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Jurisdiction

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.

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Jurisdiction

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  1. Jurisdiction

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

  3. 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.

  4. In re Lewis – p.26

  5. Counties with statutory court exercising probate jurisdiction (but not SPC) -- PC § 4C(b); EC § 32.002(b) • Medium populationcounties. • File in either: • Constitutional countycourt, or • Statutory courtexercising probate jurisdiction.

  6. 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.

  7. 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.

  8. Lubbock Procedure

  9. Austin Nursing Center v. Lovatop. 31

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