Jurisdiction.

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Presentation transcript:

Jurisdiction

Counties with only a Constitutional County Court -- PC § 4C(a); EC § 32.002(a) Rural, low population counties. File in Constitutional County Court.

Counties with only a Constitutional County Court -- PC § 4D(a); EC § 32.003(a) If contested, judge may retain case. If contested, judge may (or must on request of a party): Request assignment of statutory probate judge, or Transfer contested portion to district court.

In re Lewis – p.26

Medium population counties. Counties with statutory court exercising probate jurisdiction (but not SPC) -- PC § 4C(b); EC § 32.002(b) Medium population counties. File in either: Constitutional county court, or Statutory court exercising probate jurisdiction.

If action filed in Constitutional County Court is contested: Counties with statutory court exercising probate jurisdiction (but not SPC) -- PC § 4E; EC § 32.004 If action filed in Constitutional County Court is contested: Judge may retain case, or Transfer case (or contested issue) to statutory court exercising probate jurisdiction. Must do so if a party requests.

Counties with Statutory Probate Court – PC § 4C(c); EC § 32.005 Urban, high population counties 10 counties (18 total courts) All filings in these courts; no transfers.

Lubbock Procedure

Austin Nursing Center v. Lovato p. 31