Texas 2019 - 86th Regular

Texas House Bill HB2928

Caption

Relating to jurisdiction of contested probate proceedings in counties without a statutory probate court or county court at law exercising original probate jurisdiction.

Impact

By implementing this bill, counties without the requisite statutory probate court will have a clearer procedural framework for navigating contested probate cases. This legislation is expected to alleviate some of the judicial burden on county courts by providing alternative pathways for resolving complex probate matters. Furthermore, it is intended to enhance the consistency and fairness of probate proceedings across Texas, ensuring that parties involved can have their cases heard in appropriate venues.

Summary

House Bill 2928 focuses on establishing clear jurisdictional guidelines for contested probate proceedings in Texas counties that lack a statutory probate court or a county court at law with original probate jurisdiction. The bill amends existing legislation within the Estates Code to enable county court judges to manage contested matters more efficiently by either requesting the assignment of a statutory probate court judge or transferring the contested case to a district court. This change aims to streamline the handling of probate disputes in areas where specific court resources may be scarce or absent.

Sentiment

The sentiment surrounding HB2928 appears largely positive among those advocating for more efficient judicial processes. Supporters believe it addresses a significant gap in the current legal framework by providing options for judges to effectively manage probate disputes. However, there may be concerns about the potential implications of transferring cases to district courts, such as the increased workload on those courts and the impact on case timelines. Overall, the bill reflects a progressive approach to improving legal infrastructure in counties lacking essential probate court resources.

Contention

Notable points of contention may arise from differing opinions on whether the existing judicial structures adequately serve the needs of probate proceedings. Critics may argue that merely transferring cases does not address underlying issues related to legal representation, access to justice, or the efficiency of district courts. There may also be concerns about equitable access for individuals with limited resources navigating the probate process, particularly in rural areas where legal support is less accessible.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1331

Relating to a motion for the assignment of a statutory probate court judge to hear a contested matter in a probate proceeding in certain counties.

TX HB1436

Relating to the redesignation of County Court at Law No. 2 of Montgomery County as Probate Court No. 1 of Montgomery County, the jurisdiction and authority of statutory probate courts in Montgomery County, and the composition of the Montgomery County Juvenile Board.

TX HB2567

Relating to the creation of Probate Court No. 3 of Bexar County, Texas, and the administration of the statutory probate courts in Bexar County.

TX HB251

Relating to the payment of certain costs associated with certain assignments of a statutory probate court judge.

TX HB3386

Relating to the criminal district courts, statutory county courts, and criminal law magistrates in Tarrant County.

TX HB5378

Relating to the jurisdiction and operation of the county courts at law in McLennan County.

TX HB457

Relating to the jurisdiction of the statutory county courts of Grayson County in family law matters.

TX SB1045

Relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state.

TX SB2573

Relating to the jurisdiction of the 411th District Court and of the County Court at Law of Polk County.

TX HB3166

Relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state; authorizing fees.

Similar Bills

No similar bills found.