)(c) & RCP Rule 216

Service by Cert. Mail: Same as by Sheriff/Constable LGC 118.052(3)(F) Judge’s fee for signature on orders $2.00 LGC 118.101

Fee continued…

■Adverse Action Fees $115.00*

$40.00Clerk fee LGC §118.052 (2)(c) $ 5.00Courthouse Security LGC §291.008(a) set by CC $10.00Legal Services to the Indigent LGC §133.153 (a)(1) $ 5.00Records Management LGC §118.052(3)(G) & 118.0645 $ 20.00Supplemental Court Guard. LGC §118.052(2)(E) $ 30.00 State Electronic Filing GC §51.851 $ 5.00 Judicial Court & Personnel GC §101.08111

*add issuance & service fees as needed

■Sale of Real Property $27.00*

$25.00 Clerk fee LGC §118.052(2)(B)(v) $ 2.00 Judge’s signature fee LGC §118.101

*add issuance & service fees as needed

13

Fees continued…

■Copies (per pg.)$1.00 LGC §118.052(3)(C) ■To certify $5.00 LGC §118.052(3)(B)

Fees continued…

Filing Annual Account: (if Dep. Admin. goes over 15 months) $27.00

$25.00 – Clerk fees LGC 118.052(2)(B)(iv)

$ 2.00 – Judge signature fee LGC 118.101

Filing Final Account: $121.00*

$25.00 – Clerk fees – LGC 118.052(2)(B)(iv) $ 2.00 – Judge signature fee – LGC 118.101 $90.00 – Sheriff Fee - LGC 118.131 (set by CC) $ 4.00 - Issuance LGC 118.052(3)(A)

Funds held in Registry of the Court

■ Court Registry – If interest bearing account LGC 117.054

■ Keep 10% of the interest, upon disbursement

– If non interest bearing account LGC 117.055

■ Keep 5% of amount, not to exceed $50 upon disbursement

14

Closing an Independent Administration

• In Texas, there is no statute for re-opening an estate, therefore most Independent

Administrations are “open” forever.

• Leaving the case “open” allows for the issuance of Original Letters.
• However, if a Closing Report or Notice of Closing Estate of Affidavit to Close is

presented-

• File it
• Collect $2 for Judge’s signature (if needed)
• Executor should provide Notice of Closing to each beneficiary unless waived;

however they may request a posting

• If no objection filed within 30 days, the case is considered closed

Dependent Administration

Also known

• wn a

as the “ “Mot

• ther

her May I” admi y I” administration of an

• f an

est estate.

What is a Dependent Administration?

• Administration of an estate WITH judicial supervision
• The Court oversees every aspect of an estate’s administration.
• Only those duties that the Judge finds need to be handled in

the estate will be granted to the Dependent Administrator.

• An admi

admini nistrator is the one appointed by the court to complete tasks when there is no will or no exe execut utor

• r named in the will.

15

Dependent Administration

■ Period for Filing (EC 256.003) ■a) A will may not be admitted to probate after the fourth anniversary of the testator’s death unless it is shown by proof that the applicant for the probate of the will was not in default in failing to present the will for probate on or before the fourth anniversary of the testator’s death. –If an Application is presented more than 4 years after death, the clerk should file it and let the court decide. ■b) Letters Testamentary may not be issued if a Will is admitted to probate after the fourth anniversary of the testator’s death, unless it is shown that the application was filed on or before the 4th anniversary of testator’s death.

When is a Dependent Administration proper?

• If decedent dies without a Will, or
• Executor named in the Will is deceased, or
• Executor named in the Will declines to serve, or
• No executor is named at all, or
• Beneficiaries are unable to agree on an administrator

■NOTE: not up to the clerk to make a legal determination if a Dependent Administration is necessary…..take what is submitted.

16

Steps for Dependent Administration…

■Do the A-B-C search

• A) Existing probate case
• B) Wills for safekeeping
• C) Drop-off Wills

If case already exists, file in the same case # ■Assign new case number if case does not exist on the deceased

Steps - Dependent Administration case….

■ Submission

• Application for Dependent Administration
• Last Will & Testament (if there is one)
• Original Will must arrive in clerk’s office within 3 business days per TRCP Rule 21f
• File stamp the original Will with the date it arrives

Steps

■ Issue Citation(s) ■ Addressed to “any Sheriff or Constable within the State of Texas”

• Posting
• Service on all heirs if Will is lost or not produced
• Court may also require additional service
• (Take direction from attorney, not up to the clerk to make judgment call on who will be

served.)

• Return date
• Posting – 10 days
• Personal service – 10 days
• Service by publication – 10 days
• Service by mail – 20 days

17

Day of Hearing…

• Judge takes testimony
• Attorney presents Proof of Death
• Judge signs Order
• The Clerk or Judge gives the Oath to the Executor or Administrator EC

305.003

• If the Oath is not presented in Court, it should be completed and

filed within 21 days of the Order

• Bond - if Judge orders one, must be filed within 21 days of the Order EC

305.004 (there is usually a bond in Dependent Administrations)

BOND

■ If Bond is required (common in a Dependent Administration) – it is presented the day of court but must be filed within 21 days of the Order EC 305.004

• Can be cash – put it in your Bond/Registry Account
• Keep a list of cases that you have money on
• Keep a copy of paperwork setting bond in a file
• Check this list at least once a year (or sooner) and disperse any bond money where

the case has been closed or disposed

• Get an order from the Judge to release funds back to the person who placed the

money on deposit

• Can be a “surety” – thru Insurance Agency
• Clerk will receive Surety Bond for filing
• Surety Bond goes to Judge for approval and returned to Clerk for filing
• If bond required – no letters should be issued until Administrator has complied with

the Oath and Bond requirements, including bond approval by Judge.

Letters

18

Filings after Order has been signed

Notice to Beneficiaries EC 308.002

• Done by attorney (within 60 days) and proof is filed within 90 days
• Beneficiaries may sign a Waiver of Notice and that is filed with the clerk
• Inventory & Appraisement EC 309.051
• Filed within 90 days after the date the personal representative qualifies

(bond/oath).

• If filed after the 90th day, then charge $25 + $2 for Judge’s signature
• LGC 118.052(2)(B)(i), 118.056 & 118.101(11)
• NO

NOTE -

• Affidavit in Lieu of

in Lieu of In Inventor

• ry cann

cannot be be file iled in in Depen pendent A Admi ministrations EC 309.0 EC 309.051

Closing a Dependent Administration EC 362

• Verified Account for Final Settlement filed EC §362.003
• Contents of Account EC §362.004
• Citation/Notice issued upon Presentation of Final Account EC §362.005
• Hearing set by Judge for Final Settlement

Im Impo portant!

• No Letters may be issued after an estate is closed!
• Don’t forget to release the cash bond, if one was presented.

Temporary Administration – EC 452

■ A “subset” of a Dependent Administration ■ Specific, immediate need exists! ■ May not exceed180 days unless made permanent ■ EC 452.003 ■ Appointment is interim until a Dependent or Independent Administrator is appointed – With only certain rights and powers EC 452.101 ■ The Judge must make certain findings ■ Issue citation after the hearing (by 3rd day after) EC 452.006 Letters of Temporary Admin. should list the specific powers (state exact language from the Order) EC 452.005 ■ Claims are handled the same way as in any other administration ■ Closing – Temp. Admin. must file accounting EC 452.151 & 452.152 – Post citation for final accounting – Court enters an Order to Close and release bond is applicable

19

Sale of Real Or Personal Property

■ EC 356.051 - 356.655 ■ Application is made ■ Issue citation to all interested parties by posting – EC 356.253

Temporary Restraining Order - TRO

■ Preserves the status quo and “freezes” everything until a hearing can be held ■ Petition for TRO is submitted ■ Judge grants ■ Issue for personal service ■ Attach petition to the TRO

20

Re Removal w without ithout no notice tice

■ EC 404.003REMOVAL OF INDEPENDENT EXECUTOR WITHOUT NOTICE. The probate court,

• n the court's own motion or on the motion of any interested person, and without notice,

may remove an independent executor appointed under this subtitle when: ■ (1) the independent executor cannot be served with notice or other processes because: ■ (A) the independent executor's whereabouts are unknown; ■ (B) the independent executor is eluding service; or ■ (C) the independent executor is a nonresident of this state without a designated resident agent; or

Removal of Executor or Administrator

EC 404.003 – 404.0036

Removal of Executor or Administrator EC 404.003 – 404.0036 (cont.)

■ (2) sufficient grounds appear to support a belief that the independent executor has misapplied or embezzled, or is about to misapply or embezzle, all or part of the property committed to the independent executor's care. ■ If service is requested, serve –

– Executor/Administrator – Attorney – Bonding company (if there is one)

Removal with notice

■

• Sec. 404.0035. REMOVAL OF INDEPENDENT EXECUTOR WITH NOTICE. (a) The

probate court, on the court's own motion, may remove an independent executor appointed under this subtitle after providing 30 days' written notice of the court's intention to the independent executor, requiring answering at a time and place set in the notice, by certified mail, return receipt requested, to the independent executor's last known address and to the last known address of the independent executor's attorney of record, if the independent executor: ■ (1) neglects to qualify in the manner and time required by law; ■ (2) fails to return, before the 91st day after the date the independent executor qualifies, either an inventory of the estate property and a list of claims that have come to the independent executor's knowledge or an affidavit in lieu of the inventory, appraisement, and list of claims, unless that deadline is extended by court order; or

21

Removal with notice

■ (3) fails to timely file the affidavit or certificate required by Section 308.004. ■ (b) The probate court, on its own motion or on motion of any interested person, after the independent executor has been cited by personal service to answer at a time and place set in the notice, may remove an independent executor when: ■ (1) the independent executor fails to make an accounting which is required by law to be made; ■ (2) the independent executor is proved to have been guilty of gross misconduct

• r gross mismanagement in the performance of the independent executor's

duties;

Removal with notice

■ (3) the independent executor becomes an incapacitated person, or is sentenced to the penitentiary, or from any other cause becomes legally incapacitated from properly performing the independent executor's fiduciary duties; or ■ (4) the independent executor becomes incapable of properly performing the independent executor's fiduciary duties due to a material conflict of interest. ■ If service requested – serve: ■ Executor/Administrator ■ Attorney ■ Bonding Company (if any)

You’re Out!!!!

22

Resources

■ Estates Code ■ Local Government Code ■ Government Code ■ Rules of Civil Procedure ■ Supreme Court of Texas website – http://www.txcourts.gov/supreme ■ Office of Court Administration website – http://www.txcourts.gov/

12.2017

HONORABLE NANCY TANNER

Potter County Judge 500 S. Fillmore, Suite 103 Amarillo, Texas 79101 (806) 379-2250 Email: shannonbarnett@mypottercounty.com

Court Policy Regarding "Pro Se" Applicants (Applicants without an Attorney) People who represent themselves in court are called "pro se" or "self-represented" litigants. You are not required to have a lawyer to file papers or to participate in a case in court. You have a right to represent yourself. However, a pro se may not represent others. Under Texas law, only a licensed attorney may represent the interests of third-party individuals or entities, including guardianship wards and probate estates. See Steele v. McDonald, 202 S. W. 3d 926 (Tex. App. - Waco, 2006.), and the authorities cited in that opinion. Therefore, individuals applying for letters testamentary, letters of administration, determinations of heirship, and guardianships of the person

• r estate must be represented by a licensed attorney. The only time a pro se applicant may proceed

in court is when truly representing only himself or herself. Frequently Asked Questions Q: What is a pro se? A: A pro se is an individual who has not hired a lawyer and appears in court to represent himself and no other person or entity. Q: Can I still serve as an executor, administrator, or guardian even though I'm not a lawyer? A:

• Yes. One need not be a lawyer to serve as an executor, administrator, or guardian.

However, the executor, administrator, or guardian must be represented by counsel. Q: But I'm the only one that needs letters testamentary. As executor, how would I be representing the interests of others? A: As executor of a decedent's estate, you don't represent only yourself. An executor represents the interests of beneficiaries and creditors. This responsibility to act for the benefit of another is known as a fiduciary relationship. It gives rise to certain legal

• bligations and responsibilities that require legal expertise. The attorney you hire

12.2017

represents you in your capacity as executor and assists you in representing those for whom you are responsible. Q: If I get the paperwork from a law library or the internet, can I fill it out and file it? Isn't that what lawyers do? A: Lawyers don't just fill out forms. Lawyers (1) determine what method of probate or guardianship is appropriate in a particular situation, (2) create or adapt any necessary paperwork, and (3) advise the client about the ongoing responsibilities of a fiduciary. Unless you are a lawyer, you're creating legal pleadings while acting as a fiduciary would constitute the unauthorized practice of law. Q: As a pro se, what proceedings can I do on my own? A: The only proceedings you can handle as a pro se are those in which you truly would be representing only yourself. For example, a pro se applicant may probate a will as a muniment of title when he or she is the sole beneficiary under the will, and there are no debts against the estate other than those secured by liens against real estate. This procedure can be a viable option in some situations, but not in others. Whether a muniment of title is the correct probate procedure for a particular situation is a legal decision best made by a lawyer. Q: What procedures should I follow if I want to probate a will as a muniment of title as a pro se applicant? A: As stated above, whether a muniment of title is the correct probate procedure for a particular situation is a legal decision best made by a lawyer; Court staff cannot guide you

• r advise what you should do in your case. If you decide to proceed with your case without

an attorney, the County Law Library has reference materials that may be helpful. Note the following: (1) To probate a will as a muniment of title, each applicant must be able to swear

• n personal knowledge that there are no debts against the estate other than those secured

by liens against real estate. Anyone falsely swearing that the estate has no creditors - including Medicaid estate recovery is subject to a perjury charge. (2) In a pro se application to probate a will as a muniment of title, all beneficiaries under the will must be applicants, and all beneficiaries must testify at the hearing. (3) The will being offered for probate must be the signed original, or you will need to follow the additional procedural requirements for proving up a will in court. You will need to research what's required for a self-proved will at the Law Library. If you discover that the will is a copy or is not self-proved, Court staff can give you information about what the additional procedural requirements are, but you will need to create all additional documents.

POSTING OF NOTICE/CITATION:

**Court has discretion to require posting beyond what's required in statute. EC 51.001 ***Issued upon request TRCP 99(a)

• 1. Probate of Written Will produced in Court

EC 258.001 Probate of Written Will not produced in Court EC 258.002

• 2. For Letters of Administration

EC 303.001

• 3. Determination of Heirship - do posting and service EC 202.053
• posted in county of proceeding and county of last residence
• 4. Appointment of Temporary Administrator EC 452.006
• 5. Notice to take Deposition on written questions

EC 51.203

• 6. Notice of Sale of Real Property

EC 356.253

• 7. Notice of Sale of Personal Property EC 356.102
• 8. Reinstatement of Administrator EC 361.054
• 9. Successor Administrator (unless immediate necessity per court)

EC 361.152

• 10. Account for Final Settlement

EC 362.005

NOTICE BY PERSONAL REPRESENTATIVE:

• 1. Notice to Holders of Secured or Recorded Claims EC 308.053
• 2. Notice to each beneficiary named in the Will EC 308.002
• 3. Execute Mineral Deed

EC 358.054

• 4. Notice to heirs/beneficiaries on Acct. for Final Settlement EC 362.005

NO NOTICE NEEDED:

• 1. Successor Administrator (if court finds immediate need) EC 361.152

Posted Notice on Application for Letters Testamentary

STATE OF TEXAS COUNTY OF POTTER

TO ALL PERSONS INTERESTED IN THE ESTATE OF ______________________________________________________ _______________________________________________________, Deceased, Cause No. ________________

___________________________________________________________, Applicant(s), filed in County Court of Potter County, Texas, on the _______ day of ________________, 20________, an _______________________________________________________________________________________________________

• f ______________________________, Deceased, with the alleged will accompanying the application.

This Application may be acted on by the Court at any call of the docket on or after the ______ day of _________________, 20____ at 10:00 A.M., that being the first Monday next after the expiration of ten days from the date of posting this citation at the Potter County Courthouse, 500 S. Fillmore, Amarillo, Texas. All persons interested in this case are cited to appear before this Honorable Court by filing a written contest or answer to this Application should they desire to do so. To ensure its consideration, you or your attorney must file any objection, intervention, or response in writing with the County Clerk of Potter County, Texas on

• r before the above-noted date and time.

The officer executing this citation shall post the copy of this citation at the Courthouse door of the County in which this proceeding is pending, or at the place in or near the Courthouse where public notices customarily are posted, for not less than ten days before the return day thereof, exclusive of the date of posting and shall return the original copy of this citation to the clerk stating in a written return thereon the time when and the place where he posted such copy. GIVEN UNDER MY HAND AND SEAL of said Court of Potter County, Texas, at the office of the County Clerk in Amarillo, Potter County, Texas, on the _________ day of ______________________________, 20 ________. JULIE SMITH, County Clerk, Potter County, Texas 500 S. Fillmore, Room 201, Amarillo, Tx 79101 P.O. Box 9638, Amarillo, Texas 79105-9638 By Deputy: ____________________________________ ____________________________________ ATTORNEY FOR APPLICANT: _______________________________________ _______________________________________ _______________________________________ _______________________________________

• ---------------------------------------------------------------------------Officer’s Return------------------------------------------------------------------------------

Came to hand on the _________ day of __________________, ________, at ____________o’clock _____.M., and executed on the _________day of ______________________, ________, by posting a copy of the above citation for ten days, exclusive of the day of posting, before the return date hereof, at the County Courthouse door of Potter County, Texas, or at the place in or near the Potter County Courthouse where public notices customarily are posted. To certify which witness my hand officially. Brian Thomas Potter County Sheriff Potter County, Texas By Deputy ______________________________________ ______________________________________________ Printed Name of Server Fees Paid $____________

LETTERS TESTAMENTARY THE STATE OF TEXAS COUNTY COURT CAUSE NO. _____________________________ ESTATE OF _____________________________ I, JULIE SMITH, County Clerk and Clerk of the County Court, in and for said County, do hereby certify that on the_______ day of _____________________, 20_____. _____________________________________________ was appointed Independent Executor, of the Will and Estate of: _______________________________________________________, Deceased and that said appointee is fully and legally authorized and empowered to act as the Independent Executor, without bond, of the Will and of the above named Estate, having qualified by filing the oath on the ___________ day of _____________________ 20____. I further certify that said appointment is still in full force and effect. WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, this ________ day of _____________________ 20____. JULIE SMITH, County Clerk Potter County, Texas By: _____________________________, Deputy

• Mr. Attorney

P.O. Box 5678 Amarillo, Texas 79105 Re: # 123456 Estate of : _______________________, Deceased Dear Mr. Harkins In accordance with §355.002 of the Texas Estates Code, you are hereby notified that the following claim(s) has been deposited in the office of the County Clerk of Potter County Texas. Person/Firm filing Claim Date Deposited Amount 1301 Coulter Properties, LLC 10/19/2018 $36,182.89 Respectfully yours, Julie Smith Clerk of the County Court, Potter County, Texas By: _____________________Deputy Printed Name of Deputy Here CC: Anyone

LETTERS OF ADMINISTRATION THE STATE OF TEXAS

County Court

Cause No. __________________

ESTATE OF __________________________________ I, JULIE SMITH, County Clerk and Clerk of the County Court, in and for Potter County, Texas, hereby certify that on the ______ day of ___________________, 20_________, the Court, having jurisdiction over the Probate Matter

• f has appointed

_____________________________________________ as the Administrator of the Estate of:

_____________________________________, Deceased

and the aforementioned appointee, having taken the oath prescribed by law, is duly qualified and fully and legally authorized and empowered to act on behalf of the above named Estate. WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, this ______ day of _________________, 20_____. JULIE SMITH, County Clerk Potter County, Texas By: _____________________________, Deputy ____________________________

(Updated 3/2019) LETTERS TESTAMENTARY (§306 Estates Code) In summary, a Simple Probate should go as follows:  Application to Probate Will (If pink slip in folder the original will has yet to be filed)  Last Will and Testament  Fees to file new Probate case are paid  Hearing date is set (10 days after the 1st Monday – in CC office our cut off day and time is each Thursday at 3pm) Clerk posts notice of Citation On day of court, the Judge swears all parties in giving testimony & the following are presented by the Attorney or Executor:  Proof of Death  Order Probating Will  Oath of Executor/Executrix  Clerk reads Oath to Executor/Executrix and it is signed in Clerks presence. Oaths may signed before a notary but it cannot be before the date the Judge signs the Order Appointing. If oath predates Judge’s

• rder appointing executor a new Oath has to be signed.

 Occasionally, the Oath is not signed on hearing date, therefore Letters Testamentary cannot be issued. Once signed oath is presented to Clerk Letters can issue. Letters are only issued to Executor or his/her attorney. Letters may be issued until case is closed. Request for letters after case is closed will result in a document entitled “Certification as to Letters” which verifies that the Executor did qualify and served in that appointed capacity. NOTE: Letters of Testamentary are NOT recordable in OPR Affidavit of Notice to Beneficiaries (per §308.002 Estates Code) is filed.  Not later than 60 days after date of Order probating, Executor or Administrator shall give notice to each beneficiary named in Will.  Not later than 90 days after date of Order probating, personal representative files affidavit with Clerk Inventory due within 90 days after Executor qualifies unless Court grants an extension §309.051 Estates Code:  Inventory & Appraisement is filed with an Order Approving. If filed after 90 days and no order granting extension filing fees will apply.  No hearing date required  Give Inventory and Order to Judge (some Judges prefer to review this with case file)  In lieu of Inventory the Executor/Administrator may file and “Affidavit in Lieu of Inventory” in accordance with §309.056 Estates Code. Judge may want to see Affidavit and if not, time stamp and place in file. No fees may be charged for Affidavit in Lieu of Inventory. Case remains active/open until an affidavit/order closing has been submitted by the attorney, applicant or Judge.

LETTERS OF TEMPORARY ADMINISTRATION THE STATE OF TEXAS CAUSE NO. ______________ ESTATE OF _______________________________, DECEASED I, JULIE SMITH, County Clerk and Clerk of the County Court, in and for Potter County, Texas, hereby certify that on the ______ day of _________________, 20 ________, _______________________________________________________ was granted Letters of Temporary Administration upon the Estate of: ______________________________________________________________, Deceased with such rights and which order has been duly recorded in the Probate Minutes of said court therefore, and I further certify that the said ________________________________________________________________ has taken the oath prescribed by law and is duly qualified and fully and legally authorized and empowered to act on behalf of the above name Estate and that said appointment is still in full force and effect. All is more fully set out in the attached order appointing Temporary Administrator (powers included). WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, this ________ day of ____________________, 20______. JULIE SMITH, County Clerk Potter County, Texas By: ___________________________________, Deputy ________________________________

Temporary Administration (Immediate Need Exists) EC Chapter 452

• Application for Appointment is filed EC §452.002

*Application must be verified and include an affidavit that:  states the name, address, and interest of the applicant;  states the facts showing an immediate necessity for the appointment of a temporary administrator;  lists the requested powers and duties of the temporary administrator;  states that the applicant is entitled to letters of temporary administration and is not disqualified by law from serving as a temporary administrator; and  describes the property that the applicant believes to be in the decedent's estate. (* For informational purposes only. Not the Clerk’s responsibility to make sure application meets the requirements)

• Order of Appointment EC §452.003

The order appointing a temporary administrator must:  designate the appointee as "temporary administrator" of the decedent's estate;  specify the period of the appointment, which may not exceed 180 days unless the appointment is made permanent under Section 452.008;  define the powers given to the appointee; and  set the amount of bond to be given by the appointee.

• Bond must be filed within 3 days of being set (holidays/weekends excluded)
• If Bond in the format of Cash Bond, place in to Registry of Court
• Surety Bond needs to be approved by the Judge
• Clerk may issue Letters once bond and oath have been received.
• Oath requirements EC §305.053
• Issuance of Letter of Temporary Administration EC §452.005

 Not later than the third day after the date an appointee qualifies as temporary administrator, the county clerk shall issue to the appointee letters of temporary administration that list the powers to be exercised by the appointee as ordered by the

• court. (In order to prevent clerical errors, attached a certified copy of the Order to the

letters)

• Notice of Appointment EC §452.006

*a) On the date the county clerk issues letters of temporary administration: (1) the the county c cle lerk s shall ll p post o

• n t

the courthouse door a a n notic ice of t the a appoin intment t to a all ll in interested p persons; and (2) the a appointee s shall notify, by certified mail, return receipt requested, the decedent's known heirs of the appointment. (b) A n notice r requir ired under S Subsectio ion ( (a) m must s state that: (1) an h heir ir o

• r other i

interested p person m may r request a a hearin ing t to contest t the appointment n not la later t than t the 1 15th d day after t the date t the l letters o

• f t

temporary a adminis istration are is issued; (2) if if no contest i is m made durin ing t the period s specif ifie ied by t the n notic ice, t the a appoin intment c contin inues for t the perio iod s specif ified in in t the o

• rder a

appoin inting a a t temporary a admin inistrator; a and (3) the court may m make t the a appointment p permanent. (*Instances have occurred where Letters were not requested or issued. Go ahead and issue the Notice required under this section)

• Permanent Appointment EC §452.008

At the end of a temporary administrator's period of appointment, the court by written order may make the appointment permanent if the permanent appointment is in the interest of the estate.

• Accounting EC §452.151
• ACCOUNTING. At the expiration of a temporary appointment, the temporary administrator shall file

with the court clerk: (1) a sworn list of all estate property that has come into the temporary administrator's possession; (2) a return of all sales made by the temporary administrator; and (3) a full exhibit and account of all the temporary administrator's acts as temporary administrator.

• Sec. 452.152. Closing Temporary Administration

(a) The court shall act on the list, return, exhibit, and account filed under Section 452.151. (b) When letters of temporary administration expire or become ineffective for any cause, the court immediately shall enter an order requiring the temporary administrator to promptly deliver the estate remaining in the temporary administrator's possession to the person legally entitled to possession of the estate. (c) On proof of delivery under Subsection (b), the temporary administrator shall be discharged and the sureties on the temporary administrator's bond shall be released as to any future liability.

Temporary Administration Quick Reference Guide

• Application Filed
• Judge hears case
• Order Appointing Temp. Administrator is issued by Judge and should

include Powers and Duties of Temp. Administrator as well as set bond.

• Oath and Bond should be received by Clerk within 3 day of Order

Appointing (holidays/weekends excluded)

• Clerk issues Letters with Certified Copy of Order attached
• Clerk issues Notice to “All Interested Persons” that Temp. Admin has

been granted

• Order granting Temp. Admin. is good for 180 days
• If Temporary does not turn to permanent, then an Accounting and

Order Closing should be entered.

• Clerk should receive order to release bond, if cash bond was posted.

Posted Citation – Application for Sale of Real Property

STATE OF TEXAS COUNTY OF POTTER To all persons interested in the Estate of: ____________________________________________________________________________________________, Subject, Cause No. ________________, in the County Court of Potter County, Texas

_____________________________________________ filed in the County Court of Potter County, Texas, on the ______ day

• f _________________, 20 ______, an application for an order to sell the following real property of

_______________________________________________________________________’s Estate situated in _____________________ County, Texas. Legal description and physical address of property being sold as follows: ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ This Application and any opposition to it may be acted on by the Court at any call of the docket on or after the _________ day of _________________, 20_____ at 10:00 A.M., that being the first Monday next after the expiration of ten days from the date

• f posting this citation at the Potter County Courthouse, 500 S. Fillmore, Amarillo, Texas. All persons interested in this case are cited

to appear before this Honorable Court by filing a written contest or answer to this Application should they desire to do so. To ensure its consideration, you or your attorney must file any objection, intervention, or response in writing with the County Clerk

• f Potter County, Texas on or before the above-noted time and date.

The officer executing this citation shall post the copy of this citation at the Courthouse door of the County in which this proceeding is pending, or at the place in or near the Courthouse where public notices customarily are posted, for not less than ten days before the return day thereof, exclusive of the date of posting and shall return the original copy of this citation to the clerk stating in a written return thereon the time when and the place where he posted such copy. GIVEN UNDER MY HAND AND SEAL of said Court of Potter County, Texas at the office of the County Clerk in Amarillo, Potter County, Texas, on the ________ day of _________________________________, 20_________. JULIE SMITH, County Clerk, Potter County, Texas 500 S. Fillmore, Room 201, Amarillo, Tx 79101 P.O. Box 9638, Amarillo, Texas 79105-9638 By Deputy: ____________________________________ _____________________________________ ATTORNEY FOR APPLICANT: _______________________________________ _______________________________________ _______________________________________ _______________________________________

• ------------------------------------------------------------------------Officer’s Return------------------------------------------------------------------------------

Came to hand on the _________ day of __________________________ at ____________o’clock _____.M., and executed on the _________day of _________________. ______, by posting a copy of the above citation for ten days, exclusive of the day of posting, before the return date hereof, at the County Courthouse door of Potter County, Texas, or at the place in or near the Potter County Courthouse where public notices customarily are posted. To certify which witness my hand officially. Brian Thomas Potter County Sheriff Potter County, Texas By Deputy ______________________________________ ______________________________________________ Printed Name of Deputy Fees Paid $____________

Temporary Restraining Order THE STATE OF TEXAS, To: Lettie Helen Harrell 4624 Valerie Street Bellaire, TX 77401 Greetings: Whereas Samuel Edward Harrell filed a petition in the County Court at Law No. 1 of Potter County, Texas, on this the 8th day of August, 2016, in a suit numbered 604-1 on the docket of said Court, wherein Samuel Edward Harrell, Plaintiffs, and Defendants, alleging, all of which is more fully shown by a true and correct copy of plaintiff’s petition which is attached hereto; and upon presentation of said petition to him and consideration thereof, the Honorable W.F. “Corky” Roberts, Judge of said court, made the following order thereon: August 8, 2016. You are therefore commanded to desist and refrain from any and all of the following acts: (a) Changing account names, authorizations, signers, or beneficiaries; moving or releasing funds or assets; granting access to or any control over; or accessing accounts, assets or funds of Edward C. Harrell, including without limitation accounts at the following financial institutions: (1) Merrill Lynch; (2) Juba Adams Wilson & Associates; (3) Stout Safe Storage; (4) Stout Gold and Silver (5) Sprott Global Resource Investments, Ltd. (b) Presenting a General Durable Power of Attorney to any financial institution where Edward C. Harrell is an account holder, for purposes of moving, removing, using, spending, or shifting funds and/or assets, of Edward C. Harrell, or changing or modifying account information, authorized signers, or beneficiaries; (c) Holding themselves out as attorney-in-fact of Edward C. Harrell; (d) Otherwise using or acting or purporting to act for or on behalf of Edward C. Harrell, whether through a General Durable Power of Attorney or otherwise Until and pending the hearing of such petition upon plaintiff’s application for a temporary injunction before the judge of said court on August 17, 2016 at 1:30 pm in the courtroom of the County Court at Law No. 1, 500 S. Fillmore, Suite 405, Amarillo, Texas 79101 when and where you will appear to show cause why injunction should not be granted upon such petition effective until final decree in such suit. Issued the 10th day of August, 2016. Given under my hand and seal of said Court of Potter County, Texas at the office of the Potter County Clerk in Amarillo, Texas, on the 10th day of August, 2016

Julie Smith, County Clerk County Court at Law No. 1, Potter County By: ________________________________ Kourtney Bass

RETURN OF SERVICE Case No. ____________ Court #_________________ Style of Case: ________________________________________________ Executed when copy is delivered: This is a true copy of the original citation, was delivered to defendant ___________________________, on the _____ day of ______________________, 20_____. Sheriff Brian Thomas Potter County, Texas By:_______________________, Deputy ADDRESS FOR SERVICE: ___________________________________________________________________________________________ OFFICER’S RETURN Came to hand on the _____ day of ______________________, 20____, at _____________, o’clock ____.m., and executed in _______________________ County, Texas by delivering to each of the within named person, a true copy of this Citation with the date of delivery endorsed thereon, together with the accompanying copy of the ________________________, at the following times and places, to-wit: Name Date/Time Place, Course and Distance from Courthouse ______________________ ______________ ______ ___________________________________________ And not executed as to the defendant(s), _____________________________________________________________________ The diligence used in finding said defendant(s) being: _____________________________________________________________________________________ and the cause or failure to execute this process is: _____________________________________________________________________________________ and the information received as to the whereabouts of said defendant(s) being: _____________________________________________________________________________________ FEES: Serving Petition and Copy $________ Total $________ Sheriff Brian Thomas Potter County, Texas By:__________________________, Deputy ________________________________ Affiant COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT. In accordance with Rule 107: The officer or authorized person who serves, or attempts to serve, a citation shall sign the return. The signature is not required to be verified. If the return is signed by a person other than a sheriff, constable or the clerk of the court, the return shall be signed under penalty of perjury and contain the following statement: “My name is _______________________, my date of birth is _______________, and my address is (First, Middle, Last) ____________________________________________________________________________________. (Street, City, Zip) I DECLARE UNDER PENALTY OF PERJURY THAT THE FORGOING IS TRUE AND CORRECT. Executed in _____________County, State of ______, on the _________day of ___________________________. ______________________________ Declarant/Authorized Process Server ______________________________ (Id # & expiration of certification)

CERTIFICATION AS TO LETTERS OF _____________________________ THE STATE OF TEXAS COUNTY COURT CAUSE NO. ________________ ESTATE OF ____________________________ I, JULIE SMITH, County Clerk and Clerk of the County Court, in and for said County, do hereby certify that _________________________________________qualified as _______________________________________of the Estate of ______________________________________________________, Probate No. _________________________ on the ________day of ___________________________, ________. The affidavit or closing letter was filed in this office on ______________________ ________, _________. TO CERTIFY WHICH, WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, THIS _____________ day of _______________________, _________, at Amarillo, TX. JULIE SMITH, County Clerk Potter County, Texas By: _____________________________, Deputy ________________________

THE ATTORNEYGENERAL

OF TEXAS

AURTIN, TFXAS 78711

September 24, 1974 The Honorable Homer A. Davis County Attorney Hartley County Box 1110 D&hart, Texas 79022 Opinion No. H- 410 Re: Authority

• f county clerk

to issue certified copy of letters testamentary after estate has been closed. Dear Mr. Davis: Your letter to us asks: I would like to know what authority, if any, the County Clerk of Hartley County has to issue a Certified Copy of Letters Testamentary after an estate has been closed. The duties of a county clerk as recorder

• f public records

are determined by the Legislature in accordance with Article 5, 5 20 of the Texas Constitution. Article 1942,

• V. T. C. S.,

provides that county clerks shall be keepers

• f the records,

books, papers and proceedings

• f their

respective courts, including matters

• f probate.

Article 6591,

• V. T. C. S.,

requires the clerk to record all instruments

• f writing

“authorized

• r

required to be recorded in the county clerk’s

• ffice

. . . .” Article 6600,

• V. T. C. S.,

requires him to “give attested copies whenever demanded

• f

all papers recorded in his office . . . .‘I Therefore, the answer to your question depends on whether the clerk is authorized to record letters testamentary. We have not found any provision in the Texas Probate Code,

• r any
• ther

statute,

which authorizes the clerk to record the letter testamentary itself. However, the clerk is authorized by the Texas Probate Code to record such facts

as the name of the executor to whom letters

testamentary

• p. 1911

The Honorable Homer A. Davis page 2 (H-410) are issued, Texas Probate Code, $13, and each order, judgment, decree and proceeding

• f the probate

court, $15. Among the orders, decrees and judgments

• f the Probate

Code which will appear in both the Judge’s Probate Docket, 5 13, and in the Probate Minutes, $15, will be a full and complete copy of the order granting letters testamentary. The letters testamentary themselves, however, are not official

• rders;

decrees

• r acts of the court

such as the clerk is authorized to record.’ They are rather:

. . . a certificate

• f the clerk
• f the court granting

the same, attested by the seal of such court, and stating that the executor . . . has duly qualified as such as the law requires, the date of such qualifica- tion, and the name of the deceased. Texas Probate Code, $183. The distinction between facts which are required to be recorded and a letter testamentary is recognized in $186 of the Texas Probate Code which provides: Letters testamentary,

• f administration,
• r of

guardianship,

• r a certificate
• f the clerk
• f the

court which granted the same, under the seal of such court, that said letters have been issued, shall be sufficient evidence

• f the appointment

and qualification

• f the personal

representative

• f

an estate . . . and of the date of qualification. The Legislature has not required the exhibit of a certified letter testamentary as evidence

• f an executor’s

appointment and qualification. It is sufficient for the clerk when requested, simply to certify that letters testamentary have been issued. Attorney General Opinion V-575 (1948) reached the same conclusion. The County Clerk may not record in the probate minutes a copy of letters

• f administration,
• p. 1912

,

• .
• The Honorable

Homer A. Davis page 3 (H-410) testamentary

• r guardianships.

Neither is he authorized to issue such letters to third persons. However, after such letters have been issued to the proper persons, the County Clerk

may then

issue a certificate

• f such facts which may appear
• f record.

Thus, the county clerk is authorized to certify from the record that letters testamentary were issued and any other recorded facts per- tinent to a particular estate. However, since letters testamentary are not authorized to be recorded in the probate records, the county clerk has no authority to issue certified copies

• f s~uch letters.

SUMMARY Although a county clerk can certify from the record that letters testamentary were issued to a personal representative, the clerk has no authority to issue certified copies

• f letters

testamentary.

//

Attorney General

• f Texas

DAVID M. KENDALL, Chairman Opinion Committee

lg

• p. 1913

POTTER COUNTY CLERK’S PROBATE/CIVIL FEE SCHEDULE (Effective 1/1/2019)

Cause of Action→ Fees↓

Letters Test. Ind. Admin .

• Mun. of

Title Dep. Admin. Determinatio n of Heirship Small Estate/ Open Safe Deposit Box Guardianship Foreign Will Transferred Case

Clerks Fee 44.00* 44.00* 44.00* 44.00* *44.00 40.00 48.00** 40.00 40.00 County Judge 4.00 4.00 2.00 4.00 2.00 2.00 4.00 ++++ ++++ Law Library 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 Probate Education 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 Sheriff 90.00 90.00 90.00 90.00 90.00 each ***

• 180.00
• Alternative Dispute

Resolution 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Court-Initiated Guardianship 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 Records Management 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 Courthouse Security 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 Indigent Legal Services 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 Judicial Fund 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 Support of Judiciary 42.00 42.00 42.00 42.00 42.00 42.00 42.00 42.00 42.00 Court of Appeals 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 Court Records Preservation 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 Judicial & Court Personnel Training 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 EFiling 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 Total ♦ 365.00 365.00 363.00 365.00 365.00 269.00 459.00 267.00 267.00

*includes issuance of posted citation ♦ Add $15.00 Court Reporter Fee for cases filed in CCL ** includes issuance of posted & personal citation *** Sheriff service fee is PER citation issued (posted, personal or published) ++++ Add $2.00 if Order presented

Commented [MSOffice1]: Clerks Fee LGC 118.052(2)(A)(i) & Issuance LGC 118.052(3)(A) Commented [MSOffice2]: Co. Judge & LGC 118.101 (1-13) (order probating & Order granting letters) Commented [MSOffice3]: Law Library LGC 323.023(a) Commented [MSOffice4]: Prob. Edu. LGC 118.052(2)(A)(vi) & LGC 118.064 Commented [MSOffice5]: SO Fee LGC 118.131 Commented [MSOffice6]: ADR Fee Civil Practices & Remedies 152.004(a) Commented [MSOffice7]: CIG Fee LGC 118.052(2)(E) Commented [MSOffice8]: RM Fee LGC 118.052(3)(G) Commented [MSOffice9]: CH Security LGC 291.008(a) Commented [MSOffice10]: Indigent Fee LGC 133.153(a)(1) Commented [MSOffice11]: Judicial GC 51.702(a) & 51.703(a) Commented [MSOffice12]: Support of Judiciary LGC 133.154 Commented [MSOffice13]: COA Fee GC 22.2081(b) & CC

• rder 8/21/09

Commented [MSOffice14]: Crt. Records GC 51.708(a) Commented [CC-JS15]: Judicial & Court Personnel Training 9.1.17 §101.08111 GC Commented [js16]: GC 51.851(b) Commented [jds17]: Court Reporter GC 51.601(a)

ADDITIONAL FEES

*Inventory & Appraisement (filed late) Clerk’s Fee $25.00 Judges Signature 2.00 Total $25.00

*(fee charged if filed after the 90th day personal representative qualifies or after extended deadline specified by the Court)

Claims against the Estate Clerk’s Fee $ 10.00 Judges Signature 2.00 Total $ 12.00

Fees for documents filed after the Original Application has been on file for 120 days or after the Order Approving the Inventory and Appraisement has been entered, whichever occurs first:

Annual Account or Final Account of the Estate Clerk’s Fee $ 25.00 Judges Signature 2.00 Total $ 27.00* *Fees do not include Issuance/Service of Citation Application for Sale of Real/Personal Property Clerk’s Fee $ 25.00 Judges Signature 2.00 Total $ 27.00* *Fees do not include Issuance/Service of Citation Annual or Final Report of Guardian of Person Clerk’s Fee $ 10.00 Judges Signature 2.00 Total $ 12.00* Document over 25 pages Clerk’s Fee $ 25.00 Total $ 25.00* *plus $2.00 for Judge’s signature (if order presented or applicable)

Commented [js18]: LGC 118.052(2)(B)(i) & 118.056(d) Commented [js19]: LGC 118.052((2)(D) & 118.058) Commented [js20]: LGC 118.052(2)(B)(iv) Commented [js21]: LGC 118.052(2)(B)(v) Commented [js22]: LGC 118.052(2)(B)(vi) Commented [js23]: LGC 118.052(2)(B)(vii)

Fees do not include Issuance/Service of Citation Bonds (late fee) $3.00 plus $2.00 for Judges signature

• Oaths

$ 2.00

• Issuance of Letters (Testamentary, Guardianship, Admin.)

$ 2.00

• Issuance of Abstract of Judgment

$ 5.00

• Issuance of Citation, Notice, Subpoena

$ 4.00

• Jury Fee (if requested)

$ 40.00

• Judge’s Signature

$ 2.00 per each Order signed by Judge

Application For Successor Guardian/Executor & Applications filed within Existing Estate

Clerks Fee $40.00 Courthouse Security 5.00 Court Initiated Guardianship 20.00 Records Management 5.00 Indigent Legal Services 10.00 Statewide eFiling Fee 30.00 Judicial & Court Personnel Training 5.00 Total $115.00*

*plus $2.00 for Judge’s signature Fees do not include Issuance/Service of Citation

Adverse Actions

Cross Action (Original Petitions filed w/in case) Objections/Opposition Contest Interventions Clerks Fee 40.00 Courthouse Security 5.00 Court Initiated Guardianship 20.00 Records Management 5.00 Indigent Legal Services 10.00 Statewide eFiling Fee 30.00

Commented [jds24]: LGC 118.052(2)(B)(ii) Commented [jds25]: LGC 118.052(2)(B)(iii) Commented [jds26]: LGC 118.052(3)(D) Commented [js27]: LGC 118.052(1)(C)(i) Commented [jds28]: LGC 118.052(3)(A) & 118.059 Commented [jds29]: LGC 118.101 Commented [jds30]: LGC 118.052(2)(A)(i) Commented [js31]: GC §51.851 Commented [CC-JS32]: Judicial & Court Personnel Training §101.08111 GC 9.1.17 Commented [jds33]: LGC 118.052 (2)(C) Commented [jds34]: LGC 118.052(2)(E) Commented [jds35]: LGC 118.052(3)(G) & LGC 118.0645 Commented [jds36]: LGC 133.153(a)(1)

Judicial & Court Personnel Training 5.00 Total $115.00* *plus $2.00 for Judge’s signature (if order presented or applicable) Fees do not include Issuance/Service of Citation

Wills for Safekeeping

Clerks Fee 5.00 Courthouse Security 1.00 Records Management 5.00 Total 11.00

Registry Handling Expenses

(Clerks Fee) Interest bearing = 10% of interest Non-Interest bearing 5% of withdrawal not to exceed $50.00 Copy & Miscellaneous Fees Certified Copies $5.00 (Clerks Certificate) Fee for each page $1.00 (per page) Non-Certified copies $1.00 per page Authenticated/Exemplified/3 Way Copies $7.00 (5.00 Clerk’s Certification/$2.00 for Judge’s Signature) Certificate of Fact Concerning Record $5.00 Fax/Email fees $5.00 (covers 1-5 pages, page 6 & up $1.00 per page) $5.00 flat fee if no paper copies have to be made Certified Mail Service of Process fee is the same as Sheriff $90.00 (plus issuance) POTTER COUNTY DOES NOT COLLECT OUT OF COUNTY SERVICE FEES

Commented [CC-JS37]: Judicial & Personnel Training §101.08111 GC 9.1.17 Commented [jds38]: LGC 118.052(3)(E) Commented [jds39]: LGC 291.008(d) Commented [jds40]: LGC 118.052(3)(G) Commented [jds41]: LGC 117.054(b)(1) Commented [jds42]: LGC 117.055(a) Commented [jds43]: LGC 118.052(3)(B) Commented [jds44]: LGC 118.052(3)(C) Commented [jds45]: LGC 118.052(3)(C) Commented [jds46]: LGC 118.052(3)(B) Commented [jds47]: LGC 118.052(3)(F) & 118.063

Registration of Private Professional Guardian Clerks Fee 40.00 Total 40.00

Commented [jds48]: HB 2080 (2013 Legislation)

CIVIL FEES (OTHER)

(effective 9/1/2017)

Bond Forfeiture Original Action

Cause of Action→ Fees↓ Abstract of Judgment, Execution, Order of Sale, Writ or Other Process Bond Forfeiture Original Action Clerk’s Fee $5.00 *44.00 Law Library 35.00 Alternate Dispute Resolution 15.00 Sheriff Fee $180.00 **90.00 Records Management 5.00 Courthouse Security Fee 5.00 Indigent Legal Services 10.00 Judicial Fund 40.00 Court of Appeals 5.00 Court Records Preservation 10.00 Statewide eFiling Fee 30.00 Bailiff Fee 5.00 Judicial & Court Personnel Training 5.00 Total ♦ $299.00 *Varies depending on issuance (add $4.00 for each additional issuance) ** Fees shown are for Potter Co. Sheriff. If citation is served by Cert. Mail the County Clerk will receive the same as Sheriff POTTER COUNTY DOES NOT COLLECT OUT OF COUNTY FEES ♦Add $15.00 Court Reporter Fee for cases filed in CCL Jury Fee (if requested) $40.00 Issuance of Citation, Subpoena, Notice, etc. (Original & One (1) copy) $4.00/set Issuance of Abstract of Judge $ 5.00

Commented [jds49]: Per AG opinion 11/21/06 GA-0486 the $37.00 (now $42.00) filing fee (Judicial Support fee) in LGC 133.154(a) does not apply to Bond Forfeitures Commented [jds50]: LGC 118.052 Commented [jds51]: Lgc 323.023(a) Commented [jds52]: ADRC Civil Practices & Remedies 152.004(a) Commented [jds53]: Sheriff Fee LGC 118.052(3)(F) & 118.131 Commented [jds54]: RM LGC 118.052(3)(G) Commented [jds55]: CH Sec. LGC 291.008(a) Commented [jds56]: Indigent Fee LGC 133.153(a)(i) Commented [jds57]: Judicial Fee GC 51.702(a) & 51.703(a) Commented [jds58]: COA Fee GC 22.2081(b) & CC order 8/21/09 Commented [jds59]: Crt. Records GC 51.708(a) Commented [js60]: GC 51.851(b) Commented [js61]: LGC 118.131 & by CC order of 8.24.15. Fee was not reported to Comptroller in 2015 so we could not collect until it was reported to Comptroller in 2016. Commented [CC-JS62]: Judicial & Court Personnel Training 9.1.17 GC §101.08111 Commented [jds63]: Sheriff Fee LGC 118.052(3)(F) & 118.063 Commented [jds64]: Court Reporter Fee GC 51.601(a) Commented [jds65]: Jury Fee RCP Rule 216 & GC 51.604(a)(c) Commented [jds66]: LGC 118.052(3)(A) & 118.059

• Misc. Fees

LIQUOR LICENSE Clerks Certificate $ 5.00 Protested Application Fee $ 25.00 COMMITMENT CASES Clerks Fee 40.00 Judicial Fund 40.00 County Attorney 50.00 Probate Education 5.00 Sheriff 90.00* Law Library 35.00 Support of Judiciary 42.00 Court of Appeals 5.00 Court Records Preservation 10.00 Records Management 5.00 Courthouse Security 5.00 Indigent Legal Services 10.00 Statewide eFiling Fee 30.00 Judicial & Court Personnel Training 5.00 Total ** 342.00 *Amount subject to change depending on # of Notices & mileage ** Total does not include fees for Court Appointed Attorneys or Examiners and will vary based on hearings needed for patient. ALL DOCKETS Non-certified Copy $1.00/page Certified copy $1.00/page + $5.00 Clerk’s Certificate Authenticated/Exemplified/3 way copy fee $7.00 ($5.00 Clerks Certification/$2.00 for Judge’s signature) Certificate of Fact Concerning Record: $5.00

(updated 12.31.18)

Commented [js67]: SB 1035 effective 9/1/13 Commented [jds68]: LGC 118.052 Commented [jds69]: Judicial Fee GC 51.702(a) & 51.703(a) Commented [jds70]: CO. Atty Fee Tx. Health & Safety Code 574.031(k) Commented [jds71]: Probate Ed. LGC 118.052(2)(A)(vi) & LGC 118.064 Commented [jds72]: Sheriff Fee LGC 118.131 Commented [jds73]: Law Library LGC 323.023(a) Commented [jds74]: Support of Judiciary LGC 133.154 Commented [jds75]: COA Fee GC 22.2081(b) & CC order 8/21/09 Commented [jds76]: Crt. Records GC 51.708(a) Commented [jds77]: RM Fee LGC 118.052(3)(G) Commented [jds78]: CH Security LGC 291.008(a) Commented [jds79]: Indigent LGC 133.153(a)(1) Commented [js80]: GC 51.851(b) Commented [CC-JS81]: Judicial & Court Personnel Training 9.1.17 GC §101.08111

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