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Dallas County Probate Court Filing Fee Schedule
Text of Notice of the
Requirement for an Attorney
issued by the
Dallas County Probate Court Judges:
NOTICE
REQUIREMENT FOR
ATTORNEY
Consistent with requirements of applicable law, including the statutes
prohibiting the unauthorized practice of law, the Dallas County Probate
Courts will not permit "Pro Se" litigants to represent estates of other
persons in most Probate and Guardianship cases. Named Executors,
Administrators or persons applying as such must be represented by legal
counsel. Any individual applying for guardianship of persons,
estates or both must also be represented by legal counsel.
Although the clerk will accept documents for filing, the Court will take
no action on the documents unless there is an attorney of record in that
case.
Only a licensed attorney may represent a third person or entity in a
Judicial proceeding in the State of Texas. In most probate or
guardianship cases, an individual applicant is not truly representing
himself; rather he is attempting to represent another person or persons
such as beneficiaries, heirs or the estate itself. Unless that
individual is a licensed attorney, this constitutes the unauthorized
practice of law and will not be allowed by the Court.
EXCEPTIONS
There are situation when a person may, without the assistance of the
court or court staff, proceed without legal counsel. For example,
the individual is:
-
the sole beneficiary offering a will for
probate as a Muniment of Title;
-
a non-corporate creditor of a probate or
guardianship estate;
-
a non-corporate party in an ancillary civil
action; or
-
other actions at the discretion of the Judge.
In certain cases, a person may open a probate or guardianship proceeding
with the assistance of legal counsel and then terminate the employment
of that attorney. If this occurs and the court appointed
representative fails to comply with all the requirements of the Texas
Probate Code, that representative will be required to employ legal
counsel. It is recommended that a representative have an attorney
until the case is closed.
Any questions should be directed to the administrative assistant of the
court in which the case is filed.
/signed/
/signed/
/signed/
Judge Nikki DeShazo
Judge Robert E. Price
Judge Joe Loving No claim
to government works. Otherwise, © The Duran Firm, PLLC 2006-2008. Disclaimer:
This website is designed for general information only.
The information presented
should not be considered or construed to be legal advice.
Moreover, this site
does not create an attorney-client relationship.
The attorney responsible for
this site is Michael A. Duran, a Dallas Probate Attorney.
The Duran Firm's principal office is located in
Dallas, Texas. |