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The two probate courts' guide for intestate matters on the uncontested docket (Version 09.24; Presiding Judges David W. Jahn and Christopher J. Everett): complete the website prove-up checklist; Zoom hearings allowed if all counsel agree; in every heirship the court automatically appoints an attorney ad litem once the deposit is posted (contact the court if none within two weeks) and the ad litem must attend; a compliance docket is set 90 days after the appointment; heirship and administration are pleaded in one application (an independent administration cannot be heard before the heirship, a dependent administration opened first must have its heirship within 60 days, no independent administration where any heir is a minor, no administration more than four years after death except rarely), with every distributee's consent to independent administration and bond waiver, preferably folded into the waivers of citation; the application must contain every § 202.005 and § 301.052 element, verified under § 202.007, with the heirs' information preferably in a chart giving each heir's interest in separate personal, separate real and community property as finished fractions and, when administration is sought, children's birth dates marked as sensitive data; posted citation on all applications, citation by publication in a local paper and the OCA website with both publishers' affidavits e-filed before the hearing is set, service on or waiver by every non-applicant adult heir (no private process servers in Texas without a motion; certified-mail citation valid only with the addressee's signature), minor-heir rules by age and filing date, and a § 202.057 certificate or affidavit; all oral testimony is reduced to writing prepared in advance and signed before the judge — a proof of death and other facts (no citation recitals) and statements of two disinterested witnesses on the heirs; the judgment includes a chart of all heirs, relationships and interests.
Texas > Denton County > Probate Courts Nos. 1 and 2 — attorneys presenting determinations of heirship and administrations on the uncontested docket.
"1. PRE-HEARING • Complete prove-up checklist located on the Courts' website. • If all counsel agree then the Court will allow Zoom hearings … • Attorney Ad Litem - In every determination of heirship, the Court will automatically appoint an AAL to represent the decedent's unknown heirs and, if any, known heirs whose whereabouts are unknown and known heirs suffering legal disability. See EC §202.009. You do not need to request the appointment of the AAL. Contact the court if no ad litem has been appointed within two weeks after the posting of the AAL deposit. You must post the deposit before an attorney ad litem is appointed by the Court. The attorney ad litem's presence is required at the hearing. • Compliance Docket Setting – … you will be set on a compliance docket 90 days after the appointment of the AAL to have a final hearing scheduled with the Court. … 2. APPLICATIONS • Heirships & Administrations o If an administration is needed, the Court strongly prefers that an application for the determination of heirship also contain an application for administration, either independent or dependent. Under EC §401.003(b), a hearing for an independent administration cannot be held before an heirship hearing. If it is necessary to begin administration before a determination of heirship proceeding can be held, the only option given EC §401.003(b) is a dependent administration. In that case, the Court requires that the heirship proceeding take place no more than 60 days after the dependent administration is opened, except in unusual situations. o If any heirs are minors, the Court will not grant an independent administration when a decedent dies intestate. … o If the decedent died more than 4 years before the application will be filed, the applicant cannot request an administration (except in rare cases). … Required consents: • If the applicant requests an independent administration, the consent of every distributee is required. EC §401.003. The distributees must also consent to any waiver of bond. EC §401.005. The Court encourages lawyers to incorporate the consents of non-applicant distributees into the waivers of citation … • Application for Determination of Heirship o Statutory Requirements. The Court does check to see that all statutorily required information is included in the application, and the Court will require an amended application if required information is missing and the mistake cannot be corrected by adding information in the proof of death or the judgment. … o Affidavit. Estates Code §202.007 requires that the application be supported by each applicant's affidavit verifying the application. … o Information about Decedent's Heirs (preferably in chart form). … • the true interest of the applicant and each of the heirs in the decedent's estate o … When the decedent leaves a surviving spouse, interests must be given for all types of property, whether or not you think there is any – that is, give shares for separate personal property, separate real property, and community property. Fractional interests should be indicated by fractions rather than percentages. Please finish-out the fractions as well. … 3. CITATIONS IN HEIRSHIPS … o Posted Citation. A posted citation is required on all Applications for Heirship and Administration. You will need to request this from the County Clerk. … o Citation by publication. The Estates Code requires citation by publication in all heirship proceedings. … Although the Clerk prepares the citation, in Denton County it is the attorney's responsibility to secure publication in one of the local general-circulation papers and to obtain an affidavit of publication executed by both publishers. The Clerk will submit the citation to the OCA website. The publisher's affidavits – with the newspaper clipping – must be e-filed before the hearing is set. … o Adult Non-Applicant Heirs. All adult non-applicant heirs must be served with citation unless they have executed valid waivers of citation or have made an appearance in the case. … o Personal Citation – the Code does not permit the use of private process servers for citation on heirs within the State of Texas – Estates Code Section 51.051 (b)(1). NOTE: If you are requesting to serve an heir with private process server in the State of Texas then you must file a motion for alternative or substituted service with the Court. o Citation by certified mail. … NOTE: The citation is not valid unless the signature on the delivery receipt is the signature of the person being served. If it is not, citation must be redone. o Service on Minor Heirs o Heirs Younger than 12 years of age – Citation can be served on the parent, managing conservator, or guardian. … o Heirs between 12-17 years old – For applications filed prior to September 1, 2023, the Court requires that minors aged 12 through 17 must either (1) be personally served with citation or (2) attend the heirship hearing. … However, for any application filed on or after September 1, 2023, heirs aged 16 or older may waive citation (EC §202.056(a)) and a natural parent or guardian of a minor younger than 16 years of age may waive citation on behalf of the minor … o Section 202.057 certificate or affidavit and required back-up. Estates Code §202.057 requires that the applicant file: o copies of all required citations along with proof of service, and o a sworn affidavit from the applicant – or a certificate signed by the applicant's attorney – stating that all required citation was served … 4. DOCUMENTS THAT REDUCE THE EXPECTED TESTIMONY TO WRITING — NOTE: Under Estates Code §202.151, the Court requires all oral testimony in a heirship proceeding to be reduced to writing and subscribed and sworn to by the witnesses after the hearing. Therefore, you should prepare written testimony in advance, as described below. The witnesses will sign their testimony before the judge. Section 202.151 presupposes live testimony, and the Court strongly prefers live testimony. Please do not file signed proofs or statements of fact before the final hearing. … DO NOT include in the POD any language regarding citation. … o Statements of facts concerning the identity of heirs, for each of two disinterested witnesses. The Court requires testimony of two disinterested witnesses regarding the identity of decedent's heirs. … Instead of the notary's signature block, use a signature block for the judge. Include a statement that the witnesses are disinterested. … 5. HEIRSHIP JUDGMENT. o The judgment filed with the Court shall include a chart with the names of all heirs, their relationship to the decedent, and their interest in the estate."
"1. PRE-HEARING • Complete prove-up checklist located on the Courts' website. • If all counsel agree then the Court will allow Zoom hearings … • Attorney Ad Litem - In every determination of heirship, the Court will automatically appoint an AAL to represent the decedent's unknown heirs and, if any, known heirs whose whereabouts are unknown and known heirs suffering legal disability. See EC §202.00
Reviewer note: Own-site document (text layer, 9 pp, 19,958 chars) read in full 2026-09-06; the courts' requirements quoted verbatim by section with statutory explanations abridged; dated 'Version 09.24' (recorded as effective the first day of that month); a joint instrument signed by both presiding judges → one county-level probate rule (court-less). Composed benchpath-ajr8-denton (own-site lane).
G-2026-045-SC required anyone using generative AI to disclose it on the face of the filing and add a scripted certification, on pain of striking, denial of relief or monetary penalties. Rule 2.515(d)(2) and AOSC26-12 preempted it on June 15, 2026, so it could not be enforced — and by August 16, 2026 the Seventh Circuit had removed the order from its published register (no rescission instrument appears there). BenchPath holds the hashed capture as the historical record.
3 verbatim requirements on divisional requirements in ANDREW L. SIEGEL's division.