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FAQs

Frequently Asked Questions

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Q:
I need to file a will for probate, a probate case, or a guardianship. What do I do now?
A:
Contact your attorney. While you may represent yourself in some lawsuits, you 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.

Q:
How can I schedule a hearing?
A:
Contact the Probate Court at (512) 854-9258.

Q:
When is the uncontested docket heard?
A:
View the complete schedule of hearings on the Probate Court website.

Q:
What if I cannot afford my court costs?
A:
If you are indigent (suffering from financial hardship as defined by the Texas Rules of Civil Procedure ), you may want to complete an Affidavit of Inability to Pay Costs PDF as described in those rules and file it with your petition or application. These forms are also available at the Civil/Probate counter in Room 222 of the Courthouse. If you are represented by an attorney and are considered indigent under Texas Rules, your attorney may present a statement that the representation is pro bono (in other words, free). If the application is for any administration of an estate, including an estate of a ward in a guardianship case, it would be most unusual for an indigence claim to be filed, since the estate may pay for such costs.

Q:
How do I get money that has been deposited in the court registry?
A:

The Court may order the Clerk to disburse money from the court registry. Please complete the attached motion PDF and order PDF. You may mail them or efile them, if you wish. You may bring them to the Court’s uncontested docket (8:30 to 9:00 am and 1:30 to 2:00 pm each business day). You need to bring with you an identification card or document with your photograph (valid driver’s license, passport, etc.) for the Clerk to authorize payment. If the money has been in an interest-bearing account, bring the photo ID, birth certificate, and Social Security card.

If the money was deposited for a child, bring your driver’s license or passport, your photo ID, and a certified copy of your birth certificate. If the name of the child has been changed, please bring documentation (e.g., adoption order, marriage certificate, order to change name) to support the name change.

All mailed documents must be witnessed and signed by a notary.

Bring a completed IRS Form W-9 (available at www.irs.gov ) if you do not have one on file with our office completed in the past five years.

You should receive a check in six weeks.

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