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Administrative order of the County Court of Robertson County (January 24, 2022): when a lost will is offered for probate, the Court appoints an attorney ad litem if intestacy would result, the applicant supplies copies for the ad litem, the Clerk attaches the Court's "Notice of Application to Probate Copy of Lost Will…" to every § 258.002 citation, every devisee and every heir (or, for a lost codicil, the original will's beneficiaries) must be personally served or execute an affidavit waiving citation, and any waiver affidavit must itself recite all points of the notice.
Applies to every application filed in the County Court of Robertson County to probate a copy of a lost will or codicil, or a lost will or codicil without a copy. Procedural information only; not legal advice.
ADMINISTRATIVE ORDER 2022-1, In the County Court of Robertson County, Texas — Administrative Order Regarding Applications to Probate a Copy of a Lost Will or a Lost Will without a Copy (filed February 14, 2022). This Court found there is need for an administrative order regarding notice to interested parties when an application is filed to probate a copy of a lost will or codicil, or to probate a lost will or codicil without a copy (hereafter "lost will"). The Court finds: 1. Texas Estates Code § 256.054 requires that an application for the probate of a lost will include information concerning the reason the original instrument cannot be produced and also (among other things) the names of the devisees included in the lost will and the names of the individuals who would inherit if the copy of the lost will were not admitted to probate. 2. Estates Code § 258.002 requires that when a will cannot be produced in Court, the Clerk shall issue citation to all parties interested in the estate, containing substantially the statements made in the application as well as the time when, place where, and the court before which the application will be acted upon; when there is an application to probate a lost will, "all parties interested in the estate" includes both the devisees included in the will and the individuals who would inherit if the copy of that lost will were not admitted to probate. 3. The statutorily required citation is insufficient to advise heirs of their right to object; as authorized by Estates Code § 51.151, explicit notice of their right to object should be given to all heirs, either attached to all citations prepared by the Clerk or included as part of all waivers of citation. 4. For applications that would result in a full or partial intestacy if the lost will were not admitted to probate, an attorney ad litem should be appointed to ensure that all heirs are identified and noticed and to protect the interests of any heirs who cannot be located and any heirs with a legal disability; when a valid original codicil specifically republishes a lost will, an attorney ad litem will not need to be appointed because of the lost will. It is therefore ordered that when an application is filed to probate a lost will: 1. If a full or partial intestacy will result if the lost will is not admitted to probate, the Court will appoint an attorney ad litem under Estates Code § 53.104 to represent the interests of the testator's unknown heirs or heirs having a legal disability; when a valid original codicil specifically republishes a lost will, an attorney ad litem will not need to be appointed because of the lost will. 2. If an attorney ad litem needs to be appointed, the applicant must provide the Clerk with copies of the application and the will to be sent to the attorney ad litem. 3. The Clerk must attach to each citation issued under Texas Estates Code § 258.002 the "Notice of Application to Probate Copy of Lost Will or Codicil or Lost Will or Codicil without a Copy" that is attached to this Order, informing all persons interested in the estate of their right to object to the probate. 4. All persons who are named as devisees in the lost will must be personally served with citations under § 258.002 or must execute an affidavit waiving citation. 5. All persons who would inherit as an heir of the testator if the lost will is not admitted to probate must be personally served with citation under § 258.002 or must execute an affidavit waiving citation; if the lost will is a codicil to an original will, the beneficiaries of the testator's original will — instead of the testator's heirs — must be personally served with citation under § 258.002 or must execute an affidavit waiving citation. 6. When an heir or a devisee executes an affidavit waiving citation, the affidavit itself must explicitly include all of the points addressed in the "Notice of Application to Probate Copy of Lost Will or Codicil or Lost Will or Codicil without a Copy" attached to this Order; it is not sufficient for the affidavit to refer to an attached notice. A sample affidavit waiving citation is attached to this Order; the Court does not require the use of this specific form, but prefers that attorneys adapt this form affidavit to ensure all necessary information is included. Signed on January 24, 2022, Charles Ellison, Presiding Judge.
It is therefore ordered that when an application is filed to probate a lost will: 1. If a full or partial intestacy will result if a lost will is not admitted to probate, the Court will appoint an attorney ad litem under Estates Code § 53.104…
Reviewer note: Composed 2026-09-07 (completeness fix F3) from pp. 1–2 of the county-site document (text layer gap-ridden; read through the vision lane). Signed by then-County Judge Charles Ellison; the current county judge did not sign it, so it is bound to the County Court only (no judge join).
2 verbatim requirements from 4th Circuit Administrative Order 1986-33A.
1 verbatim requirement from 4th Circuit Administrative Order 1987-09.