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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.
[Seal of Denton County, Texas] Denton County Probate Court No.1 Judge David W. Jahn Denton County Probate Court No.2 Judge Christopher J. Everett 3900 Morse St. Suite 100 Denton, TX 76208-4524 The Uncontested Docket: When a Client Dies Without a Will – The Denton County Probate Courts Policies and Positions on Heirships and Administrations Counselors, Two important caveats as you review this guide. First, the guide is not intended as a substitute for your legal expertise. For example, although the guide includes selected pleading tips for different probate proceedings, it does not address which proceeding is appropriate given your client’s situation. Although the most common proceedings involving intestacy are addressed in this guide, other possibilities are not included (e.g., Small Estate Affidavits under Texas Estates Code Chapter 205, which could be the most cost-effective proceeding for an intestate decedent if the statutory requirements are met). Second, this guide is not a substitute for the Texas Estates Code. Everything in this guide is consistent with the Texas Estates Code, but this basic guide makes no pretense about being comprehensive. Respectfully, David W. Jahn, Presiding Judge, Probate Court No. 1 Christopher J. Everett, Presiding Judge, Probate Court No. 2 1. PRE-HEARING • Complete prove-up checklist located on the Courts’ website. • If all counsel agree then the Court will allow Zoom hearings as the Court desires the best possible witnesses and typically those witness may reside out of county. • 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 – The Courts are very conscious of moving cases forward after the heirship application is filed, and 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. The Purpose is to ensure that the case is moving forward for your clients and that the AAL is conducting their investigation. 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. A dependent administration is the only option when minor heirs are involved and an administration is needed. 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). See EC §§202.006 & 301.002. o For a determination of heirship plus administration, file one application titled “Application for Determination of Heirship and Letters of [Independent, if applicable] Administration.” Remember that there are two sections of the Estates Code that set out what must be included in the application. The requirements for an heirship application are set out in §202.005, and the requirements for an application for letters of administration are found in EC §301.052. If applicable in an independent administration, the application should also request that bond be waived. ▪ 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, thereby reducing the number of documents that must be executed and e-filed. To have an independent administration without bond, each consent must: o specifically consent to an independent administration, requesting that no other action shall be had in the court in relation to the settlement of the decedent’s estate other than the return of an inventory, etc.; o designate “x” as independent administrator (and waive own right to serve); o waive bond, if that’s what the application requests; and, o if combined with the waiver of citation – as preferred – include that language as well. If requesting power of sale, that request can be included in the consents. NOTE: Please visit the Court’s website for an example form of a waiver of consent and advisability and agreement to an independent administration. See Court’s website for suggested form (Probate Documents & Forms | Denton County, TX). • 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. See EC §§202.004-202.005 and – if seeking administration – also see EC §§202.006 & 301.052. ▪ Heirship Application Requirements (EC §202.005(3)) • the name of the decedent (sufficiently similar to the death certificate that the Court knows it is the same person) • the date and place of death o check if the date or place of death is not definitely known to the applicant, set out all the material facts and circumstances within the knowledge and information of the applicant that might reasonably tend to show the date or place of death o check if the date or place of death given in the application does not match the death certificate, you must explain any differences • needed information about decedent’s heirs (See below “Information About Decedent’s Heirs”) • a statement that all children born to or adopted by the decedent have been listed, • a statement that each marriage of the decedent has been listed with o check the date of the marriage o check the name of the spouse o check if the marriage was terminated, the date and place of termination NOTE: if you’re seeking administration, the application must also explicitly state whether the decedent was ever divorced and, if so, when and from whom. o check any other facts that show whether a spouse has an interest in the property of the decedent, including any common-law spouse • whether the decedent died testate and, if so, what disposition has been made of the will • a general description of all property belonging to the estate of the decedent or held in trust for the benefit of the decedent NOTE: if you’re seeking administration, the application must also include a statement of the property’s probable value. • an explanation for the omission of any of the above information that is not included in the application ▪ Administration Application Requirements • the applicant’s name and domicile • the last three numbers of the applicant’s driver’s license number and social security number, if applicable • the applicant’s relationship to the decedent, if any • if known by the applicant at the time the applicant files the application, the last three numbers of the decedent’s driver’s license number and social security number NOTE: “If an applicant does not state the last three numbers of the decedent’s driver’s license number or social security number . . ., the application must state the reason the numbers are not stated.” EC §301.052(b). • facts necessary to show that this court has venue - do not simply state that “this court has jurisdiction and venue” • a statement that a necessity exists for administration of the decedent’s estate and an allegation of the facts that show that necessity (or, under EC §202.006, you may request that the court determine whether there is a need for administration) • a statement that the applicant is not disqualified by law from acting as administrator o Affidavit. Estates Code §202.007 requires that the application be supported by each applicant’s affidavit verifying the application. That section sets out the necessary language. o Information about Decedent’s Heirs (preferably in chart form). The following information about decedent’s heirs must be included. See EC §202.004 (all heirship cases) and §301.052 (if also seeking administration). The Court prefers that the information be set out in chart form. ▪ Here’s the information that must be included about the heirs in all heirship applications: • the name of each of decedent’s heirs • the physical address where service can be had on each of decedent’s heirs • the relationship of each heir to the decedent o If there is a surviving spouse, the relationship information for each child or descendant of the decedent must also indicate who the other parent is. For decedents dying on or after 9/1/1993, the distribution of community property differs depending on whether all surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse. See EC §201.003. • whether each heir is an adult or a minor • the true interest of the applicant and each of the heirs in the decedent’s estate o See EC chapter 201 and the charts and graphs located on the Courts’ website. 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. For example, do not put “1/3 of 2/3 of the separate personal property.” Rather, the Court prefers that you use the fraction “2/9.” (If you want to also include information about how you got to the final fraction, that’s fine.) • Include the following additional information about the heirs when seeking an administration: o the birth date and place of birth of each child that was born to or adopted by the decedent ▪ If you are requesting administration and any heir is a child born to or adopted by the decedent, the Estates Code (§301.052(7)) requires that you include the child’s birth date in the application. Because inclusion of the birth date is required by statute, TRCP Rule 21c(b) does not prohibit the application being filed with the un-redacted birth date, even if the heir is a minor. But TRCP Rule 21c(d)(1) does require that you designate the document as containing sensitive data. ▪ On the other hand, do not include birth dates of any minor heirs who are not children born to or adopted by the decedent (for example, a grandchild of the decedent). Because the statute does not require that you include the birth dates for these heirs, TRCP Rule 21c requires that the information not be given if the heir is a minor. o What if some of the information is not definitely known by the applicant? If the date or place of death or the names or residences of all the heirs are not definitely known to the applicant, the application must include all the material facts and circumstances within the knowledge and information of the applicant that might reasonably tend to show that information. EC §202.005(3). If anything else is not included, add “an explanation for the omission” as required by EC §202.005(8). o Common Mistakes: ▪ Characterization of property when the decedent leaves a surviving spouse. Absent a declaratory action, the Court will not decide what types of property a decedent owned. Consequently, when a decedent leaves a surviving spouse, the Court’s judgment will indicate each heir’s interest in every possible type of property. For separate property, statutory shares can differ for personal property and real property. EC §201.002. For community property, statutory shares are identical for personal property and real property. EC §201.003. Therefore, when a decedent leaves a surviving spouse, an heirship application must indicate each heir’s interest in each type of property for which the shares are different: separate personal property, separate real property, and community property. ▪ Community Property Issues. Estates Code §201.003(c), which dictates distribution of the community estate when a decedent had children from a prior marriage, can be misunderstood if read too quickly. That section specifies that one-half of the community estate is retained by the surviving spouse and the other half passes to the deceased spouse’s children or descendants.” This language does not mean that the surviving spouse is entitled to one-half of the decedent’s share of the community estate. Remember that each spouse owns a one-half interest in the community estate and that a judgment declaring heirs distributes only the decedent’s share of the community estate, not the entire community estate. Therefore, in a chart indicating the surviving spouse’s share of decedent’s community property, the only correct entries are either “all” or “none, but retains [his or her] 1/2 interest in the community estate.” 3. CITATIONS IN HEIRSHIPS NOTE: Necessary parties: Estates Code §202.008. Remember that each of the following persons must be made a party to a proceeding to declare heirship: unknown heirs, known heirs, and “each person who is, on the filing date of the application, shown as owning a share or interest in any real property described in the application by the deed records of the county in which the property is located.” 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. NOTE: If filing separate applications for heirship and application be sure you have a requested a posted citation for both applications. o Citation by publication. The Estates Code requires citation by publication in all heirship proceedings. EC §202.052; see also EC §51.054. Citation by publication is now required in both a “newspaper of general circulation in the county in which the proceeding is pending” as well as the public information Internet website maintained by the Texas Office of Court Administration. 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. NOTE: If the decedent lived in another county for a substantial part of his or her life, then citation by publication in that county may also be necessary depending on the individual facts of the case. o Service of citation on or waiver of citation from all non-applicant heirs who have not made an appearance. Estates Code §§202.051-202.056 require service of citation on or waiver of citation from all non-applicant heirs. See below for requirements. Also see §202.008 regarding others who may require notice. 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. You do not need to take the same approach with all heirs o Adult Heirs may waive citation NOTE: Waivers may be combined with EC chapter 401 consents for an independent administration. As noted above, the Court encourages lawyers to incorporate the consents of non-applicant distributees into their waivers of citation, thereby reducing the number of documents that must be executed and e-filed – but make sure each document includes everything necessary. See Court’s website for suggested form (Probate Documents & Forms | Denton County, TX). 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. The Estates Code allows citation by qualified delivery method under §202.051, prepared by the clerk’s office and sent by the constable. (Remember that citation by definition begins in the clerk’s office; an attorney cannot produce a citation.) 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. See EC §202.051. A natural parent or a guardian of a minor younger than 12 years of age may waive citation on behalf of the minor in that parent’s or guardian’s capacity as parent or guardian. EC §202.056 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. The Court does not allow them to be served by certified mail. The Estates Code does not allow anyone to waive citation on behalf of a minor who is 12 years or older, and a minor is not competent to sign a waiver. See EC §§202.054, 202.056, & 51.201. 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 in that parent’s or guardian’s capacity as parent or guardian. EC §202.056(b). 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, including names of persons who were served or who waived citation. See EC §202.057(a)(2) for specifics. Note that an affidavit or certificate is always required, regardless of what citation was done. NOTE: The affidavit or certificate must include additional information if any waivers are filed on behalf of distributees younger than 16. If any waivers are filed on behalf of distributees younger than 16 years of age, a compliant §202.057 certificate or affidavit must now include “the name of the distributee and the representative capacity of the person who waived citation required to be served on the distributee.” EC §202.057(a)(2)(C)(ii), emphasis added. 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. o Proof of Death and Other Facts (POD). The POD should prove-up the allegations in the application that will not be proved by the disinterested witnesses who will testify as to the identity of the heirs. This information is usually provided by the applicant, but it can be presented by anyone with personal knowledge of the facts presented. o The following information is required to be in the POD for the heirship: ▪ State the name of the decedent, and indicate when and where the decedent died. ▪ State the underlying facts that show why the Court has jurisdiction and venue. Usually this requirement is fulfilled because the decedent was domiciled and had a fixed place of residence in Denton County. EC §33.001. (A statutory probate court has exclusive jurisdiction over probate and administrations in counties where there is such a court. EC §32.005. Having venue under EC §33.001 grants the court jurisdiction.) ▪ State whether decedent had a lawful will and, if so, what disposition has been made of the will. ▪ Give a general description of the property belonging to the estate of the decedent. ▪ State whether a necessity exists for administration. • Check if the application requests letters of administration, then the POD should state a need for administration, sufficient to “prove to the court’s satisfaction that a necessity for an administration of the estate exists.” EC §301.153(a). • Check if you are applying for a determination of heirship only, then the POD should indicate why there is no need for administration and why there is no Medicaid claim against the estate. o Add the following information to the POD if also requesting administration. The proof required for the granting of letters of administration is found in EC §§301.151 & 301.153. ▪ The application was filed within four years after decedent’s death. ▪ The proposed administrator is entitled to letters and is not disqualified. ▪ DO NOT include in the POD any language regarding citation. Seldom does a witness have knowledge about whether citation has been properly served. The Court will decide on its own whether citation is proper. 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. Written testimony should be prepared in advance, either in Q&A form or in the form of a statement. Parts of §203.002 of the Texas Estates Code provide a useful format for the testimony necessary for establishing a testator’s heirs – see numbers 1-5. Depending on the facts, numbers 6-8 may also be needed. Instead of the notary’s signature block, use a signature block for the judge. Include a statement that the witnesses are disinterested. NOTE: Preparing a comprehensive statement in advance will also help you fully develop the heirship facts such as information about previous marriages (including possible common-law marriages), information about predeceased children or siblings and their descendants, and information about parents. You may also discover that a potential heirship witness does not know enough to serve as a witness. 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. You don’t need to include places of residence in the chart because that information is no longer required in an heirship judgment (but note that the Estate Code does require that the application include the physical address where service can be had on each of decedent’s heirs). 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[Seal of Denton County, Texas] Denton County Probate Court No.1 Judge David W. Jahn Denton County Probate Court No.2 Judge Christopher J. Everett 3900 Morse St. Suite 100 Denton, TX 76208-4524 The Uncontested Docket: When a Client Dies Without a Will – The Denton County Probate Courts Policies and Positions on Heirships and Administrations Counselors, Two important caveats as you review this guide
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). [TRANSCRIBED BY EYE 2026-09-21 (corpus-0920 P12): every page of the registered file (sha256 d266be6d04b4..., 9 page(s), digital layer that failed the machine checks; text taken from the layer 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]
6 verbatim requirements on divisional requirements in GIUSEPPINA MIRANDA's division.
4 verbatim requirements on divisional requirements in HILARY CREARY's division.