Effective11/8/2017
Cause No. _________________
In Re: THE ESTATE OF § IN THE PROBATE COURT
§
, § OF
§
DECEASED § DENTON COUNTY, TEXAS
HEARING REQUEST FORM LETTERS TESTAMENTARY
UNCONTESTED APPLICANT IS NAMED INDEPENDENT EXECUTOR IN WILL FOR
To obtain a setting, complete the appropriate Hearing Request Form and email to
hearingrequest@dentoncounty.com. A hearing will not be set until all boxes have been checked or
marked as not applicable. The Probate Staff will review the file to make sure all necessary steps
have been completed. If a step has not been completed, you will receive an email from the Probate
Staff. Once the Probate Staff has approved the Hearing Request Form, the staff will email you the
following docket entry has been made: Hearing Request Form Approved. After the Hearing
Request Form has been approved, please contact the Probate Court Coordinator to obtain a setting
that is convenient for you.
1. Copy of will filed with Application. Application includes last 3 digits of
Applicant’s and Decedent’s SSN and DL or explains why omitted as required by
Texas Estates Code §256.052.
2. You are required to present the Court an Original Death Certificate at the
prove up hearing.
3. General Citation has been posted.
***Denton County Clerks’ Office REQUIRES a Citation Request Form be
completed in order to obtain citations. The Clerks’ Citation Request Form is
found on the Denton County website at:
http:dentoncounty.com/departments/county-courts/probate-court.aspx***
4. Original will filed within 3 days of the filing of Application. TRCP §21(f)(12)
(Must be on file at least 10 days prior to hearing.)
(MARK ONLY IF APPLIES)
o 5. If Will filed after the four-year period for probate, Applicant has
complied with Texas Estates Code §258 subchapter B.
o 6. If probating a copy of a will, Applicant has complied with Texas
Estates Code §257.053 and §258.002
o 7. If Applicant is other than first named executor in the will, the
renunciation of right to serve has been filed and/or the cause of
ineligibility of first named executor has been plead.
CauseNo.–OriginalWillFiled Page2
8. Proper inquiries have been made and the Designated Independent Executor is
qualified to serve under Texas Estates Code §304.003.
9. Testimony admitted into evidence must be reduced to writing. Proof of Death and
Other Facts have been prepared and filed with the Court. Bring a copy of the
Proofs with you the day of Prove-Up in order they can be signed in front of the
Judge. Texas Estates Code §256.157. If testimony is by written deposition, it
must comply with Texas Estates Code §51.203 and with the Texas Rules of Civil
Procedure.
10. Oath has been prepared for the Independent Executor in accordance with
Texas Estates Code §305.051
IT IS STRONGLY ADVISED THAT YOU BRING A DIGITAL VERSION OF YOUR
DOCUMENTS IN WORD FORMAT IN THE EVENT CHANGES NEED TO BE MADE.
As attorney for the Applicant, before submitting this request, I verify by signing below that
each of the above-listed items has been completed, that I have complied with all procedural and
statutory requirements of the Texas Estates Code Chapter 256, and that this matter is ready to be
set on the Probate Court’s uncontested docket. I understand that if an above-listed item has not
been completed, this matter will not be set on the Court’s docket until all items on the checklist
have been completed and submitted to hearingrequest@dentoncounty.com
Respectfully Submitted,
_________________________
Attorney Name:
SBN:
Address:
Phone:
Email: