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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.
ADMINISTRATIVE ORDER — IN THE COUNTY COURT AT LAW OF ARANSAS COUNTY, TEXAS. SECOND AMENDED ADMINISTRATIVE ORDER REGARDING NOTICE REQUIREMENTS FOR AN APPLICATION TO PROBATE A COPY OF A LOST WILL OR A LOST WILL WITHOUT A COPY. In January 2005, this Court found there was a need for an administrative order regarding notice to interested parties when an application is filed to probate a copy of a lost
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 ___).
2 verbatim requirements from 4th Circuit Administrative Order 1986-33A.
1 verbatim requirement from 4th Circuit Administrative Order 1987-09.
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