Bexar County, TX
All 112 county-scoped rules
Every published instrument scoped to Bexar County, newest effective date first. 2 region-wide and 1,248 statewide instruments also apply here — search all three layers together. Procedural information only; not legal advice.
Published rules, newest effective date first
Showing 51–100 of 112 · page 2 of 3
Third Amended Joint Order Revising Fee Schedule for appointed counsel in misdemeanor cases (Bexar County Courts at Law giving preference to criminal matters; 2023 SO 11, October 9, 2023)
The indigent-defense fee schedule for misdemeanors with an offense date on or after May 1, 2023 (replacing 2023 SO 07): flat fees by disposition — plea and sentence $300, dismissal $300, dismissal on the day of trial $500, jury or bench trial $750, appeal to the Fourth Court of Appeals $750, replaced attorney $50, motion to revoke $150 ($250 contested with sworn testimony), incompetency disposition $350, Auxiliary Court attorney for the day $300 — with add-ons (additional cases $50, initial jail visit $100, bond hearings $100/$300, bond motions $100 or $150, suppression hearing outside trial $250, expunction after acquittal $150); an hourly option of $75 up to 8 hours for DWI and family-violence cases plus the $750 trial fee; a $100 board-certification bonus; vouchers submitted after disposition to the judge of the court of disposition, one flat-fee disposition per voucher, and none accepted after 180 days absent good cause.
Court Instructions for the Temporary Administrator of an Estate (Bexar County Probate Court No. 3; effective September 1, 2023)
The temporary administrator must file the oath or declaration within 20 days and the bond by the third day after the appointing order (§ 452.004), send qualified-delivery notice of the appointment to all known heirs stating the 15-day contest window, continuation of the appointment absent contest and the court's power to make it permanent (§ 452.006), exercise only the powers in the appointing order (§ 452.101), keep funds in insured accounts, obtain court orders before any expenditure and before disposing of non-cash assets, keep records, preserve and insure assets, and at the expiration of the appointment file a sworn list of property received, a return of sales and a full exhibit and account (§ 452.151); with the fiduciary do's and don'ts and bond responsibilities; signed and filed by the temporary administrator.
Court Instructions of the Guardian of the Person of an Incapacitated Adult or Minor (Bexar County Probate Court No. 3; effective September 1, 2023)
The guardian of the person must file the bond and oath or declaration within 20 days of the appointing order (the qualification date), explain the Ward's Bill of Rights (Estates Code § 1151.351, attached) to the ward in the ward's language or preferred mode of communication on appointment and at each annual renewal, file the sworn Annual Report of the Condition, Welfare and Well-Being of the Ward within 60 days after each anniversary of qualification (show cause, revocation, removal or a fine up to $1,000 otherwise; form on the court's Orders & Forms page), account to the Social Security Administration for any benefits received, preserve and insure the ward's assets, file the final report when the guardianship closes on the ward's death or restoration, and consult counsel; signed and filed by the guardian.
Court Instructions of the Independent Administrator of an Intestate Estate (Bexar County Probate Court No. 3; effective September 1, 2023)
The independent administrator of an intestate estate must file the oath or declaration (and any ordered bond) within 20 days of the order granting letters, give creditor notices (publication within one month, qualified delivery to secured creditors within two months, Comptroller notice where taxes are owed) with proof filed, file the inventory, appraisement and list of claims within 90 days of qualification (show cause, revocation or a fine up to $1,000 otherwise), may close by notice or declaratory judgment after six months, and must consult counsel; with the fiduciary do's and don'ts and bond responsibilities; signed and filed by the administrator.
Court Instructions of the Independent Administrator with Will Annexed (Bexar County Probate Court No. 3; effective September 1, 2023)
The independent administrator with will annexed must file the oath or declaration (and any ordered bond) within 20 days of the order granting letters, give creditor notices (publication within one month, qualified delivery to secured creditors within two months, Comptroller notice where taxes are owed) with proof filed, give beneficiaries the § 308.002 notice within 60 days and file the affidavit or certificate of notice within 90 days, file the inventory, appraisement and list of claims within 90 days of qualification (show cause, revocation or a fine up to $1,000 otherwise), may close by notice or declaratory judgment after six months, and must consult counsel; with the fiduciary do's and don'ts and bond responsibilities; signed and filed by the administrator.
Court Instructions of the Independent Executor (Bexar County Probate Court No. 3; effective September 1, 2023)
The independent executor must file the oath or declaration within 20 days of the order granting letters (and any ordered bond), publish notice to unsecured creditors within one month and send qualified-delivery notice to secured creditors within two months (and to the Comptroller if taxes are owed), filing the publisher's affidavit and affidavits of notice; give beneficiaries the § 308.002 notice within 60 days of probate and file the affidavit or certificate of notice within 90 days even if sole beneficiary; file the inventory, appraisement and list of claims within 90 days of qualification (show cause, revocation, removal or a fine up to $1,000 otherwise); may close by notice or declaratory judgment after six months; and must consult the attorney; with the fiduciary do's and don'ts (separate estate account, records, prudent management, bond premiums; no treating estate property as one's own) and bond responsibilities; the executor signs and files the instructions.
Court Instructions to the Dependent Administrator of an Intestate Estate (Bexar County Probate Court No. 3; effective September 1, 2023)
The dependent administrator of an intestate estate must file the oath or declaration within 20 days of the order granting letters and any ordered bond, give creditor notices (publication within one month, qualified delivery to secured creditors within two months, Comptroller notice where taxes are owed) with proof filed, file the inventory, appraisement and list of claims within 90 days of qualification (show cause, revocation, removal or a fine up to $1,000 otherwise), file sworn annual accounts within 60 days after each anniversary of qualification, keep estate funds in insured accounts, obtain court orders before any expenditure and before disposing of non-cash assets, keep records, preserve and insure assets, file the final accounting when the estate is ready to close, and consult counsel; with the fiduciary do's and don'ts and bond responsibilities; signed and filed by the administrator.
Court Instructions to the Guardian of the Estate of an Incapacitated Adult or Minor (Bexar County Probate Court No. 3; effective September 1, 2023)
The guardian of the estate must file the bond and oath or declaration within 20 days of the appointing order, explain the Ward's Bill of Rights (§ 1151.351, attached) on appointment and each annual renewal, publish notice to unsecured creditors within one month and send qualified-delivery notice to secured creditors within four months with proof filed, file the inventory, appraisement and list of claims within 30 days of qualification, file sworn annual accounts within 60 days after each anniversary (form on the court's Orders & Forms page), keep guardianship funds in insured, interest-bearing accounts and file an investment plan within 180 days, obtain court orders before any expenditure (including a monthly or annual allowance) and before disposing of non-cash assets, keep records, keep Social Security funds separate, preserve and insure assets, file the final accounting when the guardianship closes, and consult counsel; with the fiduciary do's and don'ts (no spending or transfers without court approval except lien releases, proxies, calls and assessments, insurance, taxes, costs and bond premiums) and bond responsibilities; signed and filed by the guardian.
Court Instructions to the Guardian of the Person and Estate of an Incapacitated Adult or Minor (Bexar County Probate Court No. 3; revised September 1, 2023)
The guardian of the person and estate must file the bond and oath or declaration within 20 days of the appointing order, explain the Ward's Bill of Rights (§ 1151.351, attached) on appointment and each annual renewal, give creditor notices (publication within one month; qualified delivery to secured creditors within four months) with proof filed, file the inventory, appraisement and list of claims within 30 days of qualification, file both the sworn annual account and the annual report on the ward's condition within 60 days after each anniversary (forms on the court's Orders & Forms page), keep funds in insured, interest-bearing accounts under an approved investment plan, obtain court orders before any expenditure (including an allowance) and before disposing of non-cash assets, keep records, keep Social Security funds separate, preserve and insure assets, file the final accounting and final report when the guardianship closes, and consult counsel; with the fiduciary do's and don'ts and bond responsibilities; signed and filed by the guardian.
Court Instructions to the Temporary Guardian of the Person and/or Estate of an Incapacitated Person or Minor (Bexar County Probate Court No. 3; effective September 1, 2023)
The temporary guardian must file the oath or declaration and bond within 20 days of the appointing order, explain the Ward's Bill of Rights (attached) to the ward, exercise only the powers expressed in the appointing order or later orders (§ 1251.101), and — if guardian of the person — file the § 1251.153(a-1) final report at expiration; if guardian of the estate, keep funds in insured accounts with excess in interest-bearing accounts, obtain court orders before any expenditure (including an allowance) and before disposing of non-cash assets, keep records, keep Social Security funds separate, preserve and insure assets, and, since a temporary guardianship may not exceed 60 days except under § 1251.052, file at expiration a sworn list of property, a return of sales and a full exhibit and account of all acts (§ 1251.151); with the fiduciary do's and don'ts and bond responsibilities; signed and filed by the temporary guardian.
Court-Ordered Instructions for a Dependent Administrator/Executor (with or without will) (Bexar County Probate Court No. 3; effective September 1, 2023)
Fifteen court-ordered duties sworn to before appointment: consult counsel; notify the court of address changes; file oath or declaration and bond within 20 days (qualification when both are done); publish creditor notice within 30 days and send qualified-delivery notice to secured creditors within two months, filing the publisher's affidavit, copies and an affidavit of notice; give will beneficiaries notice within 60 days and file the affidavit or certificate within 90 days; file the inventory within 90 days; annual accounts within 60 days after each anniversary; separate estate business; insured estate accounts with excess in interest-bearing accounts; court orders before any expenditure not expressly authorized and before selling, leasing or transferring non-cash assets; records; preserve and insure assets; final accounting by the third anniversary or petition for an extension; court permission to move out of state or be absent more than three months; removal and bond liability for failures; with the fiduciary do's and don'ts (no spending without court approval except calls and assessments, insurance, taxes, costs and bond premiums) and bond responsibilities; the applicant swears before a notary and the attorney certifies having discussed the responsibilities.
Notary Seal Required v. Unsworn Declaration Permitted — filing requirements in Probate Court No. 3 (Bexar County; Judge Barbie Scharf-Zeldes)
Documents that still require a notary seal in Probate Court No. 3 — proof of death and other facts (§ 256.157), proof of signature or subscribing witness (§ 256.152), statements of fact (§ 203.001), affidavits of service under § 202.057 unless certified by the attorney, applications to determine heirship (§ 202.007), guardianship applications (§§ 1251.003, 1101.001), temporary administration applications (§ 452.002), inventories in administrations and guardianships (§§ 309.053, 1154.053) and annual and final accounts (§§ 359.005, 362.003, 1163.005, 1204.101) — versus those where an unsworn declaration is permitted: waivers of notice in heirships (§§ 202.055–.056), appointment of a resident agent (§ 1104.357), annual guardianship reports (§ 1163.1011), consents to independent administration (§§ 401.003–.004), declinations to serve (§ 401.008; notary recommended), and, since September 1, 2023, the executor's or administrator's oath, which without a notary must carry the prescribed declaration language (§§ 305.001–.003, 305.051–.053, 305.055).
Adoption of the Standard Order for Discovery of Breath Testing Records for Intoxilyzer 9000 and the Amended Standing Discovery Order on Copying and Production of Blood Testing Records (2023 SO 09; August 29, 2023)
The thirteen county court at law judges hearing criminal matters adopt the standard breath-test discovery order (Intoxilyzer 9000) and the amended standing blood-test discovery order for use in their courts.
Standing Order on Trial Procedures in County Court at Law Number 7 and Impact Court Number 7 (2023 SO 08; August 21, 2023)
All motions must be written and filed and served under the CCL Local Rules and the Code of Criminal Procedure; County Court at Law No. 7 and Impact Court No. 7 each hold a Call Docket the Thursday before Monday trials, with Impact Court trials Monday through Wednesday; neither court gives an automatic "not ready" continuance — a party not ready must file a Chapter 29 motion for continuance and present it for ruling, and even an agreed continuance requires both parties to approach the bench for a good-cause determination.
Standing Order re Trial Subpoenas and Grand Jury Summons under the Fair Credit Reporting Act (Bexar County Criminal District Courts; July 2023 edition)
Under 15 U.S.C. § 1681b(a)(1), the foreperson of any grand jury empanelled by the criminal district courts and any attorney representing the State before the grand jury or in an indicted case are authorized, without further order, to request from any entity the information necessary to resolve criminal investigations; a copy of the order must be attached to every grand jury summons and trial subpoena directed to a consumer reporting agency, which must comply (supplying a competent witness if necessary) and remains subject to Chapter 24 of the Code of Criminal Procedure.
Standing Order Regarding Subpoenas to HIPAA Covered Entities and Federal Agencies (Bexar County Criminal District Courts; July 2023 edition)
Invoking 45 CFR 164.512(f)(1)(ii)(A) (HIPAA law-enforcement disclosures under a court order or a subpoena or summons issued by a judicial officer) and 5 U.S.C. § 552a(b)(7) and (11) (Privacy Act law-enforcement request and court-order exceptions), the criminal district judges authorize the grand jury foreperson and the State's attorney, without further order, to request all necessary information from covered entities and federal agencies; a copy of the order must be attached to every such subpoena, and the covered entity or agency must comply forthwith, remains subject to Chapter 24 of the Code of Criminal Procedure, and must supply a competent witness if necessary.
"You must address Medicaid!" — required MERP statements in the Proof of Death for muniments of title and heirships with no administration (Bexar County Probate Court No. 2)
Because Medicaid estate-recovery claims are debts of the estate in Texas, the court cannot sign an order probating a will as a muniment of title or a determination of heirship with an order of no administration unless the Proof of Death and Other Facts states either that the decedent did not apply for and receive Medicaid benefits on or after March 1, 2005, or that the decedent did but there is no Medicaid claim — in which case counsel must also file a MERP certification that the estate is not subject to a claim or prove that none will be filed (death before age 55, a surviving spouse, or a child under 21); any MERP claim must be paid before the order can be signed.
Court Procedures in Civil Cases — Courtroom Preferences of the 288th District Court (Judge Cynthia Marie Chapa; Bexar County)
Nine sections: contact only the clerk (Stephanie Holman) by e-mail on procedural matters, copying all parties; courtesy copies of everything the court will hear; attorneys at hearings must know the case, have authority and be ready to log on to Zoom for hybrid hearings; for trials and evidentiary hearings, exhibit and witness lists, designated deposition excerpts and objections; voir dire of about 30 minutes in panels of eight with follow-up one juror at a time and an alternate always seated; a single joint proposed jury charge with numbered instructions and authority, disputed items marked, uploaded to Google Drive or sent in Word; jury assignments received Thursdays with a letter of expectations, no passing a setting for another trial unless actually in trial, everyone in court by 9:30; pre-marked, exchanged exhibits in tabbed notebooks, objections ruled on before trial, no passing exhibits to the jury without permission; Zoom cart, ELMO and easels available on arrangement; trial hours 9:30–5:00 with a 12:00–1:30 recess; decorum (stand to address the court; no eating, phones, iPads or recording; proper attire in person and on Zoom); counsel responsible for witnesses; counsel stay near the courtroom during deliberations and may not contact jurors without permission.
Pro Se Hearing Guidelines — the Staff Attorney review and uncontested docket for self-represented litigants (Bexar County Civil District Courts)
A self-represented litigant must have the documents reviewed for legal sufficiency by the Office of the Staff Attorney for the Civil District Courts (100 Dolorosa, Rm 2.16) before being set on the uncontested docket, which is called at 2:00 p.m. in the Presiding Court (room 109); only uncontested matters (no answer or written objection) may be heard there — once contested, the litigant must set a contested hearing and give notice; the litigant must arrive before 2:00 p.m. with all required documents, orders and decrees, dress appropriately (no tank tops, shorts, flip-flops, hats, torn jeans; phones off; no food or gum), and proceeds pro se without assistance or advice from the judge, staff or clerks; the Staff Attorney is not the litigant's attorney and gives no legal advice; filing and service fees are not refundable.
Rules for Mediation as adopted by the Bexar County Civil District Judges (Exhibit C)
Eighteen rules that parties adopt by agreeing to mediate: the mediator facilitates but decides nothing, must disclose bias and steps aside if the parties disagree on serving, may meet jointly or separately and obtain expert advice at the parties' expense; parties commit to participate in good faith and negotiate their own settlement; representatives must have authority to settle and all persons necessary to the decision must attend; the mediator sets time and place; each party provides an information sheet and request for mediation before the first session; sessions are private and confidential (mediator not compellable; a party who tries to compel pays the fees; views, admissions and proposals are inadmissible); no stenographic record or recording; no service of process at or near the session; termination by settlement, mediator's declaration or a party's written declaration after one full session; mediator liability excluded; fees agreed in advance and expenses split equally.
Administrative Order 2022-02 on Attorney Ad Litem Fees in Decedent's Estates and Guardianship Cases (Bexar County Probate Courts; effective October 15, 2022)
To align with the other statutory probate courts of Texas, the minimum base-line fee for a court-appointed attorney ad litem in a probate or guardianship matter is $600.00, effective on or after October 15, 2022.
Checklist for Appointment of Guardian — attorney checklist and verification (Bexar County Probate Court No. 2; September 1, 2022)
Before an attorney may set a guardianship application for hearing every item must be complete: the four-hour ad litem training registered with the State Bar; an application title matching the relief; a sworn application meeting Estates Code § 1101.001 (identity data, the CPRC § 30.014 partial SSN and driver's license digits, facts why alternatives and supports and services are not feasible, nature of incapacity and rights to be limited, custodians, property values, agents under powers of attorney); proof of personal service on a proposed ward over 12 (§ 1051.103) and service or waivers on parents, conservators, spouse and the proposed guardian, mailed notice or waivers to adult children, siblings, facility administrators, agents and declared guardians; citation returned; ad litem motion, order and answer; a certificate of medical examination or DID; resident agent; JBCC registration and background check (fingerprints for liquid assets over $50,000 or non-residents); proof of service and affidavit of notice (§§ 1051.153, 1051.104); a proposed order and unsigned oath e-filed as separate lead documents; a fiat from the court's templates; the attorney's verification that everything is filed and accepted; and an e-mail to the court investigator once the hearing is set.
Checklist for Probating a Will as a Muniment of Title Four Years After Death (Bexar County Probate Court No. 2; September 1, 2022)
In addition to the requirements for an original will, a muniment application more than four years after death must be so titled, state the date of death and that more than four years passed, plead facts overcoming the default presumption, address Medicaid (no benefits after March 1, 2005, or MERP release, or death before 55, surviving spouse or child under 21), show citation returned and personal service or waivers on each heir (alternative service and an ad litem where an address cannot be found; notice to beneficiaries of any other admitted will), and e-file for review before requesting a hearing a proposed order as a separate lead document, unsigned proof of death, oath of no debts and statements of facts from two disinterested witnesses; the attorney provides the client the court's Guide for Muniment of Title and verifies that everything is filed and accepted.
Heirships & Administrations Checklist — attorney checklist and verification (Bexar County Probate Court No. 2; September 1, 2022)
For heirship: a sworn application under § 202.007, completed citation by publication with the publisher's and OCA affidavits, ad litem motion, order, answer and report, sworn waivers or certified-mail proof from all distributees 12 and older (§§ 202.051–.056), affidavit of service (§ 202.057), two disinterested witnesses (the court's definition: no interest in the estate or outcome and familiar with the family history; deposition on written questions if unavailable, § 51.203), unsigned witness testimony and proof of death e-filed for review, a separate proposed judgment with correct shares per the court's chart, ad litem fee and discharge (invoice and affidavit over $500), death certificate and the ad litem pink sheet. For administration: application, posted notice and return, sworn consent to independent administration (none with minors), proposed order with bond, unsigned proof of death and oath, and the attorney's confirmation that the client received the court's Guide for the Texas Independent Administrator or Court Instructions for Dependent Administrator. The attorney verifies all documents are e-filed and accepted before setting the hearing; a fiat from the court's templates is required.
Probating a Copy of a Will Checklist (Bexar County Probate Court No. 2; September 1, 2022)
Beyond the requirements for an original will (Estates Code § 256.156): the application and prayer must say a copy is offered, the copy tendered to the clerk, the application must explain why a copy is probated, the diligence to find the original and facts overcoming the revocation presumption; posting with the correct title; citation to all interested persons with personal service on heirs at law (§ 258.002; mail service 20 days before the return day, § 51.052) or sworn waivers acknowledging the right to contest; publication for transient, unknown-address or non-resident heirs; for a codicil copy, personal citation or specific waivers by the beneficiaries of the original will; proof of execution if the will is not self-proved (§§ 256.153–.154) and testimony that the copy is an exact duplicate; affidavits or live testimony of two disinterested witnesses on the heirs; proof of death and an order reflecting the copy, the diligence and the overcome presumption; statements of facts, unsigned affidavit, proof of death, oath and a separate proposed order e-filed before setting; attorney verification.
Joint Resolution Regarding Prioritization of Court Collections (Bexar County Courts at Law giving preference to criminal matters; July 2022)
Directs the County Auditor, CSCD and Court Collections to apply misdemeanor payments in a fixed order: for County Courts at Law 1, 2, 4, 5, 7, 8, 9, 11, 12, 13, 14 and 15 — family violence fee, then individual restitution, then monthly supervisory fees until current, then fines and court costs 50/50, then miscellaneous fees; for County Court at Law No. 6 — family violence fee, restitution, fines and court costs 50/50, then supervisory fees, then miscellaneous fees.
Administrative Order 2022-01 on Probate Court One Associate Judge's Orders (Bexar County Probate Court No. 1; April 1, 2022)
Orders signed by the Probate Court No. 1 associate judge under Government Code § 54A.209(16) are final under § 54A.214(a) or (b); the associate judge may render and sign orders directing the clerk to issue letters testamentary, of administration or of guardianship, and Health and Safety Code orders; the associate judge files a report listing all orders signed, which, if accepted and signed by the referring court, becomes part of the original orders, is maintained by the County Clerk and the referring court, and is forwarded as part of the clerk's record on appeal.
Standards for Approval of Attorney Fee Applications (Bexar County Probate Court No. 2; effective March 1, 2022)
Guidelines for attorney and fiduciary fees: court-approved hourly rates for a fiduciary's attorney by years practicing probate and guardianship law (up to $200 for 0–2 years through $375–400 for 17+), resumes with a first application; attorney ad litem and guardian ad litem fees (county-pay cases ordinarily $500–600 for the first three hours then $150 per hour; solvent estates ordinarily $500–600 for a typical appointment; invoice and affidavit for requests over $500); dual compensation for attorney-fiduciaries only on disclosure with segregated records ($50–75 per hour for fiduciary services); guardianship close-out fees (heirship in lieu of administration capped at $2,500); paralegal time at $50–110 with $25 credentials increments; billing in .1-hour increments, no block billing, descriptions and legends; application content, time-period titles and proposed orders with blank amounts; travel, no basic research, no fee-application preparation or clerk-call time, copies at up to $.15 per page, no fax charges; costs caused by misfeasance charged to the responsible party; applications held ten days for objections and decided on submission unless significant, and fee requests filed as applications, not claims.
Standing Order on Bond Conditions for Misdemeanor Family Violence Cases (Bexar County Courts at Law 1, 2, 4, 5, 6, 8, 11, 14 and 15; February 2022)
Directs Bexar County Pre-Trial Services and the magistrate judges conducting magistration that all bond conditions, such as GPS monitoring and no-contact orders, remain in effect for every bond posted by a defendant in a misdemeanor family violence case until final disposition, unless the court directs otherwise by waiver or modification.
Order Authorizing Criminal Magistrate to Issue Warrants for failure to appear for competency or sanity evaluations (2021 SO 02; May 17, 2021)
The county court judges authorize the Criminal Law Magistrate to issue warrants for defendants released on bond who fail to appear for court-ordered psychological, competency or sanity evaluations, and to order them held up to 21 days in the Bexar County Jail for evaluation.
Administrative Order 2021-01 on Personal Service in Estates of Decedents under Estates Code § 51.051(b) (Bexar County Probate Court No. 2; effective April 1, 2021)
Where personal service of citation or notice is required or requested on an individual who is in Texas in a decedent's estate, service must be made by the sheriff or constable unless a statute specifically provides otherwise — clarifying Estates Code § 51.051(b) (service by sheriff or constable when the person has no attorney of record or service on the attorney fails, absent non-residence or court-ordered substituted service under TRCP 106(b)).
Court Policy Regarding "Pro Se" Applicants (Bexar County Probate Court No. 1; September 10, 2020)
A self-represented person may not represent others: applicants for letters testamentary, letters of administration, determinations of heirship and guardianships of the person and estate must be represented by a licensed attorney (In re Guetersloh, Steele v. McDonald, Estate of Maupin); a non-lawyer may serve as executor, administrator or guardian only through counsel; a pro se may join the other heirs in a small estate affidavit, contest a will, guardianship or heirship on their own behalf, apply for safe-deposit-box entry or emergency intervention, or apply to probate a will as a muniment of title (contact the staff attorney).
Civil County Court Notice Regarding Required Information to be Included in All Fiats or Notices of Settings (Bexar County Courts at Law, Civil Division; September 2, 2020)
Effective immediately, every fiat or notice of hearing in the civil county courts must contain all the information designated in the document posted on the Bexar County Courts and County Clerk websites and in the Clerk's Civil Central filing office; existing settings had to be amended, and failure to supply the required information by noon the day before the hearing may result in the case not being assigned.
Administrative Order 2020-03 on E-Filing of Bonds and Bond Riders in Decedent's Estates and Guardianships (Bexar County Probate Courts; April 2020)
Adopts Presiding Statutory Probate Judge Guy Herman's Administrative Order 2020-5 (April 10, 2020): because TRCP 21(f)'s e-filing exceptions do not include bonds, a bond may be filed electronically with the clerk of a statutory probate court — so bonds and bond riders in decedents' estates and guardianships are e-filed.
A Guide for Muniment of Title — the court's instructions to muniment applicants (Bexar County Probate Court No. 2; revised January 20, 2020)
The court's guide, which counsel must give the client under the muniment checklist: muniment of title (Estates Code Chapter 257) suits testate estates with no debts other than real-estate liens and no Medicaid claim; the process (application, ten-day posting, hearing with a witness signing a proof of death and oath of no debts, order, certified copies filed with the county clerk for real property); unless waived, the applicant's sworn affidavit of fulfilled and unfulfilled terms must be filed before the 181st day after the will is admitted (§ 257.103); Medicaid benefits received on or after March 1, 2005 require proof the estate is not subject to a MERP claim; the applicant acknowledges receipt of the instructions.
Standing Orders of the Bexar County Criminal District Courts — the registered compilation (escorting of jurors after hours, 2019; grand jury summons to federal agencies, 2001; HIPAA trial subpoenas, 2012; referral of contraband-disposition matters to the Criminal Law Magistrate, 2011)
Four historical standing orders registered together: (1) Special Order 72472 (December 11, 2019) directing the Sheriff's Department and Court Security to use the Cadena Reeves Justice Center sally-port exit when escorting jurors and the public after hours; (2) Special Order 35751 (October 5, 2001, with its six-page opinion) authorizing grand jury summons to federal agencies under the Privacy Act exceptions; (3) Special Order 64807 (February 1, 2012) attaching a HIPAA standing order to the Criminal District Attorney's trial subpoenas to covered entities; and (4) the August 18, 2011 Joint Order of Referral sending all Article 18.18 disposition-of-contraband matters to the Criminal Law Magistrate unless a district court retains them. Items (2) and (3) have since been re-entered and combined by the July 2023 Standing Order Regarding Subpoenas (TOPICs doc 1488); item (4) is the operative referral for contraband dispositions, and item (1) directs court security rather than litigants.
Administrative Order 2019-02 on the Form for Small Estate Affidavits — Bexar County's required Small Estate Affidavit and order (Bexar County Probate Courts; effective September 1, 2019)
Every small estate affidavit filed on or after September 1, 2019 for consideration by the Bexar County Probate Courts must be submitted on a proposed form and order in substantial compliance with the eight-page affidavit and two-page order attached to the administrative order and posted on the probate court website, with all blanks filled in accurately: the affidavit's sworn statements A–H (death, 30 days elapsed, domicile, no will, no administration, assets of $75,000 or less excluding homestead and exempt property, solvency, Medicaid status with MERP certification), the asset and liability charts (I, J), the family-history sections (K), the heirs-and-shares chart that everyone must complete (L), the boxed oath on every distributee signature page, and two disinterested-witness affidavits; the order form approves the affidavit, directs payment to adult heirs and deposit of minors' shares into the court registry under Estates Code Chapter 1355.
Decorum Order — Bexar County Civil District Courts (Special Order No. 72116; signed August 28, 2019)
No litigant or other person with business in the civil district courts or their staff offices (District Clerk, Staff Attorney's Office, Children's Court, Family Drug Court, Early Intervention Program, Domestic Relations Office, Law Library and the courts' bailiffs) may use threatening, harassing or profane language or racial, ethnic, gender-related or religious slurs; all must be courteous and professional to judges and staff, must leave immediately when told to by a judge, bailiff or supervisory staff, and are warned that threats against judges or staff (verbal, written, social media or email) will be reported to the District Attorney; violations may draw a show-cause order before the Presiding Civil District Court and contempt (up to six months' jail and $500 per violation under Government Code § 21.002); the order is posted in every civil district court and staff office.
Court Policy Regarding "Pro Se" Applicants (Applicants without a Lawyer) (Bexar County Probate Court No. 2; August 12, 2019)
A pro se may not represent others: applicants for letters testamentary, letters of administration, determinations of heirship and guardianships of the person or estate must be represented by a licensed attorney (In re Guetersloh; Steele v. McDonald); a non-lawyer may serve as executor, administrator or guardian only through counsel because a fiduciary represents beneficiaries and creditors; drafting pleadings as a fiduciary without a license is the unauthorized practice of law; the heirs together may file a small estate affidavit in the limited situations where one is appropriate (see the court's Small Estate Affidavit Checklist).
Small Estate Affidavit Checklist with Texas descent-and-distribution charts (Bexar County Probate Court No. 2; updated January 18, 2019; duplicate registration 443; Spanish edition 450)
What a small estate affidavit under Estates Code Chapter 205 must show to be approved in Probate Court No. 2: use of the court's required SEA form; a death certificate; filing no sooner than 30 days after death; residence in Bexar County or venue facts; no will and no administration; every asset listed with a value (none "unknown"), community/separate facts for married decedents and exempt-property designations; total assets of $75,000 or less excluding homestead and exempt property; real property transferable only as homestead to the spouse or minor children homesteading with the decedent; every liability listed; solvency; Medicaid disclosure with MERP certification or proof no claim will be filed; complete family history and all heirs with correct shares in separate personal, separate real and community property per the attached charts; minor heirs' shares into the court registry until 18; signatures of every distributee (guardians and personal representatives with proof of authority; missing or deceased-without-representative heirs require an heirship application) and two disinterested witnesses; hearings only if the court asks. Pages 5–7 chart Texas intestate succession for married and unmarried decedents with and without descendants.
Standing Order Regarding Child(ren), Property and Conduct of Parties in Divorce and Suits Affecting the Parent-Child Relationship (Bexar County Civil District Courts; signed August 27, 2018)
The order that attaches to every divorce petition and every SAPCR petition filed in Bexar County and takes effect on filing as a temporary restraining order renewed every fourteen days until a temporary injunction or, if uncontested within fourteen days, continues as a temporary injunction until final order: no removing children from Texas, changing schools or residence, hiding children, disturbing their peace, disparaging the other party's family, discussing the litigation with them, using illegal controlled substances within 12 hours of possession, or (in an original divorce) romantic overnight guests during possession (10 p.m.–7 a.m.); no vulgar or threatening communications, harassing calls or mail diversion; in divorces, preservation of property and funds (no transfers, new debt, withdrawals, retirement borrowing, endorsing the other's name, cancelling cards, taking the other's vehicle, reducing tax withholding, cutting utilities, intercepting communications or excluding the other party from their residence), preservation of records, and no changes to insurance; expenditures authorized for usual business, attorney's fees and reasonable living expenses; protective orders prevail; parties encouraged to mediate; bond waived; and parents of minor children must attend the Helping Children Cope with Divorce family stabilization program within 60 days of filing.
Standard Joint Order for Discovery of Breath Test Records for Intoxilyzer 9000, adopted by the County Courts at Law giving preference to criminal matters (2018 SO 06; re-adopted August 29, 2023)
The uniform Article 39.14 order for DWI breath-test discovery in the criminal county courts at law: on signature in a case the State must produce electronic copies of the Intoxilyzer 9000's Instrument Certificate File, Solution File (AutoCal and simulator solution certifications, ethanol expiration records), database report (six months before through one month after the test), Maintenance File, NIST traceability and thermometer-calibration records, technical-supervisor–DPS communications (six months before through two months after), the simulator-solution protocol, the data-management software manual, software-update records, the operator's history file and certificate, the technical supervisor's certificate, unpublished operating policies, DPS annual inspection reports for a year before and after, and the raw .xls data, with copy and labor charges capped by Government Code Chapter 552 subchapter F rates and an itemized estimate when charges exceed $40.
A Guide for the Texas Independent Administrator — the court's instructions to the fiduciary (Bexar County Probate Court No. 2; revised September 1, 2017; Spanish edition registered as doc 451)
The court's instructions to an independent administrator in an intestate estate: qualify by oath (and any bond) within 20 days; order letters from the probate clerk; publish notice to creditors within 30 days and mail certified notice to secured creditors within two months, filing proof; file an inventory, appraisement and list of claims or an affidavit in lieu of inventory within 90 days; keep estate funds separate, collect claims, allow or reject presented claims; the court will not ratify the administrator's actions; close by distributing to the heirs under the order declaring heirship after debts and taxes are paid, on the attorney's advice.
A Guide for the Texas Independent Administrator with Will Annexed — the court's instructions to the fiduciary (Bexar County Probate Court No. 2; revised September 1, 2017; Spanish edition registered as doc 448)
The court's instructions to an independent administrator with will annexed: qualify by oath (and any bond) within 20 days; order letters from the probate clerk; publish notice to creditors within 30 days and mail certified notice to secured creditors within two months, filing proof; give statutory notice to will beneficiaries within 60 days and file the affidavit or certificate of notice within 90 days (separately, or with a combined title); file an inventory, appraisement and list of claims or, if only secured debts, taxes and expenses remain unpaid, an affidavit in lieu of inventory within 90 days ($1,000 fine for misrepresentation for decedents dying on or after September 1, 2017); keep estate funds separate, collect claims with ordinary diligence, allow or reject presented claims; the court will not ratify the independent administrator's actions; close by distributing after debts and taxes are paid on the attorney's advice.
A Guide for the Texas Independent Executor — the court's instructions to the fiduciary (Bexar County Probate Court No. 2; revised September 1, 2017; Spanish edition registered as doc 449)
The court's instructions to an independent executor: qualify by oath (and any bond required by the will or court) within 20 days; order letters testamentary; publish notice to creditors within 30 days and mail certified notice to secured creditors within two months, filing proof; give statutory notice to beneficiaries within 60 days of probate and file the affidavit or certificate within 90 days; file an inventory, appraisement and list of claims or an affidavit in lieu of inventory within 90 days ($1,000 fine for misrepresentation); keep estate funds separate; collect and handle claims; the court will not ratify the executor's actions; close by distributing under the will after debts and taxes are paid, on the attorney's advice.
Court-Ordered Instructions for a Dependent Administrator/Executor (Bexar County Probate Court No. 2; September 1, 2017)
Fifteen court-ordered duties a dependent administrator or executor swears to before appointment: consult the attorney, notify the court of address changes, file oath and bond within 20 days, publish creditor notice within 30 days and mail secured creditors within two months, notify will beneficiaries within 60 days, file the inventory within 90 days, file annual accounts within 60 days after each anniversary of qualification, keep estate business separate, hold funds in insured estate accounts with excess in interest-bearing accounts, obtain court orders before expenditures and before selling or disposing of non-cash assets, keep records, preserve and insure assets, file a final account and close within three years, and get court permission to move or be absent from Texas more than three months; the applicant swears to the instructions before a notary and the attorney certifies having discussed the responsibilities.
Amended Standing Discovery Order on Copying and Production of Blood Testing Records, adopted by the County Courts at Law giving preference to criminal matters (2017 SO 03; re-adopted August 29, 2023)
The uniform blood-test discovery order for the criminal county courts at law: the District Attorney's Office and its forensic laboratory must digitally produce 29 categories of records (accreditation certificates and audits, laboratory policies and calibration-curve procedures, validation studies, standards and controls in the batch, refrigeration logs, proficiency testing, balance and pipette QC, personnel training records, maintenance records, instrument identity and consumables, t0 time, calibration curve and chromatograms, batch sequence logs, machine parameters, case records and bench notes, vial identification, uncertainty measurement, chain of custody, quality action plans, an inspection opportunity, and mass-spectrometer library, hit-list and tune reports) within 60 days of signature or by agreement; the order is continuing (48-hour supplementation), Brady and Rule 3.09(d) material must be produced the day it is discovered, and unproduced items and testimony about them may be excluded at a pretrial hearing.
Standing Pretrial Order Concerning Bexar County Commercial Hail Claims (Bexar County Civil District Courts; signed November 30, 2016)
In commercial property insurance suits arising from the April and May 2016 Bexar County hail storms, the civil district courts' standing order abates the case automatically when the commercial insurance carrier answers, until 30 days after a mediation impasse (court-ordered and Rule 190 discovery deadlines pause; the order's own deadlines and statutory deadlines, interest and penalties do not; written discovery may be served but responses fall due 30 days after the abatement ends). The parties must file an Agreed Mediation Order, in the attached form, within 120 days of the answer and a proposed Agreed Scheduling Order within 15 days of an unsuccessful mediation; within 120 days of the answer they exchange the listed claim, policy, adjusting and underwriting materials (business-loss accounting within 180 days), the carrier must tell the independent adjuster to preserve claim notes and emails, and privilege logs follow the TRCP. Reports and estimates obtained for mediation are confidential to that lawsuit unless part of the claims file or later relied on by a testifying expert; the carrier may inspect before mediation and re-inspect after. The order is posted on the District Clerk's website and must be attached to the original petition; relief from any part requires a hearing. The attached Agreed Mediation Order requires attendance by counsel, individual parties (adjusters and insurer employees excepted when a representative with full authority attends) and a representative of each entity party, with the mediation fee split equally.
Administrative Order 2016-01 on Application for Guardian's Compensation in Excess of the Statutory Commission (Bexar County Probate Courts; effective June 1, 2016)
An applicant asking the court to deem a guardian's statutory commission unreasonably low under Estates Code § 1155.006 must, in separately numbered paragraphs, detail the factual basis for ten factors (time and labor shown by detailed time entries, novelty and complexity of the medical or financial issues, amount requested and source of payment, whether the ward receives Medicaid and has an applied income, time limitations, relationship to the ward, other paid professional assistance, preclusion of other employment, estate value and asset type, and the ward's location and placement or medical issues) and must provide a calculation of the statutory commission under §§ 1155.002 and/or 1155.003 and 1155.006; private professional guardians, attorneys, financial institutions and others serving as guardian are paid a commission, not an hourly rate.
Administrative Order 2016-02 on Application for Trustee's Request for Compensation to be Deemed Unreasonably Low (Bexar County Probate Courts; effective June 1, 2016)
A trustee of a court-created management trust (Estates Code § 1301.101) seeking compensation above the guardian-commission formula must, in separately numbered paragraphs, detail the factual basis for twelve factors (time and labor shown by detailed time entries, novelty and complexity of the financial issues, amount and source of payment, Medicaid and applied income, time limitations, relationship to the beneficiary, other paid assistance, preclusion of other employment, estate value and asset type, the ward's location and trust-management issues, the additional services of a corporate fiduciary, and the benefit to the court of a corporate trustee) and provide a calculation of the statutory commission under §§ 1155.002 or 1155.003 and 1155.005.