TEE ATE%SNEY GENES 

OIF TEXAS 

Msy 13,~ 1948 

Hon. R, V. Rayford 

Count Auditor 

Rusk E ouuty 

Hendereon, Texas 

opinion No. v-575 

I 

Re: The procedure “to be 

followed by the County Clerk when requested to furnish certlified copies of lettem 

testamentar$, lettelrs 

of guard.la@shZp, and 

thellke. . . 

Dear Sir: 

‘.Reference is made to your recent request 

which reada, in part, as foll’ows~ 

“Thb Cknty Clepk of thli OoMty,has asked~me to”write you for an opinion or ruling on the titter oi’Letters ‘Test~amentary, 

Letters of Administr&ion.and Letters of 

tiardlanshlp; In probate matterca. . . 

‘Row as to Article 3405, in order to istiue {Other Letters’: mu&we have proof of 

loss, or can as many original letters be 

fs~sued to the person who has qualified as 

hcmay desire? Letters are nooded in aorne 

madters quite olton - suah Su p&me&s of 

oil royalties, eta., cashing Oovermiont 

bonds, all veterans matters,- eta. Can this 

be done - or 6812 lettqrs ~bo lspuod at the 

request of suoh a pompany m gfiegcy, aoting 

in behalf: ~oi. tho pqrgqn w&y hy’qpalifled. 

. 

“In giving hs”yotrr &nlon, we,“would speolfioally like,to know if it is lrregUl8r 

to reoord, In the Probate Minutes a. oopy of 

Letters issued to a qualified parson, and 

then henceforth to issue certified copies 

of suoh letters, front the rceoord. .Or,,upon request of any person or agency actlag 

In behalf of the qualified pamon, shall 

o~iglnal letters be Issued aa they are 
Hon. R. V. Rayford; page 2 (V-575) 

needed? 

'Or, would it be more in line with the 

meaning of the Statutes for the Clerk to 

%,ssae and deliver original letter8 upon' 

qualification, .noting the, same on the 

Probate Docket, and then issue Certlflcates stating that letter8 were Issued 

upon 3uc.h and such.a date, and thatthe 

admini.strat'ion 'is"&111 In full force,. 

:~ .~.: 

and.@fect?"' 

I:. at&ion ,2rIi ofArticle V of the St.&e Cc&tltu- 

,ti&,.~~?vldes,, ii, pa+, as follows: 

"T&o &all be elected for each 

c;dunty, by the qualified voters, a coun-~ 

~ ty olerk,'who shall hold his offloe for 

two years, who shall be olerk of the 

County and Commf~3foner31 Court3 and recorder of the oounty, whose duties, porqni@tee and feea.o#' offtoq shall bq,presbtilbea bp' the'L&g;Lsbature,. . : .? 

A+Aolss 34@ and 3402, V. C: 9. ,; are as follows: ; -. 

.“Ait.i3SO& ,~Clirk 3hall‘laaue ,letil'. 

.,: tins, : _: 

Y&onever'ali exeoutor or admltistxator has beti@ quslifloa:ia,,tbe.~er.ri- ',, 

qulrti .by. law, the,.@lolrk of.the oourt 

gi%nting:the,&etters testatin$prg. or of 

admlhistratloa shall ,fixW$if$-tih issue and 

deliver the fetters"60 suah,.oxeou$or or 

adminlbt~&tbii;l~~.. . ,; ~, ,, 1 .~ ,.,_-,. ,: ,.. 

. +t 9 ,‘.34oi i :, tit “’ cops*&& ~lettens::-. j 

. ,. :, 

* " "$&ii&~ ~~&tcrmon~s&',& 'oi ,a-s-,, ,: I, ; 

tration"fjhbl1 'bd 6, pdptlfloate of the olerk 

OS the ,.~90ct':g~aat,lng..the.'sa~, .attosted'.by .,

the sea+ ,a&..ssah cotirt,, andstating .that :-... 

suoh 6xe+;o? o?.a@$nieWatar,-ss' the oaso 

may be~,asi,~~~p,qaall4~~ +si such aa Tthe. ~' 

law req~ceb,.,:tfie,,.date ef,,.suaff qualif&oation :‘: 

and tJiq n@e qe #+e, .zge,o,espqdi, 

.: ,O~_, 

.!~~. i'! I .,* : 2: '.; ~: -. :: I .~,:',. 

a.', .;:,..I,:: 7' :-' .:, '. ., : ._. 

. 

. 
,. - - 

Hon. R. V. Rayfprd, page 3 (V-575) 

Article 4133, V. C. 3., pr.ovide.3 that: ,., 

‘When ‘9 p&Bon appointed guard& tii~ 

qualified a3 guch, py~ taking the oath ‘and 

giving the bond required by law,~ the clerk 

shall issue to him a certificate under seal, 

at,at@g the, fact of 3uoh appointment and 

quallfloa~$bn and date ‘thereof; which cer- : 

tlfloate shall conatlfute letters of g-c 

dltish5.p,~ and be evidence Y$ the aMthorlt!y 

.of such person to act as;guardlan. 

: A*tlcles 3494 .ani.i 3495, V. C. S., provge as 

f oll’ows : 

UArt.. 3404. 

“When two or more persons qualify a3 

executops or adalnlstrator3,,~ letters ,3hail 

be ls‘aued t6 each of the? ao paltfyips. i: 

‘Art. 34’05. 

“Whe* J.etters’ .have been aestroyea OF’. :;; 

lost,, the clerk may is.sne other ledtiter ~: 

in their stead, which shall have the same 

$‘?rc.,e and effe’ct a.3 $he or.lg+nal letters.” 

-’ 

~. :,: ,, 

there :are no stat&e3 deali& with” 

letter3 df gua+.anshlp, Article .~ : 

4108, Ti. C. S., provider ,tQat: \ ‘. 

,. ‘i’ “~e~~pPovlslon3, ru&?B and regulat5ons. which. govern estates of decedents 

shall,. &&ply to and goverb. such gusrdlanship@, uhenev~er the. sati, are applicable .~ i’ 

and ,not~ lnoona$stent Iwith any. proglsion ‘, * 

of thin t+txe. 

By vLrtue of the above statute, what we hav,e 

to say in tiegard to letterp of’ admitistration and testamentary la also applicable to letter3 of guardlanships. 

It 13 apphrent from the c~n3titutlonal provlslon~ quo~ted above that the County Cle,rk mtly perform 

only :vLibse dutias w+h are, lmpoaed,, upon h&m by law. 

‘I The statutes do not authorlee t2he c,OUntg~ Clerk 
Hon. R. V. Rayford, page 4 (V-5'15) 

to record letter3 of admlnlatratl~n, testamentary or 

gUardfanBhip. Neither 13 there any authority whereby 

the county Clerk may issue euch letters :to ssy person 

other than those who have qualified as administrator, 

executor or. guardlan,accordlng to law, 

~If; however, .suoh letters have been lost or 

destroyed, provision is made under Artlole 3405, supra, 

for'the issuance of other letter3 In their stead. Although thlzd person3 may deIpsnd and the County Clerk may 

issue a certificate of the transcript of the reoord of 

any estate, upon paying the required fee, such persons 

are not entitled to reoelve letters of admlnistratlon, 

testamentary or guardianship. 

Article 3295, V. C. S., provides, In part, as 

follow3: 

"The'olerk bf the bounty oouri shall 

keep a record book to he btyledi *Judgecs 

Probate Docket,' and enter therein: 

“4. A minute of all ord&, judgments, dearees.::and proceedings hadWIn 

the estatej-swlth.the date thereof. .~ 

-'Its Is ipparent from'& ~foregolng provIsion 

that after a person has been duly appointed admlnlstratar, executor or guardian, and has taken the oath and 

given bona, It Is .mandatory that the Cou+y Clerk issue 

proper letters to suoh person. 

The performance of apoh duty by the County 

Clark Is Incidental to an&a part bf the prodeedLng8~ 

mentioned in the above Artlc&e. This belnej tru+, we 

believe the statute oontemplatBs that the ounty Clerk 

should enter-in the Probate Dboket the date, and the 

name of the person to whom suoh letters wero Issued. 

that: 

Artlole 3930, V. C. S., provibes, in part, 

"Clerks of the oounty Court shall rooelve the following fees: . . . 

.~.~. 

"Eaah bertlflcate to any faot or :facta 

.eon&ned in the reoords of his oifl60, with 

certificate and seal, when not otherwis:5rgI' tided for 
Hon. R. V. Rayford, page 5 (V-575) 

opinion, 

letter3 

Therefore, In view of the foregoing, It Is our 

that the County Clerk may make a certificate that 

of administration, testamentary or guardianship 

have been Issued In such estate or guardianships, the 

date of such issuance and the name of the persons to whom 

they were issued. 

SUMMARY 

The original letters of adminlstratlon, testamentary or guardianship must 

be lost or destroyed before the County 

Clerk may Issue other letters. Article 

3405, v. c. s. 

The County Clerk may not reoord In 

the probate minute3 a copy of letters of 

admlnistratlon, testamentary or guardlanahlps. Neither Is he authorleedH;;e;~%e 

suoh.letters to third persona. , 

after such letter3 have been Issued to 

the proper pergons, the County Clerk may 

then Issue a certificate of suoh fact3 

which may appear of reoora. Articles 

3295 and 3930, V. C. S. 

Youiv very truly, 

ATTORNIXCENRRALOF TEXAS 

BA:mw 

By /q%.-KcL 

Bruce Allen 

Assistant