County Court at Law 2
New - Texas Supreme Court Civil Case E-Filing Mandate
to take effect on after 7-1-14
Show Cause: 8:30 a.m. (Fridays at 9:00 a.m. in 2015)
Wills/Administrations/Heirships: 9:00 a.m.
Muniments of Title: 10:30 a.m.
Guardianships: 11:00 a.m.
CONTESTED MATTERS are set by appointment (typically Thursday or Friday afternoon).
SUBMISSION DOCKET: The Court's submission docket is every Thursday at 9:00 a.m
Applicants on the uncontested docket must have all necessary filings completed at least two days prior to the docket. Failure to do so will result in removal from the docket.
Applicants on the uncontested docket wishing to submit testimony via deposition on written questions must file the deposition response at lease two days prior to the docket. Attorneys, please see TRCP 203.2 and 203.3 and ensure compliance therewith when submitting depositions on written questions!
Court's Policy on Mediation: When ordered to attend mediation it is the policy of this Court that mediation is not complete until the parties AND their attorneys appear for the entire mediation IN PERSON. Appearing via telephone is not permitted unless by specific permission from this Court.
NEW AS OF 2014: CHECK OUT §202.057 requiring an affidavit of notice for heirships --- orders cannot be signed without this affidavit!!!
Heirship proceedings are required for 401.003 proceedings. Proposed orders for heirship proceedings must comply with the intestate distribution laws. Even if the applicant is claiming the estate consists of only community property, the order must address distribution of separate property as the court is not making a finding as to the character of the property. Click here for more information!
Applicant must appear with two disinterested witnesses to prove up heirship.
All heirs must waive service or in compliance with Texas Estates Code §§ 51.101, 51.051, 51.053, 51.054, 202.051 and 202.054 be served citation via the Montgomery County Clerk. Return receipts will not be accepted from attorneys!!!
A $400.00 fee will be charged upon filing a heirship proceeding to cover all or some portion of the ad litem fees. A separate check will be required by the County Clerk to cover this fee. Ad litems may petition the Court to remove the funds from the registry as payment for services rendered. Please click here for more information. Please click here for a form order for payment from the registry.
When an attorney ad litem is ordered paid, the Texas Supreme Court has declared the order must be a seperate order and not a part of the Heirship order. Misc. Docket No. 94-9143 (Sept. 21, 1994).
MUNIMENT OF TITLE PROCEEDINGS:
If the decedent applied for and received Medicaid benefits on or after March 1, 2005, then the Medicaid Estate Recovery Program may have a claim against the estate, thus affecting a muniment of title application. A certificate attesting to the status of a MERP Class 7 probate claim must therefore accompany the probate proceedings. If the claim has been waived, then please include the following sentence in the Order admitting the will to probate: “The Texas Department of Aging and Disability Services has waived any claim against the Decedent’s estate.”
If the decedent did not apply for and receive Medicaid benefits on or after March 1, 2005, then please include the following sentence in the Application, Proof of Death and Other Facts and the Order: "The Decedent did not apply for and receive Medicaid benefits on or after March 1, 2005."
A $400.00 fee will be charged upon filing a guardianship proceeding to cover all or some portion of the ad litem fees. A separate check will be required by the County Clerk to cover this fee. Ad litems may petition the Court to remove the funds from the registry as payment for services rendered. Please click here for more information. Please click here for a form order for payment from the registry.
If you know of an incapacitated person in Montgomery County you think is in need of a guardianship, please click HERE for the reporting form. Please complete the form and mail or fax it to the court.
Cash Bond Form Instructions:
1. Click here to obtain form;
2. Complete form;
3. Obtain judge's signature; and
4. File form and make cash deposit with the County Clerk of Montgomery County.