HONORABLE NANCY TANNER Potter County Judge 500 S. Fillmore, Suite 103 Amarillo, Texas 79101 (806) 379-2250 Email: shannonbarnett@mypottercounty.com Court Policy Regarding "Pro Se" Applicants (Applicants without an Attorney) People who represent themselves in court are called "pro se" or "self-represented" litigants. You are not required to have a lawyer to file papers or to participate in a case in court. You have a right to represent yourself. However, a pro se 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. See Steele v. McDonald, 202 S. W. 3d 926 (Tex. App. - Waco, 2006.), and the authorities cited in that opinion. Therefore, individuals applying for letters testamentary, letters of administration, determinations of heirship, and guardianships of the person or estate must be represented by a licensed attorney. The only time a pro se applicant may proceed in court is when truly representing only himself or herself. Frequently Asked Questions Q: What is a pro se? A: A pro se is an individual who has not hired a lawyer and appears in court to represent himself and no other person or entity. Q: Can I still serve as an executor, administrator, or guardian even though I'm not a lawyer? A: Yes. One need not be a lawyer to serve as an executor, administrator, or guardian. However, the executor, administrator, or guardian must be represented by counsel. Q: But I'm the only one that needs letters testamentary. As executor, how would I be representing the interests of others? A: As executor of a decedent's estate, you don't represent only yourself. An executor represents the interests of beneficiaries and creditors. This responsibility to act for the benefit of another is known as a fiduciary relationship. It gives rise to certain legal obligations and responsibilities that require legal expertise. The attorney you hire 12.2017
represents you in your capacity as executor and assists you in representing those for whom you are responsible. Q: If I get the paperwork from a law library or the internet, can I fill it out and file it? Isn't that what lawyers do? A: Lawyers don't just fill out forms. Lawyers (1) determine what method of probate or guardianship is appropriate in a particular situation, (2) create or adapt any necessary paperwork, and (3) advise the client about the ongoing responsibilities of a fiduciary. Unless you are a lawyer, you're creating legal pleadings while acting as a fiduciary would constitute the unauthorized practice of law. Q: As a pro se, what proceedings can I do on my own? A: The only proceedings you can handle as a pro se are those in which you truly would be representing only yourself. For example, a pro se applicant may probate a will as a muniment of title when he or she is the sole beneficiary under the will, and there are no debts against the estate other than those secured by liens against real estate. This procedure can be a viable option in some situations, but not in others. Whether a muniment of title is the correct probate procedure for a particular situation is a legal decision best made by a lawyer. Q: What procedures should I follow if I want to probate a will as a muniment of title as a pro se applicant? A: As stated above, whether a muniment of title is the correct probate procedure for a particular situation is a legal decision best made by a lawyer; Court staff cannot guide you or advise what you should do in your case. If you decide to proceed with your case without an attorney, the County Law Library has reference materials that may be helpful. Note the following: (1) To probate a will as a muniment of title, each applicant must be able to swear on personal knowledge that there are no debts against the estate other than those secured by liens against real estate. Anyone falsely swearing that the estate has no creditors - including Medicaid estate recovery is subject to a perjury charge. (2) In a pro se application to probate a will as a muniment of title, all beneficiaries under the will must be applicants, and all beneficiaries must testify at the hearing. (3) The will being offered for probate must be the signed original, or you will need to follow the additional procedural requirements for proving up a will in court. You will need to research what's required for a self-proved will at the Law Library. If you discover that the will is a copy or is not self-proved, Court staff can give you information about what the additional procedural requirements are, but you will need to create all additional documents. 12.2017
POSTING OF NOTICE/CITATION: **Court has discretion to require posting beyond what's required in statute. EC 51.001 ***Issued upon request TRCP 99(a) 1 . Probate of Written Will produced in Court EC 258.001 Probate of Written Will not produced in Court EC 258.002 2. For Letters of Administration EC 303.001 3. Determination of Heirship - do posting and service EC 202.053 - posted in county of proceeding and county of last residence 4. Appointment of Temporary Administrator EC 452.006 5 . Notice to take Deposition on written questions EC 51.203 6. Notice of Sale of Real Property EC 356.253 7. Notice of Sale of Personal Property EC 356.102 8 . Reinstatement of Administrator EC 361.054 9. Successor Administrator (unless immediate necessity per court) EC 361.152 10 . Account for Final Settlement EC 362.005 NOTICE BY PERSONAL REPRESENTATIVE: 1. Notice to Holders of Secured or Recorded Claims EC 308.053 2. Notice to each beneficiary named in the Will EC 308.002 3. Execute Mineral Deed EC 358.054 4. Notice to heirs/beneficiaries on Acct. for Final Settlement EC 362.005 NO NOTICE NEEDED: 1. Successor Administrator (if court finds immediate need) EC 361.152
Posted Notice on Application for Letters Testamentary STATE OF TEXAS COUNTY OF POTTER TO ALL PERSONS INTERESTED IN THE ESTATE OF ______________________________________________________ _______________________________________________________, Deceased, Cause No. ________________ ___________________________________________________________, Applicant(s), filed in County Court of Potter County, Texas, on the _______ day of ________________, 20________, an _______________________________________________________________________________________________________ of ______________________________, Deceased, with the alleged will accompanying the application. This Application may be acted on by the Court at any call of the docket on or after the ______ day of _________________, 20____ at 10:00 A.M., that being the first Monday next after the expiration of ten days from the date of posting this citation at the Potter County Courthouse, 500 S. Fillmore, Amarillo, Texas. All persons interested in this case are cited to appear before this Honorable Court by filing a written contest or answer to this Application should they desire to do so. To ensure its consideration, you or your attorney must file any objection, intervention, or response in writing with the County Clerk of Potter County, Texas on or before the above-noted date and time. The officer executing this citation shall post the copy of this citation at the Courthouse door of the County in which this proceeding is pending, or at the place in or near the Courthouse where public notices customarily are posted, for not less than ten days before the return day thereof, exclusive of the date of posting and shall return the original copy of this citation to the clerk stating in a written return thereon the time when and the place where he posted such copy. GIVEN UNDER MY HAND AND SEAL of said Court of Potter County, Texas, at the office of the County Clerk in Amarillo, Potter County, Texas, on the _________ day of ______________________________, 20 ________. JULIE SMITH , County Clerk, Potter County, Texas 500 S. Fillmore, Room 201, Amarillo, Tx 79101 P.O. Box 9638, Amarillo, Texas 79105-9638 By Deputy: ____________________________________ ____________________________________ ATTORNEY FOR APPLICANT: _______________________________________ _______________________________________ _______________________________________ _______________________________________
------------------------------------------------------------------------- --- Officer’s Return ------------------------------------------------------------------------------ Came to hand on the _________ day of __________________, ________, at _ ___________o’clock _____.M., and executed on the _________day of ______________________, ________, by posting a copy of the above citation for ten days, exclusive of the day of posting, before the return date hereof, at the County Courthouse door of Potter County, Texas, or at the place in or near the Potter County Courthouse where public notices customarily are posted. To certify which witness my hand officially. Brian Thomas Potter County Sheriff Potter County, Texas By Deputy ______________________________________ ______________________________________________ Printed Name of Server Fees Paid $____________
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