County Probate Court

Statutory Probate Courts

The Texas Constitution grants jurisdiction over probate matters to either the constitutional county court or to the district court. Probate matters include the administration of estates of deceased persons, will contests, the guardianship of minors and incapacitated persons, and mental illness matters. In some counties, the Legislature has granted the county court at law concurrent jurisdiction in probate matters with the constitutional county court. In other counties, the Legislature has granted the county court at law concurrent jurisdiction in probate matters with the district court. In the more populated counties, the Legislature has created specialized probate courts (entitled statutory probate courts) to hear probate matters exclusively.

Thus, probate matters might be heard in the county court, county court at law, statutory probate court, or district court of a particular county. In Bexar County, probate cases are heard by the Statutory Probate Courts.

Number: 1 judge per court.

Selection: Partisan, county-wide election. Vacancies between elections filled by appointment by county commissioners.

Qualifications: Citizen of U.S., age 25 or older; resident of county for at least 2 years; and licensed attorney who has practiced law or served as a judge for 5 years.

Term: 4 years.

Categories: County Probate Court