Probate/Guardianship Dockets
Uncontested probate matters are heard on designated Monday mornings at 10:00 AM.
The Court holds in-person and Zoom hearings on all docket days.
CONTESTED MATTERS ARE SET BY REQUEST FOR IN-PERSON HEARINGS ONLY.Email the Probate Auditor at meera.mahadevan@fortbendcountytx.gov to request hearing dates. The Court will offer few hearing dates. Please confirm via email the date you would like to schedule the hearing. Your hearing date will be confirmed by a follow up email from the Probate Auditor. If you fail to receive an email confirming the hearing, your hearing has not been scheduled. Please contact/email the Probate Auditor immediately.
Requirements before requesting a hearing date
- The Original Will must be filed with the County Clerk’s Office.
- The ad litem deposit (see Standing Administrative Order) must be paid into the Registry of the Court.
Uncontested Docket
It is the Court’s Policy to review all documents, orders and judgments. We must receive the proposed Orders and Judgements on the Monday the week before the scheduled hearing or the hearing is subject to cancellation. At its discretion, the Court may postpone or cancel a hearing if an attorney fails to comply with posted guidelines for uncontested docket paperwork. By reviewing the documents before the hearing, the Court can ensure that hearings go more smoothly for participants who are already dealing with the stress of someone’s death.
ANCILLARY DOCUMENTS must be filed seven (7) days prior to the scheduled hearing date. Ancillary documents include: (1) Ad Litem Reports; (2) death certificates; (3) JBCC Registration and Criminal Background Search. Failure to do so may result in removal from the docket.
Email documents to Court: After the hearing is set, email proposed Orders and/or Judgments to meera.mahadevan@fortbendcountytx.gov.
- Testimony via Deposition on Written Questions/Posted Notice Requirement: Applicants on the uncontested docket wishing to submit testimony via deposition on written questions must file the deposition response(s) at least one week prior to the scheduled hearing date.
Muniment of Title
- Medicaid Estate Recovery Program: If the decedent applied for and received Medicaid benefits on or before March 1, 2005, but there is no Medicaid claim against the estate, a MERP certification that the decedent’s estate is not subject to a MERP claim is required to be filed. See the Court’s policy on Muniment of Title and Medicaid Benefits [PDF]
- Affidavit of Fulfillment of Terms (“Affidavit”) will not be waived unless, (1) The Applicant is the sole heir under the will; or (2) All beneficiaries join in the application, file a waiver, or appear in court. Waivers must include language that the beneficiary is requesting that the requirement of the filing of an Affidavit be waived.
- Probating a Will more than Four Years after the Death of the Testator:
- Reference “more than four years after death of testator” in the title and body of the application and order.
- All heirs and devisees under the Will must be personally served with citation, or in the alternative, file an "Affidavit Waiving Citation and Waiving Objection for Probate of a Will More than Four Years after Decedent’s Death"
Independent Administration - Wills
Social Security and Driver’s License numbers on Applications: Estates Code requires applications to probate a will and applications for letters of administration to include the last three digits of the applicant’s social security number and driver’s license number and, if known, the last three digits of the decedent’s social security number and driver’s license number.
Exact names and aliases: The Court requires all pleadings to begin with the exact names as they appear in the Will for the Decedent and Executor, even if the person is now known by another name. The exact name can be followed by the “now known as” name – or any other a/k/a or f/k/a name.
Alternate Executor: If anyone other than the first-named executor in the Will is being appointed, be sure to include the name of the first-named executor and why he or she cannot serve. Be sure to do the same for all other named executors who will not serve but who have priority over the executor(s) who will serve. This information needs to be included in the application and in the findings section of the order.
Probating Codicils: Reference “Codicil” in the title of all document(s) as well as in the body.
Probating a Will that is not Self-Proved and/or a Holographic Will: The Court requires all necessary witnesses to be present in Court to give testimony. Additionally, all witness testimony shall be reduced to writing.
Probating a Copy of a Will or Codicil or a Lost Will or Codicil:
Reference “copy” in the title and body of the application and order, proof and oath.
Physically file the will or codicil copy that is being offered for probate with the County Clerk as if it were an original document. This helps the Court properly evaluate the copy of the Will or Codicil that is being offered for probate.
All heirs and devisees under the Will must be personally served with citation, or in the alternative, file an “Affidavit Waiving Citation for Probate of a Copy of a Lost Will or Codicil or Probate of a Lost Will or Codicil without a Copy”
Dependent Administration
Minor Heirs: The Court will require a dependent administration if a decedent dies intestate and any heirs are minors, unless extraordinary circumstances are brought to the Court’s attention.
Heirship Proceedings
TWO DISINTERESTED WITNESSES are required to prove up an heirship. Additionally, all witness testimony shall be reduced to writing.
JUDGMENTS must comply with intestate distribution laws. Even if the applicant is claiming the estate consists of only community property, the Judgment must address distribution of separate property as the Court is not making a finding as to the character of property. Attorney Ad Litem Fees shall be addressed by a separate order.
ADULT HEIRS MUST WAIVE CITATION, be personally served citation (no private process), or receive citation by certified mail. Citations are issued via the County Clerk’s Office. Return Receipts will not be accepted from attorneys.
AFFIDAVIT OF SERVICE OF CITATION - A sworn Affidavit of Service of Citation or certificate signed by the applicant’s attorney must be e-filed at least one week prior to the scheduled hearing date.
AD LITEMS shall file a written report seven (7) days prior to the hearing.
Texas Descent and Distribution Chart [PDF]
Guardianship Proceedings
AD LITEM CERTIFICATION must be e-filed by all applicant attorneys filing a new guardianship proceeding, along with the application.
HEALTH CARE PROVIDER’S CERTIFICATE OF MEDICAL EXAMINATION FORM: Physician’s Certificate [PDF] - Make sure to provide the doctor with the most recent version. We will accept your own form, but make sure it complies with the code.
CRIMINAL BACKGROUND CHECK with the JBCC is required of all proposed guardians, except for attorney’s who are applying to serve as a guardian. A hearing will not be scheduled until the Court has the criminal background check.
REGISTRATION AND TRAINING with the JBCC must be completed as soon as possible but no later than ten business days prior to the scheduled hearing.
ANNUAL REPORT FORM shall be completed by all guardians appointed by the Court.
Annual Report Form [PDF]
Small Estate Affidavits
The Court requires all Small Estate Affidavits to use the form approved by the County Courts at Law Judges. This form can be found on the Courts webpage or downloaded from the link below.
•As of April 15, 2016, an Original Death Certificate must be provided to the Court’s Probate Auditor.
•Small Estate Affidavit Checklist [PDF]
•Small Estate Affidavit Form [PDF]