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The Brazos County Courts at Law policy on pro se (self-represented) applicants: a person may represent themselves but a pro se may NOT represent others — under Texas law only a licensed attorney may represent third-party individuals or entities, including guardianship wards and probate estates (Steele v. McDonald, 202 S.W.3d 926). Applicants for letters testamentary, letters of administration, heirship determinations, and guardianships of a person or estate must be represented by a licensed attorney; a pro se may proceed only when truly representing only themselves.
Texas > Brazos County > County Courts at Law (probate/guardianship) — self-represented applicants.
COUNTY COURTS AT LAW OF BRAZOS COUNTY, TEXAS Court Policy Regarding "Pro Se" Applicants (Applicants without an Attorney) People who represent themselves in court are called "pro se" or "self-represented" litigants. You are not required to have a lawyer to file papers or to participate in a case in court. You have a right to represent yourself. However, a pro se may not represent others. Under Texas law, only a licensed attorney may represent the interests of third-party individuals or entities, including guardianship wards and probate estates. See Steele v. McDonald, 202 S.W.3d 926 (Tex. App. - Waco, 2006), and the authorities cited in that opinion. Therefore, individuals applying for letters testamentary, letters of administration, determinations of heirship, and guardianships of a person or estate must be represented by a licensed attorney. The only time a pro se applicant may proceed in court is when truly representing only him or herself. Frequently Asked Questions Q: What is a pro se? A: A pro se is an individual who has not hired a lawyer and appears in court to represent himself and no other person or entity. Q: Can I still serve as an executor, administrator, or guardian even though I'm not a lawyer? A: Yes. One need not be a lawyer to serve as an executor, administrator, or guardian. However, the executor, administrator, or guardian must be represented by counsel. Q: But I'm the only one that needs letters testamentary. As executor, how would I be representing the interest of others? A: As executor of a decedent's estate, you don't represent only yourself. An executor represents the interests of beneficiaries and creditors. This responsibility to act for the benefit of another is known as a fiduciary relationship. It gives rise to certain legal obligations and responsibilities that require legal expertise. The attorney you hire represents you in your capacity as executor and assists you in representing those for whom you are responsible. Q: If I get the paperwork from a law library or the Internet, can I fill it out and file it? Isn't that what lawyers do? A: Lawyers don't just fill out forms. Lawyers (1) determine what method of probate or guardianship is appropriate in a particular situation, (2) create or adapt any necessary paperwork, and (3) advise the client about the ongoing responsibilities of a fiduciary. Unless you are a lawyer, creating legal pleadings while acting as a fiduciary would constitute the unauthorized practice of law. Q: As a pro se, what can I do on my own? A: The only proceedings you can handle as a pro se are those in which you truly would be representing only yourself. For example, a pro se applicant may probate a will as a muniment of title when he or she is the sole beneficiary under the will, and there are no debts against the estate other than those secured by liens against real estate. This procedure can be a viable option in some situations, but not in others. Whether a muniment of title is the correct probate procedure for a particular situation is a legal decision best made by a lawyer. Q: What procedures should I follow if I want to probate a will as a muniment of title as a pro se applicant? A: As stated above, whether a muniment of title is the correct probate procedure for a particular situation is a legal decision best made by a lawyer; court staff cannot guide you or advise what you should do in your case. If you decide to proceed with your case without an attorney, the County Law Library has reference materials that may be helpful. Note the following: (1) To probate a will as a muniment of title, each applicant must be able to swear on personal knowledge that there are no debts against the estate other than those secured by liens against real estate. Anyone falsely swearing that the estate has no creditors — including Medicaid estate recovery — is subject to a perjury charge. (2) In a pro se application to probate a will as a muniment of title, all beneficiaries under the will must be applicants and all beneficiaries must testify at the hearing. (3) The will being offered for probate must be signed original, or you will need to follow the additional procedural requirements for probating a copy of a will. (4) The will must be "self-proved", or you will need to follow additional procedural requirements for proving up a will in court. Many thanks to Judge Hermann and the Travis County Probate Court from whom this document is derived.
COUNTY COURTS AT LAW OF BRAZOS COUNTY, TEXAS Court Policy Regarding "Pro Se" Applicants (Applicants without an Attorney) People who represent themselves in court are called "pro se" or "self-represented" litigants. You are not required to have a lawyer to file papers or to participate in a case in court. You have a right to represent yourself. However, a pro se may not represent others. Under Texa
Reviewer note: Image-only registration (3 pages) read through the vision lane; operative policy quoted verbatim. Composed benchpath-ajr2-brazos. [TRANSCRIBED BY EYE 2026-09-21 (corpus-0920 P12): every page of the registered file (sha256 095ad7b49481..., 3 page(s), image-only scan; the OCR layer used as a typing base and corrected word by word from the page) 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]
Standing order of the 109th Judicial District Court for every pending or later-filed case in Andrews, Winkler and Crane Counties: any attorney or self-represented litigant who uses any form of artificial intelligence for legal research or drafting in a case must, before using AI-generated information in a court submission or proceeding, sign and submit the court's certification form stating that all language, quotations, sources, citations, arguments and legal analysis created or contributed to by generative AI were verified as accurate by a human through traditional (non-AI) legal sources, and acknowledging responsibility and potential sanctions for their or their co-counsel's failure to comply. Effective immediately; in effect until rescinded or replaced.
Standing order of the 109th Judicial District Court for every pending or later-filed case in Andrews, Winkler and Crane Counties: any attorney or self-represented litigant who uses any form of artificial intelligence for legal research or drafting in a case must, before using AI-generated information in a court submission or proceeding, sign and submit the court's certification form stating that all language, quotations, sources, citations, arguments and legal analysis created or contributed to by generative AI were verified as accurate by a human through traditional (non-AI) legal sources, and acknowledging responsibility and potential sanctions for their or their co-counsel's failure to comply. Effective immediately; in effect until rescinded or replaced.