Chapter 5. Probate Court

Subchapter 5.000 General Provisions

• Rule 5.001 Applicability

Subchapter 5.100 General Rules of Pleading and Practice

• Rule 5.101 Form and Commencement of Action; Confidential Records
• Rule 5.102 Notice of Hearing
• Rule 5.103 Who May Serve
• Rule 5.104 Proof of Service; Waiver and Consent; Unopposed Petition
• Rule 5.105 Manner and Method of Service
• Rule 5.106 Publication of Notice of Hearing
• Rule 5.107 Other Papers Required to be Served
• Rule 5.108 Time of Service
• Rule 5.109 Notice of Guardianship Proceedings Concerning Indian Child
• Rule 5.112 Prior Proceedings Affecting the Person of a Minor
• Rule 5.113 Papers; Form and Filing
• Rule 5.114 Signing and Authentication of Papers
• Rule 5.117 Appearance by Attorneys
• Rule 5.118 Amending or Supplementing Papers
• Rule 5.119 Additional Petitions; Objections; Hearing Practices
• Rule 5.120 Action by Fiduciary in Contested Matter; Notice to Interested Persons; Failure to Intervene
• Rule 5.121 Guardian Ad Litem; Visitor
• Rule 5.125 Interested Persons Defined
• Rule 5.126 Demand or Request for Notice
• Rule 5.127 Venue of Certain Actions
• Rule 5.128 Change of Venue
• Rule 5.131 Discovery Generally
• Rule 5.132 Proof of Wills
• Rule 5.133 Opening Wills Originally Filed for Safekeeping
• Rule 5.140 Use of Videoconferencing Technology
• Rule 5.141 Pretrial Procedures; Conferences; Scheduling Orders
• Rule 5.142 Pretrial Motions in Contested Proceedings
• Rule 5.143 Alternative Dispute Resolution
• Rule 5.144 Administratively Closed File
• Rule 5.151 Jury Trial, Applicable Rules
• Rule 5.158 Jury Trial of Right in Contested Proceedings
• Rule 5.162 Form and Signing of Judgments and Orders

Subchapter 5.200 Provisions Common to Multiple Types of Fiduciaries

• Rule 5.201 Applicability
• Rule 5.202 Letters of Authority
• Rule 5.203 Follow-Up Procedures
• Rule 5.204 Appointment of Special Fiduciary
• Rule 5.205 Address of Fiduciary
• Rule 5.206 Duty to Complete Administration
• Rule 5.207 Sale of Real Estate
• Rule 5.208 Notice to Creditors, Presentment of Claims

Subchapter 5.300 Proceedings In Decedent Estates

• Rule 5.301 Applicability
• Rule 5.302 Commencement of Decedent Estates
• Rule 5.304 Notice of Appointment
• Rule 5.305 Notice to Spouse; Election
• Rule 5.307 Requirements Applicable to All Decedent Estates
• Rule 5.308 Formal Proceedings
• Rule 5.309 Informal Proceedings
• Rule 5.310 Supervised Administration
• Rule 5.311 Closing Estate
• Rule 5.312 Reopening Decedent Estate
• Rule 5.313 Compensation of Attorneys

Subchapter 5.400 Guardianship, Conservatorship, and Protective Order Proceedings

• Rule 5.401 General Provisions
• Rule 5.402 Common Provisions
• Rule 5.403 Proceedings on Temporary Guardianship
• Rule 5.404 Guardianship of Minor
• Rule 5.405 Proceedings on Guardianship of Incapacitated Individual
• Rule 5.406 Testamentary Guardian of Individual With Developmental Disabilities
• Rule 5.407 Conservatorship; Settlements
• Rule 5.408 Review and Modification of Guardianships of Legally Incapacitated Individuals
• Rule 5.409 Report of Guardian; Inventories and Accounts of Conservators

Subchapter 5.500 Trust Proceedings

• Rule 5.501 Trust Proceedings in General
• Rule 5.502 Supervision of Trusts

Subchapter 5.730 Mental Health Rules

• Rule 5.730 Mental Health Code; Application
• Rule 5.731 Confidential Records
• Rule 5.732 Attorneys
• Rule 5.733 Appointment of Independent Examiner; Determination of Fees and Expenses
• Rule 5.734 Service of Papers; Notice of Subsequent Petitions; Time for Service
• Rule 5.735 Adjournment
• Rule 5.737 Waiver of Rights
• Rule 5.738 Conditions at Hearings
• Rule 5.740 Jury Trial
• Rule 5.741 Inquiry Into Adequacy of Treatment
• Rule 5.743 Appeal by Individual Receiving Involuntary Mental Health Treatment Who is Returned to Hospital After Authorized Leave
• Rule 5.743a Appeal by Administratively Admitted Individual Returned to Center After Authorized Leave
• Rule 5.743b Appeal by Judicially Admitted Individual Returned to Center After Authorized Leave
• Rule 5.744 Proceedings Regarding Hospitalization Without a Hearing
• Rule 5.744a Proceedings Regarding an Individual Subject to Judicial Admission who is Transferred to a Center from Alternative Setting
• Rule 5.745 Multiple Proceedings
• Rule 5.746 Placement of Individual with a Developmental Disability in a Facility
• Rule 5.747 Petition for Discharge of Individual
• Rule 5.748 Transitional Provision on Termination of Indefinite Orders of Hospitalization

Subchapter 5.780 Miscellaneous Proceedings

• Rule 5.784 Proceedings on a Durable Power of Attorney for Health Care or Mental Health Treatment

Subchapter 5.800 Appeals

• Rule 5.801 Appeals to Other Courts
• Rule 5.802 Appellate Procedure; Stays Pending Appeal

Subchapter 5.900 Proceedings Involving Juveniles

• Rule 5.900 Note: