Texas Government Code 25.1723 – Montgomery County Probate Court Provisions
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(a) In this section, “remote proceeding” means a proceeding before a court in which one or more of the participants, including a judge, party, attorney, witness, or other individual, attends the proceeding remotely through the use of technology.
(b) A statutory probate court of Montgomery County has concurrent jurisdiction with the district court, regardless of the amount in controversy or the relief sought, in:
(1) disputes relating to the creation of a constructive trust;
(2) declaratory judgment actions;
(3) actions in which the only relief sought is a writ of injunction; and
(4) actions to appoint a receiver under any law, including § 11.402, Business Organizations Code.
Terms Used In Texas Government Code 25.1723
- Docket: A log containing brief entries of court proceedings.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Property: means real and personal property. See Texas Government Code 311.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) A statutory probate court of Montgomery County has eminent domain jurisdiction, including the jurisdiction provided to a district court under Sections 21.002 and 21.003, Property Code, regardless of the amount in controversy or the remedy sought. All eminent domain actions, cases, matters, or proceedings arising under Chapter 21, Property Code, or under § 251.101, Transportation Code, shall be filed and docketed in a statutory probate court.
(d) A statutory probate court of Montgomery County may conduct docket matters at any location in the county as the statutory probate court judge considers necessary for the protection of wards or mental health respondents or as otherwise provided by law.
(e) A judge of a statutory probate court in Montgomery County and a judge of a district court or statutory county court in Montgomery County may exchange benches and may sit and act for each other in any matter pending before the court.
(f) The county clerk of Montgomery County serves as clerk of a statutory probate court.
(g) A statutory probate court of Montgomery County may appoint as a court investigator an employee of the court or another department in the county to comply with § 25.0025.
(h) In addition to the uses authorized by § 135.159, Local Government Code, Montgomery County may use the fees collected under § 135.102, Local Government Code, and deposited into the judicial education and support fund to provide staff for the statutory probate courts and for court-related purposes for the support of the statutory probate courts.