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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.
Applies to attorneys setting late muniment-of-title applications for hearing in Bexar County Probate Court No. 2 (Judge Veronica Vasquez). Procedural information only; not legal advice.
CHECKLIST FOR PROBATING A WILL AS A MUNIMENT OF TITLE FOURS YEARS AFTER DEATH Procedures: In addition to meeting all criteria to probate an original Will, the following must be included when probating a Will after Four Years. Once the checklist is fully completed, the applicant’s attorney can set this matter for hearing. FIAT is required, please use one of the templates attached. Please cross thro
Reviewer note: Composed 2026-09-08 from the TOPICs custody file (two pages; native text layer read in full; the title's "FOURS YEARS" is the instrument's own typo).
Judge Wolfe enforces AO S-2024-062(28)(A) with teeth: every pretrial motion in a case transferred to TD-3 must be scheduled and heard by the original transferring judge — failure to do so timely is deemed a waiver.
Judge Rice mirrors the F-division waiver with an exception: all motions other than motions in limine must be filed AND heard before the Pretrial Conference or they are waived; limine motions must at least be filed by then.
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