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When a lost will or codicil is offered for probate, the court appoints an attorney ad litem for unknown or disabled heirs whenever a full or partial intestacy would otherwise result (not when a valid original codicil republished the lost will), the applicant deposits ad litem funds and supplies copies for the ad litem, the clerk attaches the court's Notice of Application to every § 258.002 citation, every devisee and every heir (or, for a lost codicil, the original will's beneficiaries) is personally served or signs an affidavit waiving citation, and a waiver affidavit must itself recite all the points of the notice; the court's sample affidavit is preferred but not mandatory.
Applies to applications to probate a copy of a lost will or codicil, or a lost will or codicil without a copy, in the Aransas County Court at Law (Judge Richard P. Bianchi); attached as Exhibit A to the Court's Rules of Court (Rule 3.10). Procedural information only; not legal advice.
RULES OF COURT ARANSAS COUNTY COURT AT LAW The following local rules governing the practice in the Aransas County Court at Law (hereinafter referred to as “the Court”) have been adopted. The County Clerk and the District Clerk of Aransas County shall publish these Rules on the Office of Court Administration’s website and make available to each attorney practicing in the Court. I. JUDICIAL ADMINI
Reviewer note: Composed 2026-09-07 from the TOPICs custody file (Exhibit A, six pages: five text-layer pages read in full; the image-only third page — ordering paragraphs 4–6, the footnote and Judge Bianchi's signature dated June 21, 2023 — read through the vision lane). Single current signer — judge-joined. The order's first amended edition and the 2005 original are not registered; the notice and the sample affidavit are transcribed as registered (blanks shown as ___). [TRANSCRIBED BY EYE 2026-09-21 (corpus-0920 P12): every page of the registered file (sha256 1d87eb5b7aa4..., 32 page(s), partly scanned file; native pages taken from the text layer, scanned pages typed from the render) read against the rendered file; verbatim, source typos kept, stamps/signatures bracketed; the earlier abstract replaced by the full instrument; confidence high. benchpath-tx-corpus0920-p12-2026-09-21]
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.
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