2019 County

and District Clerks’

Association of Texas

Annual Education Conference

June 23-27, 2019

The Woodlands Waterway Marriott Hotel & Convention Center

Piece of the Puzzle,

Part of the Whole

Breakout 1: Probate: Where There’s a

“Will”…There’s a Way (sort of)

Tuesday, June 25, 2019 1–2:30 p.m

Hon. Beth Rothermel Washington County Clerk

Hon. Julie Smith Potter County Clerk

Learn some recommended “tips and tools” that can aid with probate proceedings. Join us as we explain steps to probate proceedings that will help your office and the court navigate the probate process.

Hon. Beth Rothermel, Washington County Clerk Beth Rothermel has been County Clerk of Washington County since 1995, was born and raised in Washington County. She graduated from Brenham High School, Blinn College and Texas A&M University. A passionate historian, she has embarked on projects involving conservation of old books and computerization of most records in the County Clerk's office for more efficient research. Rothermel has served on many committees and in all offices of the County and District Clerks' Association of Texas (CDCAT), including a term as president in 2005-2006. She became a Master Registrar in 2004. She was a founding board member of the Risk Management Board of the Texas Association of Counties, was on the advisory committee to the Texas State Library and Archives, Office of Court Administration Judicial Data Workgroup, and has served as a mentor to other clerks. Rothermel also served on the National Association of Counties Telecommunications Committee for several years.

Hon. Julie Smith, Potter County Clerk Julie Smith took office as Potter County clerk in 2007. In office, she has served on various boards and committees within Potter County. She has also served on various committees within CDCAT, currently on the Probate Academy Committee and as director in Region 1.

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Independent Administration

I can do it!

What is an Independent Administration?

■ Been used in Texas since 1840’s!

■ Administration without judicial supervision

■ EC 301-402

■ Quick and easy to probate

2

Probate is a Civil matter –EC 53.051

Sec. 53.051. APPLICABILITY OF CERTAIN LAWS. A law regulating costs in ordinary civil cases applies to a probate matter when not expressly provided for in this title.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Venue

■EC 33.001 *

■County where decedent resided based on domicile or fixed place of residence

■If decedent did not have residence in Texas, then –■Where principal estate is located at time of death■Any county in which decedent’s nearest kin reside■ If no next of kin in Texas, then in the county in which decedent’s principal estate was

located

* The clerk should take the filing and let the court make a determination of proper venue.

File – with or without money?

Can be filed “conditionally” – case law Jamar v. Patterson 1993

No citation is issued until filing fee is paid

And no hearing is held

The Court (Judge) has no jurisdiction and takes no action until citation is issued

Suggestion – put note of brightly colored paper in front of case file OR make notes in Case Management System to denote “conditionally filed”

3

Pro Se applicants –

Court policy

Records to be kept -

■ Judge’s Probate Docket – EC 52.001

■ Claim Docket – EC 52.002

■ Probate Fee Book – EC 52.003

■ NOTE: the above may be kept on computer file, microfilm, digitized optical image or another similar form of data compilation EC 52.004

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Rule #1

■ 1 decedent = 1 case

■ Never open another case on the same decedent!

Steps for an Independent Administration case….

■ 1) Search for a Will before issuing a case number.

A) Existing records for a case already filed

B) Wills for Safekeeping (EC §252.001)■ If there is one, make the court aware by submitting a letter to the Court (Judge)■ Place a copy of the letter in the case file

C) Drop-off Wills (EC §252.201)■ If there is one, make the court aware by submitting a letter to the Court (Judge)■ Place a copy of the letter in the case file

Steps continued….

■2) Submission should include –

–Application for Independent Administration–Last Will and Testament (if there is one) Copy of Will can be e-Filed but not required Original Will must arrive in clerk’s office within 3 business days per TRCP

Rule 21f– File stamp the original Will with the date it arrives

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Where there’s a will…There’s a wait!!!!

3 2 1

What do I do if Will does not arrive within 3 days?

■ Rule 21f (12) – When a party electronically files an application to probate a document as an original Will, the original Will must be filed with the clerk within 3 business days after the application is filed.

– In some counties, the citation is issued when the original Will arrives. (If the original Will does not arrive within 3 business days, the filer is considered not to be in compliance with Rule 21f and the citation is not issued.)

– Notify Judge that the Will has not been filed and place a bright colored page in the folder where the Will should be.

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Steps continued…

■3) Issue Citation(s)– EC 51.001-51.056– Styled same as application– Addressed to “any Sheriff or Constable within the State of Texas”

(probate & guardianship cannot be served by Private Process Server in the State of Texas – must be by Sheriff or Constable) EC §51.051(b)(1)

*If there is a codicil, it must be mentioned in the citation

■Return date on citations:– Posting - 10 days – Personal service – 10 days– Service by publication – 10 days (if no newspaper, then by posting)– Service by mail – 20 days (date of service is date of mailing)

Some clerk’s established a filing cut off time of 3:00pm each Thursday

Posting Chart

Service Chart

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Day of Hearing….

– Judge takes testimony

– Attorney presents Proof of Death aka Proof of Death and Other Facts

– Judge signs Order

– The Clerk or Judge gives the Oath to the Executor or Administrator EC 305.003

■ If the Oath is not presented on day of Court, it should be completed and filed within 21 days of the Order

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Steps continued…

■ Once the Order is signed, Oath taken and Bond given (if a bond is ordered) – Letters Testamentary or Letters of Independent Administration can be issued.

– Qualification Date - If the Oath and/or Bond is filed days after the Order is signed, use the date the last one of those is filed for your qualification date.

Issuing Letters

■ Issue letters once the applicant has qualified via oath and/or bond.

■ Issue ORIGINAL letters only!

■ EC Sec. 306.004. ISSUANCE OF ORIGINAL LETTERS. When an executor or administrator has qualified in the manner required by law, the clerk of the court granting the letters testamentary or of administration shall promptly issue and deliver the letters to the executor or administrator. If more than one person qualifies as executor or administrator, the clerk shall issue the letters to each person who qualifies.

Form and Content of Letters

■EC Sec. 306.005. FORM AND CONTENT OF LETTERS. Letters testamentary or of administration shall be in the form of a certificate of the clerk of the court granting the letters, attested by the court's seal, that states:

■(1) the executor or administrator, as applicable, has qualified as executor or administrator in the manner required by law;

■(2) the date of the qualification; and

■(3) the name of the decedent.

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Replacement & Effect of Letters

■EC Sec. 306.006. REPLACEMENT AND OTHER ADDITIONAL LETTERS. When letters testamentary or of administration have been destroyed or lost, the clerk shall issue other letters to replace the original letters, which have the same effect as the original letters. The clerk shall also issue any number of letters when requested by the person or persons who hold the letters.

■EC Sec. 306.007. EFFECT OF LETTERS OR CERTIFICATE. Letterstestamentary or of administration or a certificate of the clerk ofthe court that granted the letters, under the court's seal,indicating that the letters have been issued, is sufficient evidenceof:

■(1) the appointment and qualification of the personalrepresentative of an estate; and

■(2) the date of qualification.

Letters Testamentary

Letters of Independent Administration

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Now What?Filings after Order has been signed■Notice to Beneficiaries EC 308.002 & 308.004– Done by attorney/personal representative (within 60 days) and proof is filed within 90

days– Beneficiaries may sign a Waiver of Notice and that is filed with the clerk (This may also be

filed with other documents (i.e., inventory or request for extension) provided they are timely filed.

■ Inventory & Appraisement EC 309.051– Filed within 90 days after the date the personal representative qualifies (bond/oath).

■ If filed after the 90th day, charges of $25 + $2 for judge’s signature apply LGC 118.052(2)(B)(i), 118.056 & 118.101(11)

An Affidavit in Lieu of Inventory may be filed (no charge) EC 309.056– NOTE - Affidavit in Lieu of Inventory cannot be filed in Dependent Administrations EC

309.051

Independent Administration/Letters Testamentary in a Nutshell

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Filings after Order has been signed

■ Claims EC 355.002– $12.00 Fee ($10.00 for claim & $2.00 for Judge’s signature)

– Send letter to personal representative or attorney

File stamping

■ AG opinion JC-0323– SUMMARY

While a county clerk is not expressly required by statute to file stamp the date and time an

instrument arrives in the clerk’s office for filing upon receiving and accepting the instrument,

the county clerk must devise some method for immediately and accurately noting that date

and time. Just as the clerk must develop a method for noting the date and time a particular

instrument is delivered in person, so must the clerk develop a method for noting the date

and time of delivery of an instrument that arrives in the mail.

Probate Fees – Show me the Money!

■ Filing new Probate Case (Basic Fees)

$ 40.00 Clerk  LGC 118.052 (2)(A)(i) 

$   4.00 Citation LGC 118.052(3)(A) & 118.059

$   2.00 Judge Signature LGC 118.101 (except 8,10&13)

$   5.00 Judicial Education   LGC 118.052(A)(vi) & 118.064

$   5.00 Records Management LGC 118.052(3)(G) & 118.0645

$   5.00 Security Fee  LGC 291.008(a) (set by CC)

$ 40.00 Judicial Fund Supplement GC 51.702(a) & 51.703(a)

$ 42.00  Judicial Support  LGC 133.154

$ 10.00 Civil Legal Services for Indigent LGC 133.153(a)(1)

$   5.00 Appellate Judicial System GC 22.2081(b) (ck statute for your co., set by CC))

$ 10.00 Court Records Preservation GC 51.708(a)

$ 20.00 Supplemental Guardianship Fee  LGC 118.052 (2)(E)

$ 30.00 State Electronic E‐Filing  GC 51.851(b)

$ 15.00 Alternate Dispute Resolution CRPC152.004(a)

$ 90.00 Posting  LGC 118.131 (set by Comm. Court)

$ 35.00 Law Library  LGC 323.023(a) (set by Comm. Court)

$    5.00 Judicial & Court Pers. Training GC §101.08111

$363.00 Total

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Fees continued…

■Variations on fees may include:–Posting Fee (Sheriff Fee) LGC 118.131 set by CC–Law Library Fees LGC 323.023–Court Reporter GC 51.601(a)–Alternative Dispute Resolution CPRC 152.004(a)

NOTE: No fees if decedent died in combat zone while in active service or if decedent died while on active duty in law enforcement or as a firefighter

EC 53.053 – 53.054

Fees continued…

■ Filing Inventory after 90 days: $27.00■ - $25.00 – Clerk fees – LGC 118.052(2)(B)(i) & 118.056(d)■ - $ 2.00 – Judge signature fee – LGC 118.101

Claims $ 10.00 each LGC 118.052(2)(D) & 118.058

Letters $ 2.00 each LGC 118.052(3)(D) & 118.061

Jury Fee $40.00 GC 51.604(a)(c) & RCP Rule 216

Service by Cert. Mail: Same as by Sheriff/Constable LGC 118.052(3)(F)

Judge’s fee for signature on orders $2.00 LGC 118.101

Fee continued…

■Adverse Action Fees $115.00*$40.00Clerk fee LGC §118.052 (2)(c)$ 5.00Courthouse Security LGC §291.008(a) set by CC$10.00Legal Services to the Indigent LGC §133.153 (a)(1)$ 5.00Records Management LGC §118.052(3)(G) & 118.0645$ 20.00Supplemental Court Guard. LGC §118.052(2)(E)$ 30.00 State Electronic Filing GC §51.851$ 5.00 Judicial Court & Personnel GC §101.08111

*add issuance & service fees as needed

■Sale of Real Property $27.00*$25.00 Clerk fee LGC §118.052(2)(B)(v)$ 2.00 Judge’s signature fee LGC §118.101*add issuance & service fees as needed

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Fees continued…

■Copies (per pg.)$1.00 LGC §118.052(3)(C)■To certify $5.00 LGC §118.052(3)(B)

Fees continued…

Filing Annual Account: (if Dep. Admin. goes over 15 months) $27.00$25.00 – Clerk fees LGC 118.052(2)(B)(iv) $ 2.00 – Judge signature fee LGC 118.101

Filing Final Account: $121.00*$25.00 – Clerk fees – LGC 118.052(2)(B)(iv)$ 2.00 – Judge signature fee – LGC 118.101$90.00 – Sheriff Fee - LGC 118.131 (set by CC)$ 4.00 - Issuance LGC 118.052(3)(A)

Funds held in Registry of the Court

■ Court Registry

– If interest bearing account LGC 117.054■ Keep 10% of the interest, upon disbursement

– If non interest bearing account LGC 117.055■ Keep 5% of amount, not to exceed $50 upon disbursement

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Closing an Independent Administration

In Texas, there is no statute for re-opening an estate, therefore most Independent Administrations are “open” forever.

Leaving the case “open” allows for the issuance of Original Letters.

However, if a Closing Report or Notice of Closing Estate of Affidavit to Close is presented-

File it Collect $2 for Judge’s signature (if needed) Executor should provide Notice of Closing to each beneficiary unless waived;

however they may request a posting If no objection filed within 30 days, the case is considered closed

Dependent Administration

Also known as the “Mother May I” administration of an estate.

What is a Dependent Administration?

Administration of an estate WITH judicial supervision

The Court oversees every aspect of an estate’s administration.

Only those duties that the Judge finds need to be handled in the estate will be granted to the Dependent Administrator.

An administrator is the one appointed by the court to complete tasks when there is no will or no executor named in the will.

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Dependent Administration

■ Period for Filing (EC 256.003)

■a) A will may not be admitted to probate after the fourth anniversary of the testator’s death unless it is shown by proof that the applicant for the probate of the will was not in default in failing to present the will for probate on or before the fourth anniversary of the testator’s death.

–If an Application is presented more than 4 years after death, the clerk should file it and let the court decide.

■b) Letters Testamentary may not be issued if a Will is admitted to probate after the fourth anniversary of the testator’s death, unless it is shown that the application was filed on or before the 4th anniversary of testator’s death.

When is a Dependent Administration proper?

If decedent dies without a Will, or Executor named in the Will is deceased, or Executor named in the Will declines to serve, or No executor is named at all, or Beneficiaries are unable to agree on an administrator

■NOTE: not up to the clerk to make a legal determination if a Dependent Administration is necessary…..take what is submitted.

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Steps for Dependent Administration…

■Do the A-B-C search

A) Existing probate case

B) Wills for safekeeping

C) Drop-off Wills

If case already exists, file in the same case #

■Assign new case number if case does not exist on the deceased

Steps - Dependent Administration case….

■ Submission

Application for Dependent Administration

Last Will & Testament (if there is one) Original Will must arrive in clerk’s office within 3 business days per TRCP Rule 21f

File stamp the original Will with the date it arrives

Steps

■ Issue Citation(s) ■Addressed to “any Sheriff or Constable within the State of Texas”

Posting Service on all heirs if Will is lost or not produced Court may also require additional service (Take direction from attorney, not up to the clerk to make judgment call on who will be

served.)

Return date Posting – 10 days Personal service – 10 days Service by publication – 10 days Service by mail – 20 days

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Day of Hearing…

Judge takes testimony Attorney presents Proof of Death Judge signs Order The Clerk or Judge gives the Oath to the Executor or Administrator EC

305.003 If the Oath is not presented in Court, it should be completed and

filed within 21 days of the Order Bond - if Judge orders one, must be filed within 21 days of the Order EC

305.004 (there is usually a bond in Dependent Administrations)

BOND■ If Bond is required (common in a Dependent Administration) – it is presented the

day of court but must be filed within 21 days of the Order EC 305.004

Can be cash – put it in your Bond/Registry Account Keep a list of cases that you have money on

Keep a copy of paperwork setting bond in a file

Check this list at least once a year (or sooner) and disperse any bond money where the case has been closed or disposed

Get an order from the Judge to release funds back to the person who placed the money on deposit

Can be a “surety” – thru Insurance Agency Clerk will receive Surety Bond for filing

Surety Bond goes to Judge for approval and returned to Clerk for filing

If bond required – no letters should be issued until Administrator has complied with the Oath and Bond requirements, including bond approval by Judge.

Letters

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Filings after Order has been signed

Notice to Beneficiaries EC 308.002 Done by attorney (within 60 days) and proof is filed within 90 days Beneficiaries may sign a Waiver of Notice and that is filed with the clerk

Inventory & Appraisement EC 309.051 Filed within 90 days after the date the personal representative qualifies

(bond/oath). If filed after the 90th day, then charge $25 + $2 for Judge’s signature LGC 118.052(2)(B)(i), 118.056 & 118.101(11)

NOTE - Affidavit in Lieu of Inventory cannot be filed in Dependent Administrations EC 309.051

Closing a Dependent Administration EC 362

Verified Account for Final Settlement filed EC §362.003 Contents of Account EC §362.004 Citation/Notice issued upon Presentation of Final Account EC §362.005 Hearing set by Judge for Final Settlement

Important! No Letters may be issued after an estate is closed! Don’t forget to release the cash bond, if one was presented.

Temporary Administration – EC 452

■ A “subset” of a Dependent Administration

■ Specific, immediate need exists!

■ May not exceed180 days unless made permanent

■ EC 452.003

■ Appointment is interim until a Dependent or Independent Administrator is appointed– With only certain rights and powers EC 452.101

■ The Judge must make certain findings

■ Issue citation after the hearing (by 3rd day after) EC 452.006 Letters of Temporary Admin. should list the specific powers (state exact language from the Order) EC 452.005

■ Claims are handled the same way as in any other administration

■ Closing – Temp. Admin. must file accounting EC 452.151 & 452.152– Post citation for final accounting – Court enters an Order to Close and release bond is applicable

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Sale of Real Or Personal Property

■ EC 356.051 - 356.655

■ Application is made

■ Issue citation to all interested parties by posting – EC 356.253

Temporary Restraining Order - TRO

■ Preserves the status quo and “freezes” everything until a hearing can be held

■ Petition for TRO is submitted

■ Judge grants

■ Issue for personal service

■ Attach petition to the TRO

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Removal without notice■ EC 404.003REMOVAL OF INDEPENDENT EXECUTOR WITHOUT NOTICE. The probate court,

on the court's own motion or on the motion of any interested person, and without notice, may remove an independent executor appointed under this subtitle when:

■ (1) the independent executor cannot be served with notice or other processes because:

■ (A) the independent executor's whereabouts are unknown;

■ (B) the independent executor is eluding service; or

■ (C) the independent executor is a nonresident of this state without a designated resident agent; or

Removal of Executor or AdministratorEC 404.003 – 404.0036

Removal of Executor or AdministratorEC 404.003 – 404.0036 (cont.)

■ (2) sufficient grounds appear to support a belief that the independent executor has misapplied or embezzled, or is about to misapply or embezzle, all or part of the property committed to the independent executor's care.

■ If service is requested, serve –

– Executor/Administrator

– Attorney

– Bonding company (if there is one)

Removal with notice■ Sec. 404.0035. REMOVAL OF INDEPENDENT EXECUTOR WITH NOTICE. (a) The

probate court, on the court's own motion, may remove an independent executor appointed under this subtitle after providing 30 days' written notice of the court's intention to the independent executor, requiring answering at a time and place set in the notice, by certified mail, return receipt requested, to the independent executor's last known address and to the last known address of the independent executor's attorney of record, if the independent executor:

■ (1) neglects to qualify in the manner and time required by law;

■ (2) fails to return, before the 91st day after the date the independent executor qualifies, either an inventory of the estate property and a list of claims that have come to the independent executor's knowledge or an affidavit in lieu of the inventory, appraisement, and list of claims, unless that deadline is extended by court order; or

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Removal with notice

■ (3) fails to timely file the affidavit or certificate required by Section 308.004.

■ (b) The probate court, on its own motion or on motion of any interested person, after the independent executor has been cited by personal service to answer at a time and place set in the notice, may remove an independent executor when:

■ (1) the independent executor fails to make an accounting which is required by law to be made;

■ (2) the independent executor is proved to have been guilty of gross misconduct or gross mismanagement in the performance of the independent executor's duties;

Removal with notice

■ (3) the independent executor becomes an incapacitated person, or is sentenced to the penitentiary, or from any other cause becomes legally incapacitated from properly performing the independent executor's fiduciary duties; or

■ (4) the independent executor becomes incapable of properly performing the independent executor's fiduciary duties due to a material conflict of interest.

■ If service requested – serve:

■ Executor/Administrator

■ Attorney

■ Bonding Company (if any)

You’re Out!!!!

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Resources

■ Estates Code

■ Local Government Code

■ Government Code

■ Rules of Civil Procedure

■ Supreme Court of Texas website

– http://www.txcourts.gov/supreme

■ Office of Court Administration website

– http://www.txcourts.gov/

12.2017

HONORABLE NANCY TANNER

Potter County Judge

500 S. Fillmore, Suite 103

Amarillo, Texas 79101

(806) 379-2250

Email: shannonbarnett@mypottercounty.com

Court Policy Regarding "Pro Se" Applicants

(Applicants without an Attorney)

People who represent themselves in court are called "pro se" or "self-represented" litigants.

You are not required to have a lawyer to file papers or to participate in a case in court. You have

a right to represent yourself. However, a pro se may not represent others. Under Texas law, only a

licensed attorney may represent the interests of third-party individuals or entities, including

guardianship wards and probate estates. See Steele v. McDonald, 202 S. W. 3d 926 (Tex. App. -

Waco, 2006.), and the authorities cited in that opinion. Therefore, individuals applying for letters

testamentary, letters of administration, determinations of heirship, and guardianships of the person

or estate must be represented by a licensed attorney. The only time a pro se applicant may proceed

in court is when truly representing only himself or herself.

Frequently Asked Questions

Q: What is a pro se?

A: A pro se is an individual who has not hired a lawyer and appears in court to represent

himself and no other person or entity.

Q: Can I still serve as an executor, administrator, or guardian even though I'm not a lawyer?

A: Yes. One need not be a lawyer to serve as an executor, administrator, or guardian.

However, the executor, administrator, or guardian must be represented by counsel.

Q: But I'm the only one that needs letters testamentary. As executor, how would I be

representing the interests of others?

A: As executor of a decedent's estate, you don't represent only yourself. An executor

represents the interests of beneficiaries and creditors. This responsibility to act for the

benefit of another is known as a fiduciary relationship. It gives rise to certain legal

obligations and responsibilities that require legal expertise. The attorney you hire

12.2017

represents you in your capacity as executor and assists you in representing those for whom

you are responsible.

Q: If I get the paperwork from a law library or the internet, can I fill it out and file it? Isn't that

what lawyers do?

A: Lawyers don't just fill out forms. Lawyers (1) determine what method of probate or

guardianship is appropriate in a particular situation, (2) create or adapt any necessary

paperwork, and (3) advise the client about the ongoing responsibilities of a fiduciary.

Unless you are a lawyer, you're creating legal pleadings while acting as a fiduciary would

constitute the unauthorized practice of law.

Q: As a pro se, what proceedings can I do on my own?

A: The only proceedings you can handle as a pro se are those in which you truly would be

representing only yourself. For example, a pro se applicant may probate a will as a

muniment of title when he or she is the sole beneficiary under the will, and there are no

debts against the estate other than those secured by liens against real estate. This procedure

can be a viable option in some situations, but not in others. Whether a muniment of title is

the correct probate procedure for a particular situation is a legal decision best made by a

lawyer.

Q: What procedures should I follow if I want to probate a will as a muniment of title as a pro

se applicant?

A: As stated above, whether a muniment of title is the correct probate procedure for a

particular situation is a legal decision best made by a lawyer; Court staff cannot guide you

or advise what you should do in your case. If you decide to proceed with your case without

an attorney, the County Law Library has reference materials that may be helpful. Note the

following: (1) To probate a will as a muniment of title, each applicant must be able to swear

on personal knowledge that there are no debts against the estate other than those secured

by liens against real estate. Anyone falsely swearing that the estate has no creditors -

including Medicaid estate recovery is subject to a perjury charge. (2) In a pro se application

to probate a will as a muniment of title, all beneficiaries under the will must be applicants,

and all beneficiaries must testify at the hearing. (3) The will being offered for probate must

be the signed original, or you will need to follow the additional procedural requirements

for proving up a will in court. You will need to research what's required for a self-proved

will at the Law Library. If you discover that the will is a copy or is not self-proved, Court

staff can give you information about what the additional procedural requirements are, but

you will need to create all additional documents.

POSTING OF NOTICE/CITATION:

**Court has discretion to require posting beyond what's required in statute. EC 51.001

***Issued upon request TRCP 99(a)

1. Probate of Written Will produced in Court EC 258.001

Probate of Written Will not produced in Court EC 258.002

2. For Letters of Administration EC 303.001

3. Determination of Heirship - do posting and service EC 202.053

- posted in county of proceeding and county of last residence

4. Appointment of Temporary Administrator EC 452.006

5. Notice to take Deposition on written questions EC 51.203

6. Notice of Sale of Real Property EC 356.253

7. Notice of Sale of Personal Property EC 356.102

8. Reinstatement of Administrator EC 361.054

9. Successor Administrator (unless immediate necessity per court) EC 361.152

10. Account for Final Settlement EC 362.005

NOTICE BY PERSONAL REPRESENTATIVE:

1. Notice to Holders of Secured or Recorded Claims EC 308.053

2. Notice to each beneficiary named in the Will EC 308.002

3. Execute Mineral Deed EC 358.054

4. Notice to heirs/beneficiaries on Acct. for Final Settlement EC 362.005

NO NOTICE NEEDED:

1. Successor Administrator (if court finds immediate need) EC 361.152

Posted Notice on Application for Letters Testamentary

STATE OF TEXAS

COUNTY OF POTTER

TO ALL PERSONS INTERESTED IN THE ESTATE OF ______________________________________________________

_______________________________________________________, Deceased, Cause No. ________________

___________________________________________________________, Applicant(s), filed in County Court of Potter

County, Texas, on the _______ day of ________________, 20________, an

_______________________________________________________________________________________________________

of ______________________________, Deceased, with the alleged will accompanying the application.

This Application may be acted on by the Court at any call of the docket on or after the ______ day of _________________,

20____ at 10:00 A.M., that being the first Monday next after the expiration of ten days from the date of posting this citation at the

Potter County Courthouse, 500 S. Fillmore, Amarillo, Texas. All persons interested in this case are cited to appear before this

Honorable Court by filing a written contest or answer to this Application should they desire to do so. To ensure its consideration,

you or your attorney must file any objection, intervention, or response in writing with the County Clerk of Potter County, Texas on

or before the above-noted date and time.

The officer executing this citation shall post the copy of this citation at the Courthouse door of the County in which this

proceeding is pending, or at the place in or near the Courthouse where public notices customarily are posted, for not less than ten

days before the return day thereof, exclusive of the date of posting and shall return the original copy of this citation to the clerk

stating in a written return thereon the time when and the place where he posted such copy.

GIVEN UNDER MY HAND AND SEAL of said Court of Potter County, Texas, at the office of the County Clerk in Amarillo,

Potter County, Texas, on the _________ day of ______________________________, 20 ________.

JULIE SMITH, County Clerk, Potter County, Texas

500 S. Fillmore, Room 201, Amarillo, Tx 79101

P.O. Box 9638, Amarillo, Texas 79105-9638

By Deputy: ____________________________________

____________________________________

ATTORNEY FOR APPLICANT:

_______________________________________

_______________________________________

_______________________________________

_______________________________________

----------------------------------------------------------------------------Officer’s Return------------------------------------------------------------------------------

Came to hand on the _________ day of __________________, ________, at ____________o’clock _____.M., and executed on the

_________day of ______________________, ________, by posting a copy of the above citation for ten days, exclusive of the day of

posting, before the return date hereof, at the County Courthouse door of Potter County, Texas, or at the place in or near the Potter

County Courthouse where public notices customarily are posted.

To certify which witness my hand officially. Brian Thomas

Potter County Sheriff

Potter County, Texas

By Deputy ______________________________________

______________________________________________

Printed Name of Server

Fees Paid $____________

LETTERS TESTAMENTARY THE STATE OF TEXAS

COUNTY COURT

CAUSE NO. _____________________________ ESTATE OF _____________________________

I, JULIE SMITH, County Clerk and Clerk of the County Court, in and for said County, do hereby certify that on the_______ day of _____________________, 20_____.

_____________________________________________

was appointed Independent Executor, of the Will and Estate of:

_______________________________________________________, Deceased

and that said appointee is fully and legally authorized and empowered to act as the Independent Executor, without bond, of the Will and of the above named Estate, having qualified by filing the oath on the ___________ day of _____________________ 20____. I further certify that said appointment is still in full force and effect.

WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, this ________ day of _____________________ 20____.

JULIE SMITH, County Clerk Potter County, Texas By: _____________________________, Deputy

Mr. Attorney

P.O. Box 5678

Amarillo, Texas 79105

Re: # 123456 Estate of : _______________________, Deceased

Dear Mr. Harkins

In accordance with §355.002 of the Texas Estates Code, you are hereby notified that the following claim(s)

has been deposited in the office of the County Clerk of Potter County Texas.

Person/Firm filing Claim Date Deposited Amount

1301 Coulter Properties, LLC 10/19/2018 $36,182.89

Respectfully yours,

Julie Smith

Clerk of the County Court,

Potter County, Texas

By: _____________________Deputy

Printed Name of Deputy Here

CC: Anyone

LETTERS OF ADMINISTRATION

THE STATE OF TEXAS County Court

Cause No. __________________ ESTATE OF __________________________________

I, JULIE SMITH, County Clerk and Clerk of the County Court, in and for Potter County, Texas, hereby certify

that on the ______ day of ___________________, 20_________, the Court, having jurisdiction over the Probate Matter

of has appointed

_____________________________________________

as the Administrator of the Estate of:

_____________________________________, Deceased

and the aforementioned appointee, having taken the oath prescribed by law, is duly qualified and fully and

legally authorized and empowered to act on behalf of the above named Estate.

WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, this ______ day of _________________, 20_____.

JULIE SMITH, County Clerk

Potter County, Texas

By: _____________________________, Deputy

____________________________

(Updated 3/2019)

LETTERS TESTAMENTARY

(§306 Estates Code)

In summary, a Simple Probate should go as follows:

Application to Probate Will (If pink slip in folder the original will has yet to be filed)

Last Will and Testament

Fees to file new Probate case are paid

Hearing date is set (10 days after the 1st Monday – in CC office our cut off day and time is each Thursday at 3pm)

Clerk posts notice of Citation

On day of court, the Judge swears all parties in giving testimony & the following are presented by the Attorney or

Executor:

Proof of Death

Order Probating Will

Oath of Executor/Executrix

Clerk reads Oath to Executor/Executrix and it is signed in Clerks presence. Oaths may signed before a

notary but it cannot be before the date the Judge signs the Order Appointing. If oath predates Judge’s

order appointing executor a new Oath has to be signed.

Occasionally, the Oath is not signed on hearing date, therefore Letters Testamentary cannot be issued.

Once signed oath is presented to Clerk Letters can issue.

Letters are only issued to Executor or his/her attorney. Letters may be issued until case is closed. Request for letters

after case is closed will result in a document entitled “Certification as to Letters” which verifies that the Executor did

qualify and served in that appointed capacity.

NOTE: Letters of Testamentary are NOT recordable in OPR

Affidavit of Notice to Beneficiaries (per §308.002 Estates Code) is filed.

Not later than 60 days after date of Order probating, Executor or Administrator shall give notice to each

beneficiary named in Will.

Not later than 90 days after date of Order probating, personal representative files affidavit with Clerk

Inventory due within 90 days after Executor qualifies unless Court grants an extension §309.051 Estates Code:

Inventory & Appraisement is filed with an Order Approving. If filed after 90 days and no order granting

extension filing fees will apply.

No hearing date required

Give Inventory and Order to Judge (some Judges prefer to review this with case file)

In lieu of Inventory the Executor/Administrator may file and “Affidavit in Lieu of Inventory” in accordance

with §309.056 Estates Code. Judge may want to see Affidavit and if not, time stamp and place in file. No

fees may be charged for Affidavit in Lieu of Inventory.

Case remains active/open until an affidavit/order closing has been submitted by the attorney, applicant or Judge.

LETTERS OF TEMPORARY ADMINISTRATION THE STATE OF TEXAS

CAUSE NO. ______________ ESTATE OF _______________________________, DECEASED

I, JULIE SMITH, County Clerk and Clerk of the County Court, in and for Potter County, Texas, hereby certify that on the ______ day of _________________, 20 ________,

_______________________________________________________ was granted Letters of Temporary Administration upon the Estate of:

______________________________________________________________, Deceased

with such rights and which order has been duly recorded in the Probate Minutes of said court therefore, and I further certify that the said

________________________________________________________________

has taken the oath prescribed by law and is duly qualified and fully and legally authorized and empowered to act on behalf of the above name Estate and that said appointment is still in full force and effect. All is more fully set out in the attached order appointing Temporary Administrator (powers included). WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE, this ________ day of ____________________, 20______. JULIE SMITH, County Clerk Potter County, Texas By: ___________________________________, Deputy ________________________________

Temporary Administration

(Immediate Need Exists)

EC Chapter 452

Application for Appointment is filed EC §452.002

*Application must be verified and include an affidavit that:

states the name, address, and interest of the applicant;

states the facts showing an immediate necessity for the appointment of a temporary

administrator;

lists the requested powers and duties of the temporary administrator;

states that the applicant is entitled to letters of temporary administration and is not

disqualified by law from serving as a temporary administrator; and

describes the property that the applicant believes to be in the decedent's estate.

(* For informational purposes only. Not the Clerk’s responsibility to make sure application

meets the requirements)

Order of Appointment EC §452.003

The order appointing a temporary administrator must:

designate the appointee as "temporary administrator" of the decedent's estate;

specify the period of the appointment, which may not exceed 180 days unless the

appointment is made permanent under Section 452.008;

define the powers given to the appointee; and

set the amount of bond to be given by the appointee.

Bond must be filed within 3 days of being set (holidays/weekends excluded)

If Bond in the format of Cash Bond, place in to Registry of Court

Surety Bond needs to be approved by the Judge

Clerk may issue Letters once bond and oath have been received.

Oath requirements EC §305.053

Issuance of Letter of Temporary Administration EC §452.005

Not later than the third day after the date an appointee qualifies as temporary

administrator, the county clerk shall issue to the appointee letters of temporary

administration that list the powers to be exercised by the appointee as ordered by the

court. (In order to prevent clerical errors, attached a certified copy of the Order to the

letters)

Notice of Appointment EC §452.006

*a) On the date the county clerk issues letters of temporary administration: (1) the county clerk shall post on the courthouse door a notice of the appointment to all interested persons; and (2) the appointee shall notify, by certified mail, return receipt requested, the decedent's known heirs of the appointment. (b) A notice required under Subsection (a) must state that: (1) an heir or other interested person may request a hearing to contest the appointment not later than the 15th day after the date the letters of temporary administration are issued; (2) if no contest is made during the period specified by the notice, the appointment continues for the period specified in the order appointing a temporary administrator; and (3) the court may make the appointment permanent.

(*Instances have occurred where Letters were not requested or issued. Go ahead and issue the Notice

required under this section)

Permanent Appointment EC §452.008

At the end of a temporary administrator's period of appointment, the court by written order may

make the appointment permanent if the permanent appointment is in the interest of the estate.

Accounting EC §452.151

ACCOUNTING. At the expiration of a temporary appointment, the temporary administrator shall file

with the court clerk:

(1) a sworn list of all estate property that has come into the temporary administrator's possession; (2) a return of all sales made by the temporary administrator; and (3) a full exhibit and account of all the temporary administrator's acts as temporary administrator.

Sec. 452.152. Closing Temporary Administration

(a) The court shall act on the list, return, exhibit, and account filed under Section 452.151.

(b) When letters of temporary administration expire or become ineffective for any cause, the

court immediately shall enter an order requiring the temporary administrator to promptly

deliver the estate remaining in the temporary administrator's possession to the person legally

entitled to possession of the estate.

(c) On proof of delivery under Subsection (b), the temporary administrator shall be discharged

and the sureties on the temporary administrator's bond shall be released as to any future

liability.

Temporary Administration Quick Reference Guide

o Application Filed

o Judge hears case

o Order Appointing Temp. Administrator is issued by Judge and should

include Powers and Duties of Temp. Administrator as well as set

bond.

o Oath and Bond should be received by Clerk within 3 day of Order

Appointing (holidays/weekends excluded)

o Clerk issues Letters with Certified Copy of Order attached

o Clerk issues Notice to “All Interested Persons” that Temp. Admin has

been granted

o Order granting Temp. Admin. is good for 180 days

o If Temporary does not turn to permanent, then an Accounting and

Order Closing should be entered.

o Clerk should receive order to release bond, if cash bond was posted.

Posted Citation – Application for Sale of Real Property

STATE OF TEXAS

COUNTY OF POTTER

To all persons interested in the Estate of:

____________________________________________________________________________________________,

Subject, Cause No. ________________, in the County Court of Potter County, Texas

_____________________________________________ filed in the County Court of Potter County, Texas, on the ______ day

of _________________, 20 ______, an application for an order to sell the following real property of

_______________________________________________________________________’s Estate situated in _____________________

County, Texas. Legal description and physical address of property being sold as follows:

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

This Application and any opposition to it may be acted on by the Court at any call of the docket on or after the _________

day of _________________, 20_____ at 10:00 A.M., that being the first Monday next after the expiration of ten days from the date

of posting this citation at the Potter County Courthouse, 500 S. Fillmore, Amarillo, Texas. All persons interested in this case are cited

to appear before this Honorable Court by filing a written contest or answer to this Application should they desire to do so. To

ensure its consideration, you or your attorney must file any objection, intervention, or response in writing with the County Clerk

of Potter County, Texas on or before the above-noted time and date.

The officer executing this citation shall post the copy of this citation at the Courthouse door of the County in which this

proceeding is pending, or at the place in or near the Courthouse where public notices customarily are posted, for not less than ten

days before the return day thereof, exclusive of the date of posting and shall return the original copy of this citation to the clerk

stating in a written return thereon the time when and the place where he posted such copy.

GIVEN UNDER MY HAND AND SEAL of said Court of Potter County, Texas at the office of the County Clerk in Amarillo, Potter

County, Texas, on the ________ day of _________________________________, 20_________.

JULIE SMITH, County Clerk, Potter County, Texas

500 S. Fillmore, Room 201, Amarillo, Tx 79101

P.O. Box 9638, Amarillo, Texas 79105-9638

By Deputy: ____________________________________

_____________________________________

ATTORNEY FOR APPLICANT:

_______________________________________

_______________________________________

_______________________________________

_______________________________________

-------------------------------------------------------------------------Officer’s Return------------------------------------------------------------------------------

Came to hand on the _________ day of __________________________ at ____________o’clock _____.M., and executed on the

_________day of _________________. ______, by posting a copy of the above citation for ten days, exclusive of the day of posting,

before the return date hereof, at the County Courthouse door of Potter County, Texas, or at the place in or near the Potter County

Courthouse where public notices customarily are posted.

To certify which witness my hand officially. Brian Thomas

Potter County Sheriff

Potter County, Texas

By Deputy ______________________________________

______________________________________________

Printed Name of Deputy

Fees Paid $____________

Temporary Restraining Order

THE STATE OF TEXAS,

To: Lettie Helen Harrell

4624 Valerie Street

Bellaire, TX 77401

Greetings:

Whereas Samuel Edward Harrell filed a petition in the County Court at Law No. 1 of Potter County,

Texas, on this the 8th day of August, 2016, in a suit numbered 604-1 on the docket of said Court, wherein

Samuel Edward Harrell, Plaintiffs, and Defendants, alleging, all of which is more fully shown by a true and

correct copy of plaintiff’s petition which is attached hereto; and upon presentation of said petition to him and

consideration thereof, the Honorable W.F. “Corky” Roberts, Judge of said court, made the following order

thereon: August 8, 2016.

You are therefore commanded to desist and refrain from any and all of the following acts:

(a) Changing account names, authorizations, signers, or beneficiaries; moving or releasing funds or

assets; granting access to or any control over; or accessing accounts, assets or funds of Edward C.

Harrell, including without limitation accounts at the following financial institutions:

(1) Merrill Lynch;

(2) Juba Adams Wilson & Associates;

(3) Stout Safe Storage;

(4) Stout Gold and Silver

(5) Sprott Global Resource Investments, Ltd.

(b) Presenting a General Durable Power of Attorney to any financial institution where Edward C.

Harrell is an account holder, for purposes of moving, removing, using, spending, or shifting funds

and/or assets, of Edward C. Harrell, or changing or modifying account information, authorized

signers, or beneficiaries;

(c) Holding themselves out as attorney-in-fact of Edward C. Harrell;

(d) Otherwise using or acting or purporting to act for or on behalf of Edward C. Harrell, whether

through a General Durable Power of Attorney or otherwise

Until and pending the hearing of such petition upon plaintiff’s application for a temporary injunction before the

judge of said court on August 17, 2016 at 1:30 pm in the courtroom of the County Court at Law No. 1, 500 S.

Fillmore, Suite 405, Amarillo, Texas 79101 when and where you will appear to show cause why injunction

should not be granted upon such petition effective until final decree in such suit.

Issued the 10th day of August, 2016.

Given under my hand and seal of said Court of Potter County, Texas at the office of the Potter County

Clerk in Amarillo, Texas, on the 10th day of August, 2016

Julie Smith, County Clerk

County Court at Law No. 1, Potter County

By: ________________________________

Kourtney Bass

RETURN OF SERVICE Case No. ____________ Court #_________________ Style of Case: ________________________________________________ Executed when copy is delivered: This is a true copy of the original citation, was delivered to defendant ___________________________, on the _____ day of ______________________, 20_____. Sheriff Brian Thomas Potter County, Texas By:_______________________, Deputy ADDRESS FOR SERVICE: ___________________________________________________________________________________________

OFFICER’S RETURN Came to hand on the _____ day of ______________________, 20____, at _____________, o’clock ____.m., and executed in _______________________ County, Texas by delivering to each of the within named person, a true copy of this Citation with the date of delivery endorsed thereon, together with the accompanying copy of the ________________________, at the following times and places, to-wit: Name Date/Time Place, Course and Distance from Courthouse ______________________ ______________ ______ ___________________________________________ And not executed as to the defendant(s), _____________________________________________________________________ The diligence used in finding said defendant(s) being: _____________________________________________________________________________________ and the cause or failure to execute this process is: _____________________________________________________________________________________ and the information received as to the whereabouts of said defendant(s) being: _____________________________________________________________________________________ FEES: Serving Petition and Copy $________ Total $________ Sheriff Brian Thomas Potter County, Texas By:__________________________, Deputy ________________________________ Affiant

COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT.

In accordance with Rule 107: The officer or authorized person who serves, or attempts to serve, a citation shall sign the return. The signature is not required to be verified. If the return is signed by a person other than a sheriff, constable or the clerk of the court, the return shall be signed under penalty of perjury and contain the following statement: “My name is _______________________, my date of birth is _______________, and my address is (First, Middle, Last) ____________________________________________________________________________________. (Street, City, Zip) I DECLARE UNDER PENALTY OF PERJURY THAT THE FORGOING IS TRUE AND CORRECT. Executed in _____________County, State of ______, on the _________day of ___________________________. ______________________________ Declarant/Authorized Process Server ______________________________

(Id # & expiration of certification)

 

  

CERTIFICATIONASTOLETTERSOF_____________________________

THESTATEOFTEXASCOUNTYCOURT

CAUSENO.________________

ESTATEOF____________________________

I,JULIESMITH,CountyClerkandClerkoftheCountyCourt,inandforsaidCounty,doherebycertifythat_________________________________________qualifiedas_______________________________________oftheEstateof______________________________________________________,ProbateNo._________________________onthe________dayof___________________________,________.

Theaffidavitorclosingletterwasfiledinthisofficeon______________________________,_________.TOCERTIFYWHICH,WITNESSMYHANDANDOFFICIALSEALOFOFFICE,THIS_____________dayof_______________________,_________,atAmarillo,TX.

JULIESMITH,CountyClerk PotterCounty,Texas By:_____________________________,Deputy ________________________ 

THE ATTORNEYGENERAL OF TEXAS

AURTIN, TFXAS 78711

September 24, 1974

The Honorable Homer A. Davis County Attorney Hartley County Box 1110 D&hart, Texas 79022

Opinion No. H- 410

Re: Authority of county clerk to issue certified copy of letters testamentary after estate has been closed.

Dear Mr. Davis:

Your letter to us asks:

I would like to know what authority, if any, the County Clerk of Hartley County has to issue a Certified Copy of Letters Testamentary after an estate has been closed.

The duties of a county clerk as recorder of public records are determined by the Legislature in accordance with Article 5, 5 20 of the Texas Constitution. Article 1942, V. T. C. S., provides that county clerks shall be keepers of the records, books, papers and proceedings of their respective courts, including matters of probate. Article 6591, V. T. C. S., requires the clerk to record all instruments of writing “authorized or required to be recorded in the county clerk’s office . . . .” Article 6600, V. T. C. S., requires him to “give attested copies whenever demanded of all papers recorded in his office . . . .‘I Therefore, the answer to your question depends on whether the clerk is authorized to record letters testamentary.

We have not found any provision in the Texas Probate Code, or any other statute, which authorizes the clerk to record the letter testamentary itself. However, the clerk is authorized by the Texas Probate Code to record such facts as the name of the executor to whom letters testamentary

p. 1911

The Honorable Homer A. Davis page 2 (H-410)

are issued, Texas Probate Code, $13, and each order, judgment, decree and proceeding of the probate court, $15. Among the orders, decrees and judgments of the Probate Code which will appear in both the Judge’s Probate Docket, 5 13, and in the Probate Minutes, $15, will be a full and complete copy of the order granting letters testamentary.

The letters testamentary themselves, however, are not official orders; decrees or acts of the court such as the clerk is authorized to record.’ They are rather:

. . . a certificate of the clerk of the court granting the same, attested by the seal of such court, and stating that the executor . . . has duly qualified as such as the law requires, the date of such qualifica- tion, and the name of the deceased. Texas Probate Code, $183.

The distinction between facts which are required to be recorded and a letter testamentary is recognized in $186 of the Texas Probate Code which provides:

Letters testamentary, of administration, or of guardianship, or a certificate of the clerk of the court which granted the same, under the seal of such court, that said letters have been issued, shall be sufficient evidence of the appointment and qualification of the personal representative of an estate . . . and of the date of qualification.

The Legislature has not required the exhibit of a certified letter testamentary as evidence of an executor’s appointment and qualification. It is sufficient for the clerk when requested, simply to certify that letters testamentary have been issued.

Attorney General Opinion V-575 (1948) reached the same conclusion.

The County Clerk may not record in the probate minutes a copy of letters of administration,

p. 1912

, -. -

The Honorable Homer A. Davis page 3 (H-410)

testamentary or guardianships. Neither is he authorized to issue such letters to third persons. However, after such letters have been issued to the proper persons, the County Clerk may then issue a certificate of such facts which may appear of record.

Thus, the county clerk is authorized to certify from the record that letters testamentary were issued and any other recorded facts per- tinent to a particular estate. However, since letters testamentary are not authorized to be recorded in the probate records, the county clerk has no authority to issue certified copies of s~uch letters.

SUMMARY

Although a county clerk can certify from the record that letters testamentary were issued to a personal representative, the clerk has no authority to issue certified copies of letters testamentary.

// Attorney General of Texas

DAVID M. KENDALL, Chairman Opinion Committee

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Fee

LGC

133.

153(

a)(1

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Com

men

ted

[M

SOff

ice1

1]:

Judi

cial

GC

51.7

02(a

) & 5

1.70

3(a)

Com

men

ted

[M

SOff

ice1

2]:

Supp

ort o

f Jud

icia

ry L

GC 1

33.1

54

Com

men

ted

[M

SOff

ice1

3]:

COA

Fee

GC

22.2

081(

b) &

CC

orde

r 8/2

1/09

Com

men

ted

[M

SOff

ice1

4]:

Crt.

Reco

rds G

C 51

.708

(a)

Com

men

ted

[C

C-J

S15

]: Ju

dici

al &

Cou

rt P

erso

nnel

Tra

inin

g 9.

1.17

§10

1.08

111

GC

Com

men

ted

[js

16]

: G

C 51

.851

(b)

Com

men

ted

[jd

s17]

: Co

urt R

epor

ter G

C 51

.601

(a)

AD

DIT

ION

AL F

EES

*Inv

ento

ry &

App

rais

emen

t (fil

ed la

te)

Cl

erk’

s Fee

$2

5.00

Ju

dges

Sig

natu

re

2

.00

Tota

l $

25.0

0 *(

fee

char

ged

if fil

ed a

fter

the

90th

day

per

sona

l rep

rese

ntat

ive

qual

ifies

or a

fter

ex

tend

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eadl

ine

spec

ified

by

the

Cour

t)

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ms a

gain

st th

e Es

tate

Cler

k’s F

ee

$ 1

0.00

Ju

dges

Sig

natu

re

2

.00

Tota

l $

12.

00

Fees

for d

ocum

ents

file

d af

ter t

he O

rigin

al A

pplic

atio

n ha

s bee

n on

file

for 1

20 d

ays o

r aft

er th

e O

rder

App

rovi

ng th

e In

vent

ory

and

Appr

aise

men

t has

bee

n en

tere

d, w

hich

ever

occ

urs f

irst:

Annu

al A

ccou

nt o

r Fin

al A

ccou

nt o

f the

Est

ate

Cl

erk’

s Fee

$

25.

00

Judg

es S

igna

ture

2.0

0 To

tal

$ 27

.00*

*F

ees d

o no

t inc

lude

Issu

ance

/Ser

vice

of C

itatio

n Ap

plic

atio

n fo

r Sal

e of

Rea

l/Pe

rson

al P

rope

rty

Cl

erk’

s Fee

$

25.

00

Judg

es S

igna

ture

2.0

0 To

tal

$ 27

.00*

*F

ees d

o no

t inc

lude

Issu

ance

/Ser

vice

of C

itatio

n An

nual

or F

inal

Rep

ort o

f Gua

rdia

n of

Per

son

Cl

erk’

s Fee

$

10.

00

Judg

es S

igna

ture

2.

00

Tota

l $

12.

00*

Docu

men

t ove

r 25

page

s Cl

erk’

s Fee

$

25.

00

Tota

l $

25.

00*

*plu

s $2.

00 fo

r Jud

ge’s

sign

atur

e (if

ord

er p

rese

nted

or a

pplic

able

)

Com

men

ted

[js

18]

: LG

C 11

8.05

2(2)

(B)(i

) & 1

18.0

56(d

)

Com

men

ted

[js

19]

: LG

C 11

8.05

2((2

)(D) &

118

.058

)

Com

men

ted

[js

20]

: LG

C 11

8.05

2(2)

(B)(i

v)

Com

men

ted

[js

21]

: LG

C 11

8.05

2(2)

(B)(v

)

Com

men

ted

[js

22]

: LG

C 11

8.05

2(2)

(B)(v

i)

Com

men

ted

[js

23]

: LG

C 11

8.05

2(2)

(B)(v

ii)

Fee

s do

not i

nclu

de Is

suan

ce/S

ervi

ce o

f Cita

tion

Bond

s (la

te fe

e)

$3.0

0 pl

us $

2.00

for J

udge

s sig

natu

re

•

Oat

hs

$ 2.

00

• Is

suan

ce o

f Let

ters

(Tes

tam

enta

ry, G

uard

ians

hip,

Adm

in.)

$

2.00

•

Issu

ance

of A

bstr

act o

f Jud

gmen

t

$

5.0

0 •

Issu

ance

of C

itatio

n, N

otic

e, S

ubpo

ena

$ 4

.00

• Ju

ry F

ee (i

f req

uest

ed)

$ 40

.00

• Ju

dge’

s Sig

natu

re

$ 2

.00

per e

ach

Ord

er si

gned

by

Judg

e Ap

plic

atio

n Fo

r Suc

cess

or G

uard

ian/

Exec

utor

& A

pplic

atio

ns fi

led

with

in E

xist

ing

Esta

te

Cler

ks F

ee

$40.

00

Cour

thou

se S

ecur

ity

5

.00

Cour

t Ini

tiate

d Gu

ardi

ansh

ip

20.

00

Reco

rds M

anag

emen

t

5.0

0 In

dige

nt L

egal

Ser

vice

s

10.0

0 St

atew

ide

eFili

ng F

ee

30

.00

Judi

cial

& C

ourt

Per

sonn

el

Trai

ning

5.0

0

Tota

l $1

15.0

0*

*plu

s $2.

00 fo

r Jud

ge’s

sign

atur

e F

ees d

o no

t inc

lude

Issu

ance

/Ser

vice

of C

itatio

n Ad

vers

e Ac

tions

Cr

oss A

ctio

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rigin

al P

etiti

ons f

iled

w/in

cas

e)

Obj

ectio

ns/O

ppos

ition

Co

ntes

t In

terv

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Cler

ks F

ee

40.0

0 Co

urth

ouse

Sec

urity

5

.00

Cour

t Ini

tiate

d Gu

ardi

ansh

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20.0

0

Reco

rds M

anag

emen

t 5

.00

In

dige

nt L

egal

Ser

vice

s 10

.00

Stat

ewid

e eF

iling

Fee

30

.00

Com

men

ted

[jd

s24]

: LG

C 11

8.05

2(2)

(B)(i

i)

Com

men

ted

[jd

s25]

: LG

C 11

8.05

2(2)

(B)(i

ii)

Com

men

ted

[jd

s26]

: LG

C 11

8.05

2(3)

(D)

Com

men

ted

[js

27]

: LG

C 11

8.05

2(1)

(C)(i

)

Com

men

ted

[jd

s28]

: LG

C 11

8.05

2(3)

(A) &

118

.059

Com

men

ted

[jd

s29]

: LG

C 11

8.10

1

Com

men

ted

[jd

s30]

: LG

C 11

8.05

2(2)

(A)(i

)

Com

men

ted

[js

31]

: G

C §5

1.85

1

Com

men

ted

[C

C-J

S32

]: Ju

dici

al &

Cou

rt P

erso

nnel

Tra

inin

g §1

01.0

8111

GC

9.1.

17

Com

men

ted

[jd

s33]

: LG

C 11

8.05

2 (2

)(C)

Com

men

ted

[jd

s34]

: LG

C 11

8.05

2(2)

(E)

Com

men

ted

[jd

s35]

: LG

C 11

8.05

2(3)

(G) &

LGC

118

.064

5

Com

men

ted

[jd

s36]

: LG

C 13

3.15

3(a)

(1)

Judi

cial

& C

ourt

Pe

rson

nel T

rain

ing

5.0

0

Tota

l $1

15.0

0*

*plu

s $2.

00 fo

r Jud

ge’s

sign

atur

e (if

ord

er p

rese

nted

or a

pplic

able

) F

ees d

o no

t inc

lude

Issu

ance

/Ser

vice

of C

itatio

n

Will

s for

Saf

ekee

ping

Cl

erks

Fee

5.

00

Cour

thou

se S

ecur

ity

1.00

Re

cord

s Man

agem

ent

5.00

To

tal

11.0

0 Re

gist

ry H

andl

ing

Expe

nses

(C

lerk

s Fee

) In

tere

st b

earin

g =

10%

of i

nter

est

Non

-Inte

rest

bea

ring

5% o

f with

draw

al n

ot to

exc

eed

$50.

00

Co

py &

Misc

ella

neou

s Fee

s Ce

rtifi

ed C

opie

s

$5

.00

(Cle

rks C

ertif

icat

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Fee

for e

ach

page

$1

.00

(per

pag

e)

Non

-Cer

tifie

d co

pies

$1.0

0 pe

r pag

e Au

then

ticat

ed/E

xem

plifi

ed/3

Way

Cop

ies

$7

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(5.0

0 Cl

erk’

s Cer

tific

atio

n/$2

.00

for J

udge

’s S

igna

ture

) Ce

rtifi

cate

of F

act C

once

rnin

g Re

cord

$5.0

0 Fa

x/Em

ail f

ees

$5.0

0 (c

over

s 1-5

pag

es, p

age

6 &

up

$1.0

0 pe

r pag

e)

$5

.00

flat f

ee if

no

pape

r cop

ies h

ave

to b

e m

ade

Cert

ified

Mai

l Ser

vice

of P

roce

ss fe

e is

the

sam

e as

She

riff

$9

0.00

(plu

s iss

uanc

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POTT

ER C

OU

NTY

DO

ES N

OT

COLL

ECT

OU

T O

F CO

UN

TY S

ERVI

CE F

EES

Com

men

ted

[C

C-J

S37

]: Ju

dici

al &

Per

sonn

el T

rain

ing

§101

.081

11 G

C 9.

1.17

Com

men

ted

[jd

s38]

: LG

C 11

8.05

2(3)

(E)

Com

men

ted

[jd

s39]

: LG

C 29

1.00

8(d)

Com

men

ted

[jd

s40]

: LG

C 11

8.05

2(3)

(G)

Com

men

ted

[jd

s41]

: LG

C 11

7.05

4(b)

(1)

Com

men

ted

[jd

s42]

: LG

C 11

7.05

5(a)

Com

men

ted

[jd

s43]

: LG

C 11

8.05

2(3)

(B)

Com

men

ted

[jd

s44]

: LG

C 11

8.05

2(3)

(C)

Com

men

ted

[jd

s45]

: LG

C 11

8.05

2(3)

(C)

Com

men

ted

[jd

s46]

: LG

C 11

8.05

2(3)

(B)

Com

men

ted

[jd

s47]

: LG

C 11

8.05

2(3)

(F) &

118

.063

Regi

stra

tion

of P

rivat

e Pr

ofes

sion

al G

uard

ian

Cler

ks F

ee

40.0

0 To

tal

40.0

0 C

omm

ente

d [

jds4

8]:

HB 2

080

(201

3 Le

gisla

tion)

CIVI

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ES (O

THER

)

(eff

ectiv

e 9/

1/20

17)

Bond

For

feitu

re O

rigin

al A

ctio

n

Caus

e of

Act

ion→

Fees↓

Abst

ract

of J

udgm

ent,

Exec

utio

n,

Ord

er o

f Sal

e, W

rit o

r Oth

er

Proc

ess

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For

feitu

re O

rigin

al A

ctio

n

Cler

k’s F

ee

$5.0

0 *4

4.00

Law

Lib

rary

35.0

0

Alte

rnat

e Di

sput

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solu

tion

15.0

0 Sh

eriff

Fee

$1

80.0

0 **

90.0

0 Re

cord

s M

anag

emen

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5.00

Co

urth

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Sec

urity

Fee

5.00

In

dige

nt L

egal

Ser

vice

s

10.0

0 Ju

dici

al F

und

40

.00

Cour

t of A

ppea

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5.00

Cour

t Rec

ords

Pre

serv

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10.0

0

Stat

ewid

e eF

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Fee

30.0

0

Baili

ff Fe

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5.00

Judi

cial

& C

ourt

Per

sonn

el T

rain

ing

5.

00

Tota

l ♦

$2

99.0

0 *V

arie

s dep

endi

ng o

n iss

uanc

e (a

dd $

4.00

for e

ach

addi

tiona

l iss

uanc

e)

** F

ees s

how

n ar

e fo

r Pot

ter C

o. S

herif

f. If

cita

tion

is se

rved

by

Cert

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l the

Cou

nty

Cler

k w

ill re

ceiv

e th

e sa

me

as S

herif

f PO

TTER

CO

UN

TY D

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NO

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LLEC

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UT

OF

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NTY

FEE

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dd $

15.0

0 Co

urt R

epor

ter F

ee fo

r cas

es fi

led

in C

CL

Jury

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(if r

eque

sted

)

$40.

00

Issu

ance

of C

itatio

n, S

ubpo

ena,

Not

ice,

etc

. (O

rigin

al &

One

(1) c

opy)

$4

.00/

set

Issu

ance

of A

bstr

act o

f Jud

ge

$ 5.

00

Com

men

ted

[jd

s49]

: Pe

r AG

opi

nion

11/

21/0

6 G

A-04

86 th

e $3

7.00

(now

$42

.00)

filin

g fe

e (Ju

dici

al S

uppo

rt fe

e) i

n LG

C 13

3.15

4(a)

doe

s not

app

ly to

Bon

d Fo

rfei

ture

s

Com

men

ted

[jd

s50]

: LG

C 11

8.05

2

Com

men

ted

[jd

s51]

: Lg

c 32

3.02

3(a)

Com

men

ted

[jd

s52]

: AD

RC C

ivil

Prac

tices

& R

emed

ies

152.

004(

a)

Com

men

ted

[jd

s53]

: Sh

eriff

Fee

LGC

118.

052(

3)(F

) & 1

18.1

31

Com

men

ted

[jd

s54]

: RM

LG

C 11

8.05

2(3)

(G)

Com

men

ted

[jd

s55]

: CH

Sec

. LG

C 29

1.00

8(a)

Com

men

ted

[jd

s56]

: In

dige

nt F

ee LG

C 13

3.15

3(a)

(i)

Com

men

ted

[jd

s57]

: Ju

dici

al F

ee G

C 51

.702

(a) &

51.

703(

a)

Com

men

ted

[jd

s58]

: CO

A Fe

e G

C 22

.208

1(b)

& C

C or

der

8/21

/09

Com

men

ted

[jd

s59]

: C

rt. R

ecor

ds G

C 51

.708

(a)

Com

men

ted

[js

60]

: G

C 51

.851

(b)

Com

men

ted

[js

61]

: LG

C 11

8.13

1 &

by

CC o

rder

of

8.24

.15.

Fe

e w

as n

ot re

port

ed to

Com

ptro

ller i

n 20

15 so

we

coul

d no

t co

llect

unt

il it

was

repo

rted

to C

ompt

rolle

r in

2016

.

Com

men

ted

[C

C-J

S62

]: Ju

dici

al &

Cou

rt P

erso

nnel

Tra

inin

g 9.

1.17

GC

§101

.081

11

Com

men

ted

[jd

s63]

: Sh

eriff

Fee

LGC

118.

052(

3)(F

) & 1

18.0

63

Com

men

ted

[jd

s64]

: Co

urt R

epor

ter F

ee G

C 51

.601

(a)

Com

men

ted

[jd

s65]

: Ju

ry F

ee R

CP R

ule

216

& G

C 51

.604

(a)(c

)

Com

men

ted

[jd

s66]

: LG

C 11

8.05

2(3)

(A) &

118

.059

Mis

c. F

ees

LIQ

UO

R LI

CEN

SE

Cl

erks

Cer

tific

ate

$ 5

.00

Pr

otes

ted

Appl

icat

ion

Fee

$

25.0

0

COM

MIT

MEN

T CA

SES

Cler

ks F

ee

40.0

0 Ju

dici

al F

und

40.0

0 Co

unty

Att

orne

y 50

.00

Prob

ate

Educ

atio

n 5.

00

Sher

iff

90.0

0*

Law

Lib

rary

35

.00

Supp

ort o

f Jud

icia

ry

42.0

0 Co

urt o

f App

eals

5.00

Co

urt R

ecor

ds P

rese

rvat

ion

10.0

0 Re

cord

s Man

agem

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5.00

Co

urth

ouse

Sec

urity

5.

00

Indi

gent

Leg

al S

ervi

ces

10.0

0 St

atew

ide

eFili

ng F

ee

30.0

0 Ju

dici

al &

Cou

rt P

erso

nnel

Tr

aini

ng

5.00

Tota

l **

342.

00

*Am

ount

subj

ect t

o ch

ange

dep

endi

ng o

n #

of N

otic

es &

mile

age

**

Tot

al d

oes n

ot in

clud

e fe

es fo

r Cou

rt A

ppoi

nted

Att

orne

ys o

r

Exam

iner

s and

will

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y ba

sed

on h

earin

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eede

d fo

r pat

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.

ALL

DO

CKET

S

Non

-cer

tifie

d Co

py

$1.0

0/pa

ge

Cert

ified

cop

y

$1.0

0/pa

ge +

$5.

00 C

lerk

’s C

ertif

icat

e

Auth

entic

ated

/Exe

mpl

ified

/3 w

ay c

opy

fee

$7.0

0 ($

5.00

Cle

rks C

ertif

icat

ion/

$2.0

0 fo

r Jud

ge’s

sign

atur

e)

Cert

ifica

te o

f Fac

t Con

cern

ing

Reco

rd:

$5.0

0

(upd

ated

12.

31.1

8)

Com

men

ted

[js

67]

: SB

103

5 ef

fect

ive

9/1/

13

Com

men

ted

[jd

s68]

: LG

C 11

8.05

2

Com

men

ted

[jd

s69]

: Ju

dici

al F

ee G

C 51

.702

(a) &

51.

703(

a)

Com

men

ted

[jd

s70]

: CO

. Att

y Fe

e Tx

. Hea

lth &

Saf

ety

Code

57

4.03

1(k)

Com

men

ted

[jd

s71]

: Pr

obat

e Ed

. LG

C 11

8.05

2(2)

(A)(v

i) &

LG

C 11

8.06

4

Com

men

ted

[jd

s72]

: Sh

eriff

Fee

LGC

118.

131

Com

men

ted

[jd

s73]

: La

w L

ibra

ry L

GC 3

23.0

23(a

)

Com

men

ted

[jd

s74]

: Su

ppor

t of J

udic

iary

LGC

133

.154

Com

men

ted

[jd

s75]

: CO

A Fe

e G

C 22

.208

1(b)

& C

C or

der

8/21

/09

Com

men

ted

[jd

s76]

: Cr

t. Re

cord

s GC

51.7

08(a

)

Com

men

ted

[jd

s77]

: RM

Fee

LGC

118.

052(

3)(G

)

Com

men

ted

[jd

s78]

: CH

Sec

urity

LGC

291.

008(

a)

Com

men

ted

[jd

s79]

: In

dige

nt L

GC

133.

153(

a)(1

)

Com

men

ted

[js

80]

: G

C 51

.851

(b)

Com

men

ted

[C

C-J

S81

]: Ju

dici

al &

Cou

rt P

erso

nnel

Tra

inin

g 9.

1.17

GC

§101

.081

11

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