Probate procedure in Texas

Tex. R. Civ. P. 313 — Against Executors, Etc.

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

A judgment for the recovery of money against an executor, administrator or guardian, as such, shall state that it is to be paid in the due course of administration. No execution shall issue thereon, but it shall be certified to the county court, sitting in matters of probate, to be there enforced in accordance with law, but judgment against an executor appointed and acting under a will dispensing with the action of the county court in reference to such estate shall be enforced against the property of the testator in the hands of such executor, by execution, as in other cases.

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Tex. R. Civ. P. 202 — Depositions Before Suit Or To Investigate Claims

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

(a) Personal service on witnesses and persons named. At least 15 days before the date of the hearing on the petition, the petitioner must serve the petition and a notice of the hearing - in accordance with Rule 21a - on all persons petitioner seeks to depose and, if suit is anticipated, on all persons petitioner expects to have interests adverse to petitioner's in the anticipated suit. (b) Service by publication on persons not named. (1) Manner. Unnamed persons described in the petition whom the petitioner expects to have interests adverse to petitioner's in the anticipated suit, if any, may be served by publication with the petition and notice of the hearing. The notice must state the place for the hearing and the time it will be held, which must be more than 14 days after the first publication of the notice. The petition and notice must be published once each week for two consecutive weeks in the newspaper of broadest circulation in the county in which the petition is filed, or if no such newspaper exists, in the newspaper of broadest circulation in the nearest county where a newspaper is published. (2) Objection to depositions taken on notice by publication. Any interested party may move, in the proceeding or by bill of review, to suppress any deposition, in whole or in part, taken on notice by publication, and may also attack or oppose the deposition by any ot…

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Tex. R. Civ. P. 21 — Filing And Serving Pleadings And Motions

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

(ii) when an unrepresented party has not provided an e-mail address. (11) Non-Conforming Documents. The clerk may not refuse to file a document that fails to conform with this rule. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit the document in a conforming format. (12) Original Wills. 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 three business days after the application is filed. (13) Official Record. The clerk may designate an electronically filed document or a scanned paper document as the official court record. The clerk is not required to keep both paper and electronic versions of the same document unless otherwise required by local rule. But the clerk must retain an original will filed for probate in a numbered file folder. Notes and Comments Comment to 2013 Change: Rule 21 is revised to incorporate rules for electronic filing, in accordance with the Supreme Court’s order - Misc. Docket No. 12-9206, amended by Misc. Docket Nos. 13-9092 and 13-9164 - mandating electronic filing in civil cases beginning on January 1, 2014. The mandate will be implemented according to the schedule in the order and will be completed by July 1, 2016. The revisions reflect the fact that the mandate will only apply to a subset of Texas…

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Tex. R. Civ. P. 736 — Expedited Order Proceeding

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

736.1. Application (a) Where Filed. An application for an expedited order allowing the foreclosure of a lien listed in Rule 735 to proceed must be filed in a county where all or part of the real property encumbered by the loan agreement, contract, or lien sought to be foreclosed is located or in a probate court with jurisdiction over proceedings involving the property. (b) Style. An application must be styled “In re: Order for Foreclosure Concerning [state: property’s mailing address] under Tex. R. Civ. P. 736.” (c) When Filed. An application may not be filed until the opportunity to cure has expired under applicable law and the loan agreement, contract, or lien sought to be foreclosed. (d) Contents. The application must: (1) Identify by name and last known address each of the following parties: (A) “Petitioner” - any person legally authorized to prosecute the foreclosure; (B) “Respondent” - according to the records of the holder or servicer of the loan agreement, contract, or lien sought to be foreclosed; (i) for a home equity loan, reverse mortgage, or home equity line of credit, each person obligated to pay the loan agreement, contract, or lien sought to be foreclosed and each mortgagor, if any, of the loan agreement, contract, or lien sought to be foreclosed; (ii) for a tax lien transfer or property tax loan, each person obligated to pay the loan ag…

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