law-probate-court-jurisdiction | probate law |
The Texas Probate Code vests county courts with jurisdiction of probate matters. Tex. Prob. Code Ann. § 4
(Vernon 2003). In specific instances, the statute allows county courts to transfer probate cases to other
courts. Tex. Prob. Code Ann. § 5 (Vernon Supp. 2008); Tex. Gov't Code Ann. § 25.022(h) (Vernon 2004).
However, if a county court judge is disqualified before he or she can transfer a case, the Texas Constitution
provides an alternative procedure whereby “the parties interested may, by consent, appoint a proper person
to try said case.” Tex. Const. Article V, §16 (Vernon 2007). Specifically, [w]hen the judge of the County Court
is disqualified in any case pending in the County Court the parties interested may, by consent, appoint a
proper person to try said case, or upon their failing to do so a competent person may be appointed to try the
same in the county where it is pending in such manner as may be prescribed by law. Tex. Const. art.V, §16.
09-0210
KAUFMAN COUNTY, TEXAS, WAYNE GENT, JIM DELLER, GERALD ROWDEN, KENNETH SCHOEN, KEN
LEONARD AND HAL D. JONES v. JO ANN E. COMBS; from Kaufman County; 5th district (05-07-01152-CV,
274 SW3d 922, 12-30-08, pet. denied June 2009)(probate court jurisdiction, recusal of judge, guardianship)
(guardianship proceeding, subject matter jurisdiction of probate court, void order contention overruled)
("Having jurisdiction, Judge Ashworth had the authority to determine the Guardian's fee recovery and his
2002 order is a valid, enforceable order. Tex. Gov't Code Ann. § 21.001(a) (Vernon 2004). Therefore, trial
court erred when it held it lacked jurisdiction regarding the Guardian's claims in the present case.")