Texas Estates Code
§ 255.456 — JURISDICTION AND TRANSFER OF PROCEEDING
ES § 255.456Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part F. WILLS · Ch. 255. CONSTRUCTION AND INTERPRETATION OF WILLS · Art. J. JUDICIAL MODIFICATION OR REFORMATION
Statute text
View on source(a)To the extent that this section conflicts with other provisions of this title, this section prevails.
(b)In a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, if a personal representative petitions the county court to modify or reform the terms of a will, the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, according to the motion:
(1)request the assignment of a statutory probate court judge to hear the proceeding, as provided by Section 25.0022, Government Code; or
(2)transfer the proceeding to the district court, which may then hear the proceeding as if originally filed in the district court.
(c)A district court to which a proceeding is transferred under Subsection (b) has the jurisdiction and authority granted to a statutory probate court by Subtitle A.
(d)If a party to a modification or reformation proceeding files a motion for the assignment of a statutory probate court judge to hear the proceeding before the judge of the county court transfers the proceeding to a district court under this section, the county judge shall grant the motion for the assignment of a statutory probate court judge and may not transfer the proceeding to the district court unless the party withdraws the motion.
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Legislative history
Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 10, eff. September 1, 2019.