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The two probate courts' positions and policies for testate estates on the uncontested docket (Judges David W. Jahn and Christopher J. Everett): complete the prove-up checklist; title the application by what is sought; the court will not hear the application unless the posted citation has been returned; applications must include the last three digits of SSN and driver's license or the reason they are omitted, why a named executor is not applying, the applicant's name as stated in the will, later marriages or children and charitable beneficiaries; at the prove-up the court takes judicial notice, makes venue and notice findings and swears the witness, counsel proves execution and qualification (a sworn resident-agent appointment on file before the hearing for non-residents; notarized declinations, guardianship number or doctor's letter, divorce decree or death evidence for named executors not serving); independent administration and bond waiver require sworn consents of all distributees where the will does not provide them, electronic or DocuSign consents and waivers not accepted; power-of-sale authority must be requested or consented to; self-proving affidavits are checked against § 251.104 and the alternative § 256.152 tests, with specific pleading and proof for out-of-state wills; non-self-proved wills require a subscribing witness or two handwriting witnesses; orders drop the 'allegations are true' recital, use the will's name, make findings on non-serving executors, say 'alternate' not 'successor', and include § 308 and § 309 language; muniment applications must show other named executors declined or were served, include no language beyond the Estates Code, may waive § 257.103 only where the applicant is sole distributee or all distributees apply and sign or appear, need a resident agent for out-of-state applicants, must include the Medicaid proof language and a MERP certification or exception proof where Medicaid was received, and need declaratory relief where the will does not identify the takers or property; copies of wills and probates after four years carry additional pleading, witness, ad litem and order requirements.
Texas > Denton County > Probate Courts Nos. 1 and 2 — attorneys presenting testate estates (letters testamentary, muniments of title, copies of wills, late probates) on the uncontested docket.
"Pre-Hearing • Complete prove-up checklist • Check your Application – court requests that the title of the applications provide what you are seeking … • Check for your return of posted citation – Court will not hear the Application if the posted citation is not returned prior to the hearing date. • In your applications you need to be sure to include the following facts, which often omitted by attorneys: o Last three digits of social security numbers and driver's license numbers. If any of this information cannot be ascertained by reasonable diligence or is not applicable, then the application must state the reason the missing information is not stated and averred. o If executor named and not applicant please let us know why … o Identify the Applicant/Executor by the name stated in the Will … o Any marriages dissolved after date of execution of Will and children born after Will o Names and addresses of the charitable organizations … Executor and Qualification … • If not resident, must have on file a signed and sworn to appointment of RA otherwise will not qualify – Court will not accept Attorney pleading in Application that RA appointed within the body of the application unless client signs Application and signature is sworn to before a notary. • RA must be on file before hearing otherwise your applicant cannot testify that they are qualified to serve. … If named is executor is declining then you will need to file person's notarized declination; If named executor is incompetent then need guardianship cause number or letter from doctor; If named executor is divorced from decedent after the date of the will then provide divorce decree; If named executor is deceased then court will need death certificate, published obituary or cause number and jurisdiction for the probate … Serve Independently and Without Bond … • If Will does not provide for independent o Must file sworn consents from all distributees pursuant to TEC Chapter 401 o If Applicant is a named beneficiary then have Applicant sign and swear to the Application otherwise Applicant will need to file a sworn consent to independent administration o The Court does not accept electronic signatures or Docusign for consents or waivers. • Serve without Bond o Be sure that the Will provides for waiver of bond … • Power of sale language – TEC §401.006 provides that language not included in the will for sale of RP then you can ask the court to for that authority o If not contained then all beneficiaries need to consent … o Is Will Self-Proved? Must comply with Texas Estates Code §251.104 … • A Will is considered self-proved under TEC §256.152(b) if the Will is self-proved according to the laws of the state or foreign country of the testator's domicile at the time of execution. To show that a Will is self-proved under this provision, the Court requires the applicant do to all of the following: o state the jurisdiction where the testator was domiciled at the time the Will was executed, o ask the Court to take judicial notice of the laws regarding self-proof of that jurisdiction on the relevant date (with statutory citation), o allege that the will is self-proved according to that law, and o attach as an exhibit a copy of the statute regarding self-proof for that jurisdiction on the date the Will was executed. o If Not Self-Proved … A subscribing witness must testify to three points listed above from TEC §256.152(a)(2). … If a subscribing witness cannot be secured pursuant to sworn testimony of the applicant then the Court will consider testimony from two handwriting witnesses. … • Language in Orders Admitting Will to Probate and for Issuance of Letters Testamentary o Remove language regarding allegations contained in application are true … o use the name of the person as it appears in the LWT … o Please provide findings as to individuals named as executors not serving o Use term alternate executor – not successor … o Include 308 and 309 language in your order MUNIMENT OF TITLE • Court requests that if any applicant that is requesting MOT must show that any other persons named as executor is declining their right to seek letters testamentary or served with the application • Do not include any additional language beyond what is provided in EC o Court seeing a lot of requests for finding of no child support owed by the Decedent – court will not make this finding • Waiver of Fulfillment of terms – order cannot waive the requirement unless (1) the applicant is the sole distributee or (2) there are multiple distributees, and all of them are applicants who have signed a verified application or who appear in court. The Court will not waive the EC §257.103 requirement otherwise. • Resident Agent - Court requires a RA on file in an MOT if Applicant is out of state. … • Medicaid proof and testimony o Court requires that all proofs contain the following language if applicable - the Decedent did not apply for and receive Medicaid benefits on or after March 1, 2005 [OR] the Decedent did apply for and receive Medicaid benefits on or after March 1, 2005, but there is no Medicaid claim against the estate. o If Decedent received Medicaid, you MUST ALSO either (1) file a MERP Certification that Decedent's estate is not subject to a MERP claim … or (2) include in the Proof of Death and Other Facts sufficient information to prove that a MERP claim will not be filed because of one an exception. • Declaratory Relief. If a person who is entitled to property under the provisions of the will cannot be ascertained solely by reference to the will or if a question of construction of the will exists, the Court will not admit the will into probate as a muniment of title unless a request for declaratory judgment has been made upon proper application and notice as provided by Chapter 37, Civil Practice and Remedies Code. EC §257.101. … COPY OF WILL AND PROBATE AFTER 4 YEARS • In application title list what you are probating (copy, after 4 years) … • Copy of Will Requirements o Application must plead (a) cause of wills non-production; (b) that reasonable diligence has been used to locate the original will; and (c) testator did not revoke … o The order must make a finding that applicant has overcome the presumption that the original will has been revoked … o Witnesses Required: 1 Disinterested Witness that can prove contents of the Will … TEC §256.156. 1 Disinterested Witness required for heirs … • Attorney ad Litem. The Court will appoint an attorney ad litem under EC §53.104 to represent the interests of decedent's unknown heirs or heirs having a legal disability IF the testimony of a disinterested witness is not sufficient to establish the heirs … o TEC §258.002 requires citation to all parties interested in the estate when there is a copy of a Will … • After 4 Year - … The Court can admit the will only as a muniment of title and will not grant letters testamentary. … o Application and Proof. Both the application and the proof of death and other facts (POD) must state the reason the applicant was not in default for failing to probate the will sooner. … o Disinterested-witness Heirship Testimony. In addition to the POD testimony discussed above, the Court requires the testimony of one disinterested witness who can identify the decedent's heirs-at-law. … o Order. The order must include a finding that the applicant was not in default for failing to probate the will within four years of decedent's death"
"Pre-Hearing • Complete prove-up checklist • Check your Application – court requests that the title of the applications provide what you are seeking … • Check for your return of posted citation – Court will not hear the Application if the posted citation is not returned prior to the hearing date. • In your applications you need to be sure to include the following facts, which often omitted by atto
Reviewer note: Own-site document (text layer, 8 pp, 15,309 chars) read in full 2026-09-06; the courts' requirements quoted verbatim by section with statutory explanations abridged; undated; the Probate Court No. 1 page's print (doc 8521, 'Policies and Positions - Testate Estates') is byte-identical (same sha256) and is folded as a companion receipt; a joint instrument → 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.