My sister-in-law is named as executor of my father-in-laws estate. She started probate proceedings and my wife, her sister, has filed opposition to this. We found out today that the Probate Hearing which was scheduled for Monday has been canceled and that a new court date will be set in a County Court At Law. Our question is what is the difference between the County Court at Law and whatever court the probate hearing was originally scheduled for?
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Question about court changes
- Thread Starter entilzah
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army judge
Super Moderator
In what court was the hearing originally scheduled?
Many probate matters are handled by county courts in Texas.
Many probate matters are handled by county courts in Texas.
I am not sure which court it was assigned to begin with, which is why I was asking. The county records search just shows the following: CANCELED Probate Hearing (2:30 PM) (Judicial Officer *****) I blanked out the name of the Judge.
My wife was informed when she called the Probate Deputy Clerk that the reason it was canceled was it was being moved to a County Court at Law. We are not sure what this means or what the difference is.
My wife was informed when she called the Probate Deputy Clerk that the reason it was canceled was it was being moved to a County Court at Law. We are not sure what this means or what the difference is.
army judge
Super Moderator
Our Texas Constitution grants the Legislature the authority to determine which Texas courts have jurisdiction over probate matters. The Statutory Probate Courts of Texas are located in 10 out of the state's 15 largest metropolitan areas and have original and exclusive jurisdiction over their counties' probate matters, guardianship cases, and mental health commitments. In most counties, the constitutional county court has original probate jurisdiction. In some counties, the Legislature has authorized certain statutorily created county courts to share this original jurisdiction, so that a county court at law will have concurrent jurisdiction over probate matters with the constitutional county court.
The original probate jurisdiction of district courts is limited to those situations in which a contested probate matter is transferred from a constitutional county court and when the Legislature has granted the district court original control and jurisdiction over personal representatives. In the more populated counties, the Legislature has created specialized probate courts (entitled statutory probate courts) to hear probate matters exclusively.
Thus, depending on the jurisdictional grant by the Legislature, probate matters might be heard in the county court, county court at law, statutory probate court, or district court of a particular county.
http://www.courts.state.tx.us/courts/probate.asp
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