Probate and Guardianship Cases deal with protecting the wishes, rights, and obligations of a person regarding their property and/or assets when these persons are unable to do so because they are a minor, have an incapacitating illness (physical or mental), or as a result of death.

Probate

Venue

As a general rule probate cases are heard in the deceased or wards county of residence except in certain instances. For further information concerning questions of venue, consult https://statutes.capitol.texas.gov/Docs/ES/htm/ES.33.htm.

Procedure for Initial Filing

An executor named in a will or any interested person may make application to probate a will. Any person interested in the estate may, at any time before any issue in any proceeding is decided by the court, file an opposition thereto. The application, any contest, and all subsequent instruments relating to the case are prepared by the party submitting the application or the party's attorney(s); except for the clerk's processes.

All original wills must be filed with the Clerk's Office within three (3) days of e-filing the Application for Probate per Rule 21 (f)(12) of the Texas Rules of Civil Procedure. 

Guardianship

As required by Estates Code §1054.201, all attorneys, not just the attorney who files the case but any attorney working on a guardianship matter, must be certified in guardianship law and procedure. 

Sec. 1054.201.  CERTIFICATION REQUIRED.  (a)  Except as provided by Subsection (c), an attorney representing any person's interests in a guardianship proceeding, including an attorney ad litem, must be certified by the State Bar of Texas, or a person or other entity designated by the State Bar, as having successfully completed a course of study in guardianship law and procedure sponsored by the state bar or the state bar's designee.

(b)  The State Bar of Texas shall require four hours of credit for certification under this subchapter, including one hour on alternatives to guardianship and supports and services available to proposed wards.

(c)  An attorney may commence representation of a person's interests and file an appearance in a guardianship proceeding before completing the course required for certification under Subsection (a) but must complete the course not later than the 14th day after the date of filing the appearance and before filing any substantive motion in the guardianship proceeding.

Per the Court’s procedures, the Attorney Certification, CME, and the Motion/Order to Appoint Attorney Ad Litem MUST be filed when the guardianship case is filed. Filings submitted without the required documents will be rejected per “Judge’s Request.”

Per judicial order, Deposit Requirement for Applications for Temporary Guardianship Applications, filed December 6, 2023, the Clerk of the Court has been directed to collect a deposit in the amount of $750.00 from the filing attorney for each Application for Temporary Guardianship for the payment of the statutorily required Attorney Ad Litem Fees.

Fee Schedules - Effective January 1, 2024

ALL fees are due and payable at the time of filing. Personal checks are not accepted. Attorney's business checks are accepted. Visa and Master Cards accepted. Fees may be charged to a credit card via telephone or mail by supplying the account number, expiration date, and card holder's zip code.

Service of Process by Authorized Person other than Constable or Sheriff: Process may be served in many instances by a private citizen authorized by order of the court to provide this service. In order to qualify, the person must be 18 years of age or older, have no interest in the case, and have on file with the appropriate court an affidavit stating these facts; or be certified by the Texas Supreme Court. An 'Order for Rule 103' for the judge's signature must be presented with each request for such service.

Service of Process by Certified Mail by the Clerk: Upon request of the party requesting issuance of process, the clerk will serve the citation by mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the application/motion attached. The fee for service by certified mail is $85.00.

Citation by Publication: Service of citation may be by publication upon filing of an affidavit stating the whereabouts of the person being served is unknown. Process is issued by the clerk and sent to a Johnson County Constable to be served to the requested newspaper for publication. A publisher's affidavit must be filed with the clerk.

For information concerning the status of a pending Probate or Guardianship Case, please call (817) 556-6323, Ext. 1316.

Copy, Research & Public Information Requests MUST be sent to: ccresearch@johnsoncountytx.org.