JUDGE MATTHEW REUE 100 East Main Street, Suite 203 Brenham, Texas 77833 (979)277-6200 ext. 144 Email mreue@wacounty.com Court Policy Regarding "Pro Sen 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, o.r 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 represents you in your capacity as executor and assists you in representing those for whom you are responsible. Q:. If Iget 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. As a pro se, what proceedings can I do on my own? Q: The only proceedings you can handle "as a pro se are those in which you truly would be representing only yourself. For A: 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, i,f 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 knowledg~ 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 peIjury 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 infonnation about what the additional procedural requirements are, but you will need to create all additional documents.
T JB ! JBCC I Alerts &. A'1MunCements I Reg!stratic:1 of Guaraianshlps Effective 20180601 Appendix A-I ALERT A Registrahon of Guardia'1snips effective June 'L 2018, fead more. REGISTRATION OF GUARDIANSHIPS EFFECTiVE JUNE 1, 2018 Senate Bill 1096 EJ, passed au~mg the 85tn Leg;slature, Regular Session, and will affect the appointment of gU3rdiars The tasks associated with i:rtplemenhng the bill are largely the responsibility of the J"diclal Branch Certification Commission (JBCq but they WI!! also afec~ Ihe co"rts and the clerks The JBCC wan:s to take this ooportunity 10 make the courts, clerks and public aware of the upcoMing cha:lges. Any person(s) or entity applying for appomt:vten! as guardian mJSt co.'1"lplete the fo!;owmg a1 least 10 days before the J"earlng on the application SUBMIT REGISTRATION INFORMATION TO JUDICIAL BRANCH CERTIFICATION COMMISSION (JBCC): Pnor to bemg appointea gwardran, the proposed guardian must submit reg.stration information enline Wilh the JBCC a: https'lfjbcc:exas.txcourts,gov. The JBCC and clerK of the Court m wh;ch a guardianship applicatiOn is pending must notify the appiicant/proposed guardian and tnek a~torney of the guardiansmp registrahon requirement If tt>e proposed guardian is not an attorney, certified guardian or corporate fiduciary, the proposed guardian must also complete t'1e fc;!owing sooner tnan 10 days be:ore the hearing on the app!ication' GUARDIANSHIP TRAINING: After submlttng !he online guardianship registratlc'1 information to JBCC, the proposed guardian must complete the Guardian Training Module, A certificate of completon will be Issued to the proposed guard,an when the traming has been completed, The JBCC will submit notilication of completIOn to the derk of it-e court with prooate jUrisdiction over :he guardianship The tra:ning ml.sl be completed sooner than 10 days prior to the hearing on tl"e guardianship application to show that thIS requ;reme~t has been met The ol1 w line traming is being developed and will be available at,"Itlps-,!/jbcctexas.txcour.s,gov, The JBCC and clerk of the Court In which a guardianShip application is pending must nohf)< the applicantipropoSed guardlan and theA attorney of the guardianship tra'ning requirement CRIMINAL BACKGROUND CHECK: All proposed guardians other than attorneys, certified guardians or corporate fiduciaries are subject to a cLminal history bacl.;ground cneeK. The name and date of birth background checi!: will be performed by the JBCC if U'l/;' l,qOid estate value of the guardianshIp is lesS than S50,000. "the liquid estate value is $50,000 or more, a digital fingerprint background check must be completed. Ii is the responsibility of the person applying for appointmert as guardian to submit digital fingerpr:nts when reqUIred. Information wi'l be provided by JBCC to obta:n digital fingerprints through Texas Dept. of PL.bhc Safety (DPS) when applicable. 4116f2018 hUp:liwww.txcourts.gov/jbcc/alerts-annotlncements/registration-of w guardlanships-effective-201B06011
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