Effective11/8/2017
Cause No. _________________
In Re: THE ESTATE OF § IN THE PROBATE COURT
§
, § OF
§
DECEASED § DENTON COUNTY, TEXAS
HEARING REQUEST FORM
UNCONTESTED MUNIMENT OF TITLE
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 copy of the will was filed with Application. Application includes last three
digits of Applicant’s and Decedent’s SSN and DL, or explains why omitted as
required by Texas Estates Code §257.051(a).
2. An Original Death Certificate must be produced to the Court during the
Prove up hearing.
3. 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 was filed within 3 days of the date Application filed.
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 Codes §257.053 and §258.002.
o 7. If Applicant is other than the first named executor in the Will, reason
first named executor has not filed Application for Muniment of Title.
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8. 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.
9. All “Proof of Facts” and proposed Orders include a statement concerning a
Medicaid status such as: “No Medicaid benefits were received after March
1, 2005”; “Medicaid benefits were received after March 1, 2005 and have
been repaid”; or if benefits were received and not repaid, Applicant must file
a Medicaid Estate Recovery Program (MERP) certification that decedent’s
estate is not subject to a MERP claim.
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 257, 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: