| Probate | Tuesday at 8:00 a.m.; Wednesday at 9:00 a.m. and 1:30 p.m. | | Heirship | Wednesday at 10:00 a.m. and 2:30 p.m. | | Guardianship | Tuesday at 9:00 a.m. | | Show cause | Thursday at 10:00 a.m. | | Scheduling/Status conferences | Thursday at 10:00 a.m. | | Pre-trial conferences | Thursday at 10:00 a.m | | Ancillary hearings | Tuesday at 10:30 a.m. |
| General | What days of the week does the Court hold hearings? | 1 |
All files are maintained in the Probate Division of the Harris County Clerk's office, 201 Caroline, 8th floor. | General | Where can I review a file or recently filed documents? | 2 |
The Court does not accept fax filings, except that courtesy copies of pleading filed in connection with contested matters set on the ancillary docket may be sent by fax. | General | Does the Court accept fax filings? | 3 |
All of the dockets of the Court can be found under the “Dockets” link on the Court web page. | General | What number am I on the docket? | 4 |
If your question pertains to whether a pending order has been signed, you may check that under the “Signed Orders” link on the Court web page. Otherwise, your question should be directed by telephone or e-mail to the appropriate member of the Court staff. | General | What is the status of this case? | 5 |
You may check whether a pending order has been signed under the “Signed Orders” link on the Court web page. If you do not have access to the Internet, telephone the Court and ask. | General | Has this order been signed? | 6 |
Contact the appropriate member of the Court staff by telephone or e-mail. The Court staff attempts to contact counsel with respect to any order that is not signed. | General | Can you tell me why this order wasn't signed? Why wasn't I notified? | 7 |
The Court does not keep physical possession of the files; they are maintained in the Clerk’s office. For the Court staff to obtain a file from the Clerk, review it and answer your question will take as much or more time than it will for you to do so, because you know what information it is you are seeking. The Court staff will assist you in extraordinary circumstances. | General | Can you look in the file and tell me something about a certain instrument? | 8 |
The attorneys in contested cases can be obtained from the Court web page. | General | Can you tell me who are all the attorneys in this case? | 9 |
To be appointed as an attorney ad litem in a guardianship case, an attorney must complete the course required by the Probate Code. Upon completion, send your completion letter and registration form to Yolanda.Lopez@prob.hctx.net , the court coordinator, with a resume and a request to be appointed. | General | How do attorneys get appointments from this Court? | 10 |
In very limited situations, the Court staff may be able to be of assistance in resolving the issues between you and your attorney. Otherwise, you should contact another attorney to assume your representation, or if appropriate, contact the State Bar of Texas. | General | Where do I complain if I'm not satisfied with the way my attorney is handling the case? | 11 |
All notices required to be given by the Texas Probate Code or the Texas Rules of Civil Procedure must be given in accordance with the Code and Rules. The Court has no other preference. | General | What means do you prefer to use for notice? | 12 |
An annual account must be filed within sixty (60) days of the anniversary of the Guardian’s date of qualification, which is the later of the date of filing of the Guardian’s oath and bond. An additional sixty (60) days is allowed for the Guardian to make any corrections required and for the Court to approve the accounting before the letters of guardianship expire. | Accountings | When does an annual account have to be filed in a guardianship? | 13 |
An annual account be filed within sixty (60) days of the anniversary of the personal representative’s date of qualification, which is the later of the date of filing of the personal representative’s oath and bond. | Accountings | When does an annual account have to be filed in an administration? | 14 |
The “anniversary date” is the anniversary of the date of qualification of the personal representative. The date of qualification is the later of the date the personal representative’s oath and bond are filed. The annual report is due on the anniversary date. The annual account is due within sixty (60) days of the anniversary date. | Accountings | Explain what an anniversary date is and when are the Annual Report and Annual Accountings due. | 15 |
A final report is required to close an guardianship of the person. A final account is required to close a guardianship of the estate. | Accountings | How do I close down a Guardianship of the Person and Guardianship of the Estate? | 16 |
Guardianship hearings are on Tuesday at 9:00 a.m. The hearings may be set with Coleton Mayo, the guardianship coordinator, or Yolanda Lopez, the court coordinator. | Guardianships (for difference between Temporary and Permanent go to #29) | When are Guardianship hearings usually heard and whom do I set them with? | 17 |
Neither the Court nor the County Clerk have forms for the application and other documents necessary for the creation of a guardianship. You may review active guardianship files in the Clerk’s office and obtain copies of documents, or you may go to the County Law Library and look at form books. | Guardianships (for difference between Temporary and Permanent go to #29) | Where do I get forms to file an application for guardianship? | 18 |
It takes an average of 4 to 6 weeks. | Guardianships (for difference between Temporary and Permanent go to #29) | How long does it take to put a Guardianship in place? | 19 |
- An application for guardianship is filed, or a doctor or social worker may send a letter requesting creation of Guardianship.
- A doctor’s letter is required before the Court Investigator is sent out to meet the proposed ward.
- The Court Investigator will file his report.
- An Attorney Ad Litem is appointed.
- The application is set for hearing.
| Guardianships (for difference between Temporary and Permanent go to #29) | What are the steps involved in creating a guardianship? | 20 |
The Court will select the attorney ad litem. If you are filing an application for guardianship, you should also file an application for appointment of an attorney ad litem and an order. | Guardianships (for difference between Temporary and Permanent go to #29) | Can I appoint the Attorney Ad Litem myself or does the Court do it? | 21 |
The guardian of the person is authorized to make decisions about health care, living arrangements, and similar matters, but has no authority to expend funds. The guardian of the estate has all rights and obligations to expend the ward’s funds, subject to prior court approval. | Guardianships (for difference between Temporary and Permanent go to #29) | What is the difference between Guardian of the Person and Guardian of the Estate? | 22 |
There is no specific amount of money that constitutes “indigency” under the Probate Code. A guardianship of the estate must be created if the ward has any other than de minimus funds. | Guardianships (for difference between Temporary and Permanent go to #29) | What amount of money must a proposed ward have to be considered an indigent in the Court? | 23 |
The “anniversary date” is the anniversary of the date of qualification of the guardian. The date of qualification is the later of the date the guardian’s oath and bond is filed. The annual report is due on the anniversary date. The annual account is due within sixty (60) days of the anniversary date. | Guardianships (for difference between Temporary and Permanent go to #29) | Explain what an anniversary date is and when are the Annual Report and Annual Accountings due. | 24 |
The letters of guardianship are the official certificate issued by the Clerk of the Court reflecting that the guardianship was created, and identifying the ward and the guardian. The letters of guardianship provide an expiration date on their face, one year plus 120 days after the anniversary date. | Guardianships (for difference between Temporary and Permanent go to #29) | Explain what Letters of Guardianship are. | 25 |
A final report is required to close an guardianship of the person. A final account is required to close a guardianship of the estate. | Guardianships (for difference between Temporary and Permanent go to #29) | How do I close down a Guardianship of the Person and Guardianship of the Estate? | 26 |
The creation of a guardianship is a very technical matter under the Probate Code. Numerous steps are required, and strict compliance with the Code is necessary. Although the court staff is as helpful as possible, they are not authorized to practice law, and cannot instruct a non-lawyer about all of the necessary matters that must be accomplished. | Guardianships (for difference between Temporary and Permanent go to #29) | Why do I need an attorney to represent me in a Guardianship? | 27 |
The attorney ad litem is appointed to represent the proposed ward in connection with the guardianship of an adult incapacitated person as soon as the court investigator files his report with the Court. The Attorney ad litem is appointed in connection with the guardianship of a minor as soon as the application is received by the Court. | Guardianships (for difference between Temporary and Permanent go to #29) | When will an ad litem be appointed in a guardianship? | 28 |
A temporary guardianship may be created without notice to the ward if the court has probable cause to believe that the incapacitated minor or adult person requires the immediate appointment of a guardian, without a formal doctor’s letter or hearing. There must be a hearing after notice within ten (10) days of the creation of the temporary guardianship. The temporary guardianship generally can not continue for more than sixty (60) days. Changes to Texas Probate Code §875, effective September 1, 2003, require a hearing in Harris County Probate Court No. 2 before a temporary guardianship can be granted. To initiate a temporary guardianship, the following must occur: - A sworn application must be filed with the County Clerk.
- The attorney for the applicant should immediately contact the guardianship coordinator of Probate Court No. 2, if the case is assigned to that Court, to schedule a hearing.
- The attorney should provide an order setting the hearing and appointing an attorney ad litem for the alleged incapacitated person.
- An attorney ad litem must be appointed immediately and must visit the alleged incapacitated person prior to the initiation hearing.
- The alleged incapacitated person has the right to attend the hearing, so must be served with notice prior to the hearing.
Since service is required prior to the hearing, the applicant may expedite service by requesting service by private process server under Texas Rules of Civil Procedure, Rule 103. A motion for Rule 103 service is required; no order is required if the process server is on the Harris County District Court approved list.
A permanent guardianship can only be created after notice is served on the ward, an attorney ad litem is appointed and a hearing is held. The permanent guardianship continues until the Court terminates the guardianship upon the death or restoration of capacity of the ward. | Guardianships (for difference between Temporary and Permanent go to #29) | What is the difference between a temporary guardianship and a permanent guardianship? | 29 |
This court generally requires the existence of a genuine emergency to create a temporary guardianship. The emergency usually will relate to the ward’s physical health or well-being, but may in some limited circumstances also involve mainly estate issues. The court’s reticence is based on the fact that a temporary guardianship requires a bond, inventory and final accounting, which significantly increases the fees and expenses of protecting the ward. If appropriate protection of the ward and the ward’s estate can be achieved by a less expensive means, the court would prefer it. | Guardianships (for difference between Temporary and Permanent go to #29) | What warrants the appointment of a temporary guardian? | 30 |
