Rains County Texas

Birth Certificates: How to Apply for a Birth or Death Certificate at Rains County Clerk's Office.

Our office does not accept Birth Certificate requests by mail. The cost for a Birth Certificate is $23.

Application for Birth/Death Certificate (PDF FORM)

Qualified Applicants are the following:

1. The registrant. The person named in the record.
2. The parent, child, brother, sister, spouse, grandparent, legal guardian or managing conservator of the registrant.
   
3. Legal representative, agent or other person acting under contract for the registrant must provide a letter of permission and a copy of identification from the registrant.
4. An applicant must provide all necessary information and show proper identification prior to obtaining the certificate.
5. Acceptable Forms of Identification (PDF)
   
   

Application for Certified Copy of Birth Certificate

Information needed to obtain a birth certificate:

• Full name on birth certificate
• Date and place of birth
• Father’s full name
• Mother’s full maiden name
• Name, address and phone number of the Requester
• Proof of Relationship to person on birth record if purchasing for family member
• Valid identification (Driver's License Preferred)
• Purpose of obtaining the birth certificate
• If you are needing to correct a birth certificate, please click here.

         Who can request a certified copy of a birth or death certificate?

(All Applicants must have valid, acceptable ID)

Registrant- the individual named on the certificate. Must have valid, acceptable ID    

Registrant’s Child- Must have a copy of your birth certificate with the registrant listed as your parent

Registrant’s Parent- Must be listed on certificate as parent or have a court order signed by a judge proving your relationship to the registrant

Registrant’s Legal Guardian- Must have a court order signed by a judge proving legal guardianship over the registrant

Registrant’s Sibling- Must have your birth certificate; must share same parent as registrant

Registrant’s Grandparent- Must prove relationship to the grandchild with a certified birth certificate of the mother/father of the child. Related parent must be listed on requested birth certificate.

Registrant’s Spouse- Must have your marriage license to the registrant

Registrant’s Legal or Personal Representative or Agent- Must provide legal documentation per Texas Administrative Code requirements [e.g., power of attorney, attorney-client retention contract with State Bar ID card, verified agent designation, court order]  * CPS (Must have your work badge and court order showing the agency oversees the registrant and the waiver form) * Parole Officer (Must have your work badge and proof that you oversee the registrant)

Texas Administrative Code requirements

For full details, see Title 25, Chapter 181, "Vital Statistics", Texas Administrative Code

25 Tex. Adm. Code §181.1(21):  Properly qualified applicant (qualified applicant) --The registrant, or immediate family member either by blood, marriage or adoption, his or her guardian, or his or her legal agent or representative. Local, state and federal law enforcement or governmental agencies and other persons may be designated as properly qualified applicants by demonstrating a direct and tangible interest in the record when the information in the record is necessary to implement a statutory provision or to protect a personal legal property right…. 

25 Tex. Adm. Code §181.1(22):    Registrant--The individual named on the certificate of birth, death, or fetal death; application for marriage license; or report of divorce or annulment of marriage.

25 Tex. Adm. Code §181.1(13):   Immediate family member--The registrant, his or her guardian, or the children, spouse, parents, siblings, or grandparents of the registrant.

25 Tex. Adm. Code §181.1(16):   Legal representative (personal representative or agent) --An attorney in fact, a funeral director, or any other person designated by affidavit, contract, or court order acting on behalf and for the benefit of the registrant or his or her immediate family. In order to determine the need for protection for personal property rights when the legal representative is acting on behalf and for the benefit of the registrant or the registrant's immediate family or other entity having a direct and tangible interest in the record, the State Registrar, Local Registrar, or county clerk shall require a designation document or an attested statement to that effect. 

For more information or questions, contact the Austin Vital Statistics office at 888-963-7111 or visit this website:https://www.dshs.texas.gov/vital-statistics

Death Certificates:

• Death Records are available only for decedents who pass within the Rains County limits.

Application for a Certified Copy of a Death Certificate (PDF Form)

• For all other Texas death certificates, contact the city or county where the decedent died, or the State of Texas at https://www.dshs.texas.gov/vs/

Our office does not accept Death Certificate requests by mail. The cost for a Death Certificate is $21 for the first certificate and $4 for each additional certificates if purchased at the same time. All payment types are accepted by the County Clerk's office.

Only a Qualified Applicant may obtain a copy of a death certificate:

1. The parent, child, brother, sister, spouse, grandparent, legal guardian or managing conservator of the
   registrant.
2. Legal representative, agent or other person acting under contract for the registrant must provide a letter of permission and a copy of identification from the registrant.
3. An applicant must provide all necessary information and show proper identification prior to obtaining the certificate.

The County Clerk serves as Clerk of the Court for the County Court at Law. This court hears issues associated with the estates of deceased persons, guardianship for incapacitated persons, mental health commitments, and eminent domain cases. The Clerk's Probate Division issues citations, writs of execution, abstracts of judgment, letters of guardianship, letters testamentary, protective orders, notices and other documents as required by law or requested by customers.

• Guardianships

• Letters Testamentary, Administration and Guardianship

  • Letters Testamentary are always original issuances from the Clerk; no copies are made. Only the executor, administrator, guardian or the attorney of record can receive Letters. Letters of Guardianship may be granted by the probate court after an application is filed and a guardian is qualified. Please consult with your attorney for more information.

  Letters

  $2.00 (each)

  LGC § 118.061

  
  

  Court Scheduling

  
  Please contact the county judge's office to schedule all Probate hearings.  

• Registry of the Court

• Certain funds may be ordered by the courts to be deposited into the Registry of the Court account or into separate or interest-bearing accounts. The County Clerk acts only in a custodial capacity in relation to these accounts and is not the trustee for the beneficial owner of these funds. A court order signed by the Judge is required prior to any funds being deposited.

  Requirements for Investment of Funds

  Pursuant to Chapter 117 of the Local Government Code and requirements of the County's financial institution, the following requirements must be met before any funds can be invested in interest bearing accounts. Placing funds in the Registry of the Court does not automatically place the funds in an interest-bearing account. The Registry of the Court is not an interest-bearing account. An interest-bearing account may be established if the following requirements are met.

  Requirements:

  1. Signed Judgement or Order directing funds be invested in an interest-bearing account as opposed to just "Registry of the Court".
  2. Completed "Data Required for Investment of Funds" form which may be obtained from the County Clerk. *
  3. Funds to be invested. *

  *Please provide the form and funds together.

  Upon filing of the required Judgment or Order and receipt of the completed 'data' form and funds, the clerk will open the account(s) at the County's depository. The county depository cannot pay interest on funds that are not accompanied by a Tax ID number or Social Security number of the person to whom the interest income shall be taxed by the Federal Government. Funds cannot be deposited in interest bearing accounts under Rains County's Tax ID number.

  Requirements for Withdrawal

  Funds may only be withdrawn from the Registry of Court account or an interest-bearing account upon filing of a recently signed "Order to Release Funds". A judgment or order to deposit funds stating when the funds may be released to the beneficiary may be sufficient for the depository to release the funds to the beneficiary. The County Clerk will only release the funds to the beneficiary upon presentation of a current, valid form of identification. The funds may be released to the beneficiary's attorney upon written request. Please allow 2 to 3 days from the date the order is signed to process these accounts.

  Acceptable Forms of Identification Include:

  • Driver's license from a U.S. state
  • Federal or state ID card
  • Military ID card
  • U.S. passport

  If you do not have one forms of ID listed above, please provide TWO from the following list: 

  • Current student ID
  • Signed Social Security Card
  • Medicaid card or Medicare card
  • Veterans Affairs card
  • Medical insurance card
  • Certified birth certificate from the U.S. Department of State (FS-240, DS-1350, or FS-545)
  • Private company employment ID card

  Administrative/Accounting Fees

  To compensate the county for the accounting and administrative expenses incurred for maintaining the accounts the following fees will be withheld at the time of withdrawal:

  • 5% of total withdrawn not to exceed $50.00 on funds in the Registry account. (Local Government Code 117.055)
  • 10% of total interest earned in any separate or interest bearing account. (Local Government Code 117.054)

  It is the responsibility of the beneficiary, the beneficiary’s guardian, or his/her attorney to ensure that the proper documents, information required for investment of funds, and the funds themselves are received by the clerk.

  For further information regarding Registry of the Court and/or Custodial Accounts, please call (903) 473-5000 Ext. 107.

  Annual Accounts

  Guardianship-Person	$10.00	LGC § 118.052,118.101,118.131
  Guardianship-Person & Estate	$35.00	LGC § 118.052,118.101,118.131
  Estate-Annual Account	$25.00	LGC § 118.052,118.101,118.131
  Estate-Final Account	$65.00	LGC § 118.052,118.101,118.131
  Estate-Amended Final Account	$65.00	LGC § 118.052,118.101,118.131
  Estate-Final Report	$65.00	LGC § 118.052,118.101,118.131

• Miscellaneous Services

  
  

  Late Filing of Inventory	$25.00	LGC § 118.052, 118.101
  (due 3 months after appointment)
  Filing After Inventory approved	$25.00	LGC § 118.052, 118.101
  Judge's Signature	$2.00	LGC § 118.101
  Issue Citations ***Additional citation issued  request***	$8.00	LGC § 118.056
  Constable Personal Service Fee	$100.00	LGC § 118.131
  Claims	$10.00	LGC § 118.058
  Probate Name Search Fee	$5.00

  
  

  Resources

  https://texaslawhelp.org	http://texasprobate.com/
  http://www.lonestarlegal.org/	https://www.txcourts.gov/jbcc/
  http://www.9thcoa.courts.state.tx.us/	Inability to Afford Cost Form (English)
  	Inability to Afford Cost Form (Spanish)

  

• Registration of Guardianships, effective June 1, 2018 Senate Bill 1096, passed during the 85th Legislature, Regular Session, and will affect the appointment of guardians.   Any person(s) or entity applying for appointment as guardian must complete the following at least 10 days before the hearing on the application:

• SUBMIT REGISTRATION INFORMATION TO JUDICIAL BRANCH CERTIFICATION COMMISSION (JBCC):  Prior to being appointed guardian, the proposed guardian must submit registration information online with the JBCC at:  CLICK HERE.

• If the proposed guardian is not an attorney, certified guardian or corporate fiduciary, the proposed guardian must also complete GUARDIANSHIP TRAINING 10 days before the hearing on the application. 

• GOP Annual Report
  The Texas Office of Court Administration has initiated a program assist guardians/courts in the administration of guardianships of the person by creating a web-based application which guardians will use to generate the annual report of the person.  The Court expects all guardians to utilize this application when preparing the annual report.  THIS PROGRAM HAS BEEN DESIGNATED FOR RAINS COUNTY ONLY AT THIS TIME.  PLEASE DON'T ATTEMPT TO USE THE APPLICATION FOR PREPARING REPORTS FOR GUARDIANSHIPS IN OTHER COUNTIES.  Click here for the directions on use of the application.

• ANNUAL REPORT ON LOCATION, CONDITION AND WELL BEING OF WARD

• For a nominal fee, the Rains County Clerk's Office will hold an original copy of your will for safekeeping. You may want to discuss this with your attorney or refer to the Texas Estates Code, Chapter 252, for more information.

Small Estate Affidavit