Effective February 12, 2007
Harris County ProbateCourts
Policy Regarding Pro Se Applicants
Under Texas law, 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. This
rule follows from the requirement that only a licensed attorney may represent the interests of
third-party individuals or entities. 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 retained 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 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 our 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, your 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 that you can handle as a pro se are those in which you truly would be
representing only yourself. For example, a pro se may apply to probate a will as a muniment of
title when he or she is the sole beneficiary under a 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 that is best made by a lawyer. Note
that anyone falsely swearing that the estate has no creditors is subject to a perjury charge.
Additionally, an application made pursuant to TPC §137 the Small Estate Affidavit would be
appropriate for a Pro Se application.
