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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.
[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 DENTON COUNTY PROBATE COURTS POSITIONS AND POLICIES FOR THE UNCONTESTED DOCKET AND DECEDENT DIED WITH A WILL Pre-Hearing • Complete prove-up checklist • Check your Application – court requests that the title of the applications provide what you are seeking, for example – application to probate holographic will, application to probate copy of will and original codicil, etc. (this is what is posted on the citation that gives notice to the public). • 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 – declining, deceased (a handful of attorneys will list off cause numbers of the probate for the deceased executor and court will take judicial notice or attach an obituary or death certificate of the named executor – then the court is not guessing as to why that said individual is not serving o Identify the Applicant/Executor by the name stated in the Will – you may then plead a/k/a or f/k/a or n/k/a – pleadings need to identify executor and applicant as being one in the same o Any marriages dissolved after date of execution of Will and children born after Will o Names and addresses of the charitable organizations Will Prove-up Docket • Court and Prove-up Procedure o Court will take judicial notice of file o Based upon death certificate Court may make finding of venue and jurisdiction and that notice has been posted as required by EC – Court will swear-in witness and hand over to you o Use Will and verify execution and signature is that of Decedent, do not ask questions on jurisdiction and venue (the court has made those findings already based upon your presentment of the death certificate), the posted citation, and whether a Will is self-proved. ▪ Be sure original Will has been on file with the Court pursuant to TEC. ▪ Double-check that the Will you filed as the original is in fact the original o Executor and Qualification ▪ At least 18, incapacitated, felony, moral turpitude, resident of TX, etc. • 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. ▪ Issues • Not asking qualification questions, RA forms not signed by Client appointing or not on file prior to hearing • Not identifying prior named executors in Will o Add language to your application, order and proof as to the first-named executor and/or any declinations by named alternate executors ▪ 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 – the Court will accept sworn testimony but prefers one of the aforementioned ▪ Serve Independently and Without Bond • Check to see if will indicates that the executor who is seeking letters should be independent (examples include the following): o “no other action shall be had in a probate…” (TEC §401.001) o “independent” o “least possible court involvement” o “unfettered discretion” • 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 – due to the drafting of some Wills bond is not waived for alternate named executors o If Will does not waive bond ▪ If Will does not waive bond and does not name the executor who will serve – all distributes may sign sworn consents naming a requested party to serve independent administrator without bond – in this case the Court will grant an independent administration with will annexed and appoints an independent administrator. ▪ If Will does not waive bond and does not make executor independent but the Will does name the executor – all distributes may sign sworn consents to independent administration and request waiver of bond – in this case the Court will grant letters testamentary and appoints an independent executor. ▪ If Will does not waive bond but does name an independent executor – all of the distributes may sign a sworn waiver of bond – in this case the court grants letters of testamentary and appoints an independent executor to serve without 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 Court sees language appearing in will and applicants counsel requesting that authority or finding that said power exists o Is Will Self-Proved? ▪ Must comply with Texas Estates Code §251.104 ▪ The notary block must have identify the Witnesses who have sworn to the execution of the Will. • Common Flaws o Blank lines for the names of the testator and/or witnesses have not been filled in by the notary in the notary’s statement at the end of the affidavit o Witnesses have not sworn to the statement o Missing notary seal ▪ Even if a Will is not self-proved under Section 251.104, it still might be self-proved depending on the date of the Will (in all cases) and on the date of the Decedent’s death (if the Will was executed outside of Texas). ▪ A non-self-proved Will is considered self-proved if a validly self-proved codicil republishes the Will. ▪ If the decedent died on or after September 1, 2011 and the Will was executed outside of Texas then the Will may be considered self-proved: • A Will is considered self-proved under TEC §256.1562(c) and §84(a)(2) if the Will or an affidavit attached to the Will provides everything set out in §256.152(c) – which tracks the Uniform Probate Code requirements. A few of the differences between §251.104 and §256.152(c): o TEC §256.152(c) does not require witness ages o TEC §256.152(c) does not require a statement that the testator asked the witnesses to sign o TEC §256.152(c) requires the witnesses to state that the testator was under no constraint or undue influence o TEC §256.152(c) requires the testator to state the was 18 or over, of sound mind, and under no constraint or undue influence • 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 ▪ The TEC lists the key elements that must be proved to the Court’s satisfaction to obtain the probate, TEC §256.152(a)(2): • The testator “executed the Will with the solemnities and formalities and under the circumstances required by law to make the Will valid,” which under TEC §251.051 means: o The Will was signed by the testator in person or by another person for him by his direction and in his presence. o The Will was attested by two or more credible witnesses above the age of fourteen (14) years. o The witnesses both subscribed their names to the Will in their own handwriting in the presence of the testator. • At the time of the execution, the testator was of sound mind. • At the time of the execution, the testator 18 years of age or older ▪ A subscribing witness must testify to three points listed above from TEC §256.152(a)(2). ▪ A subscribing witness is preferred over other witnesses pursuant to TEC §256.153 through §256.155. ▪ If a subscribing witness cannot be secured pursuant to sworn testimony of the applicant then the Court will consider testimony from two handwriting witnesses. • A handwriting witness must: o be a disinterested and not take under the Will (a spouse or a child of a beneficiary is not disinterested) o be able to identify the signature of the testator o be able to prove testator was of sound mind and over the age of 18 at the time the Will was signed o have sufficient knowledge to testify to these facts • Language in Orders Admitting Will to Probate and for Issuance of Letters Testamentary o Remove language regarding allegations contained in application are true – TEC sets forth what findings are made during a will prove-up, rather than reference another document that is not attached to the order and not allegations in the applications are prove-upped or true o use the name of the person as it appears in the LWT - you may say “now known as” or “formerly known as” o Please provide findings as to individuals named as executors not serving o Use term alternate executor – not successor as successor implies that an executor previously appointed 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. The Court requires appointment of a resident agent in this situation in case there is a creditor who files suit. • 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 (see https://hhs.texas.gov/sites/default/files//documents/services/aging/txmerpcertificationform.pdf) 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. o One requirement is that an application with a declaratory judgment has a 20-day return date under the civil rules, rather than the Estates Code 10-day return date. If you’re probating a will as a muniment of title, check to see if the will itself sufficiently identifies both the distributees and the property. o For example, if the will devises property to a “trustee” or to “my children,” but then is silent in identifying the “trustee” or “my children,” you will need to seek declaratory relief as provided by Chapter 37, Civil Practice & Remedies Code to identify the “trustee” or “my children.” Depending on the specific situation, the Court may appoint an attorney ad litem. o If there is a partial intestacy, you will need (1) to seek declaratory relief as provided by Chapter 37, Civil Practice & Remedies Code, seeking a declaration that there is a partial intestacy and (2) to request a determination of heirship under the Estates Code to determine the heirs that will take the property that passes by intestacy. In this case, an attorney ad litem will definitely be appointed to represent unknown heirs (statutorily required for all heirships), and you will need to pay an ad litem deposit. COPY OF WILL AND PROBATE AFTER 4 YEARS • In application title list what you are probating (copy, after 4 years) to allow posted citation to reflect what is being offered for probate • 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 (include this in your proof as well) o The order must make a finding that applicant has overcome the presumption that the original will has been revoked – reasons for non-production may include – will being in possession of third party (e.g. lawyer held original), testator discarded papers without regard to importance, theft, family member destroyed Will, or lost in a natural disaster. o Witnesses Required: ▪ 1 Disinterested Witness that can prove contents of the Will because the witness read the Will, has heard the Will read, or can identify a copy of that Will. TEC §256.156. ▪ 1 Disinterested Witness required for heirs for pleadings that require you to plead who would take as intestate estates (may be the same witness as above) • 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 (for example, offering a spouse of a beneficiary is not a disinterested witness nor is having a grandchild testify to the biographical history of the Decedent). Choose your witnesses wisely or the Court will be appoint an attorney ad litem and you will be required to post the ad litem deposit. o Order needs to reflect copy throughout the order o Court will accept copy of a properly executed self-proving affidavit for purposes of admitting Will if Will is not self-proved will need testimony from subscribing witness or handwriting witnesses as discussed above. o TEC §258.002 requires citation to all parties interested in the estate when there is a copy of a Will, which includes both heirs who would take if the lost will is not probated and devisees named in the Will. ▪ Heirs and distributees may sign a sworn waiver stating that said heir and/or distributee acknowledges that if the Will is not probated then heirs will take pursuant to intestate law ▪ Application needs to state specifically that intestate heirs will take if the Will is not probated and must list all the theirs that will take in absence of the Will • After 4 Year - A will may not be probated more than four years after the date of death of the testator unless the applicant proves that he or she was not in default for failing to probate the will sooner. TEC §256.003. The Court can admit the will only as a muniment of title and will not grant letters testamentary. See TEC §301.002. Along with the requirements for probating a will as a muniment of title outlined above, the following are also necessary: 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. The POD needs to prove that applicant was not in default. It’s not enough, for example, that the applicant didn’t have money to probate the will earlier or that the heirs had previously agreed not to probate the will. 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. This witness will testify in open court, and the applicant’s attorney needs to prepare a written statement of the witness’s testimony. Parts of TEC §203.002 – phrased as testimony rather than as an affidavit – provide ideas for the type of testimony necessary to establish a testator’s heirs. Also include a statement that the witness does not have an interest in the estate. ▪ Attorney ad Litem. The Court will appoint an attorney ad litem under TEC §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 (for example, offering a spouse of a beneficiary is not a disinterested witness nor is having a grandchild testify to the biographical history of the Decedent). Choose your witnesses wisely or the Court will be appoint an attorney ad litem and you will be required to post the ad litem deposit. 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 o Court will accept copy of a properly executed self-proving affidavit for purposes of admitting Will.
[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 DENTON COUNTY PROBATE COURTS POSITIONS AND POLICIES FOR THE UNCONTESTED DOCKET AND DECEDENT DIED WITH A WILL Pre-Hearing • Complete prove-up checklist • Check your Application – court requests that the title
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). [TRANSCRIBED BY EYE 2026-09-21 (corpus-0920 P12): every page of the registered file (sha256 560fa4b1d6e2..., 8 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.