Effective11/8/2017
Cause No. _________________
In Re: THE ESTATE OF § IN THE PROBATE COURT
§
, § OF
§
DECEASED § DENTON COUNTY, TEXAS
HEARING REQUEST FORM
UNCONTESTED INTESTATE ESTATE - EST §401.003
INDEPENDENT ADMINISTRATION BY AGREEMENT
To obtain a setting, complete the appropriate Hearing Request Form and email it 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. A Determination of Heirship under Texas Estates Code Chapter 202 Hearing
Request Form has been completed and filed. Texas Estates Code §401.003(b)
2. 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.
3. You are required to present the Court an Original Death Certificate at the
prove up hearing.
4. 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**
5. The proper inquiries have been made and the designated Independent
Administrator is qualified to serve. Texas Estates Code §304.003.
6. All Distributees have agreed and consented to creating an Independent
Administration of the estate and the proper documents evidencing all distributees’
consent have been filed with the Court. Texas Estates Code §401.003
CauseNo.‐Chapter401IndependentAdministration Page2
7. All Distributees have agreed collectively on the designation of a qualified person,
firm, or corporation to serve as Independent Administrator and the proper
documents evidencing all distributees’ consent have been filed with the Court.
Texas Estates Code §401.003
8. All Distributees have been served with citation and notice of the Application, or
proper waivers for the issuance of citation have been filed, or the distributee has
entered an appearance in Court. Texas Estates Code §401.004(b)
(MARK ONLY IF APPLIES)
9. If requesting waiver of bond, the proper waiver(s) must be filed with the Court
evidencing all distributees’ understanding that a bond is required and that they are
waiving the requirement for the Independent Administration to be bonded. Texas
Estates Code §401.005
10. 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.
11. Oath has been prepared for the Independent Administrator in accordance with
Texas Estates Code Chapter 305.
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 401.003, 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 emailed to hearingrequest@dentoncounty.com.
Respectfully Submitted,
_________________________
Attorney Name:
SBN:
Address:
Phone:
Email: