Table of Contents
Purpose of Probate Courts
Probate courts are specialized courts responsible for managing inheritance disputes and for handling the legal administration of estates. Additionally, probate courts handle matters of guardianship, trust administration, and involuntary commitments to psychiatric facilities.
Specifically, probate courts are responsible for:
- determining heirs in cases where there is no will;
- overseeing the distribution of assets from deceased individuals, particularly when there is no valid will;
- determining the validity of wills and enforcing the provisions of valid wills;
- appointing executors or administrators to manage the estates of the deceased;
- preventing misconduct by executors and administrators;
- resolving creditors’ claims against the estate, ensuring that debts and liabilities are paid before the estate is distributed;
- appointing legal guardians for minors or incapacitated adults, ensuring their well-being and legal protection.
Probate courts generally not used to handle other types of cases, like criminal or general civil matters. Their role is limited and specialized.
Jurisdiction of Probate Courts
In Texas, probate courts exist only in counties where the legislature has established them, typically in larger urban areas. They have exclusive jurisdiction over probate matters within their counties, making them the primary forum for dealing with estate and inheritance issues.
This specialization allows for more focused attention on complex probate cases, reducing the caseload of the general trial courts. However, district courts can handle probate matters if there is no dedicated probate court available or if the probate issue is part of a broader civil or family case.
Map of Probate Courts in Texas
The number of probate courts varies across Texas, with larger counties having multiple probate courts to handle their higher caseloads. For example, Harris County has five probate courts, while Bexar County has three, and Dallas County also has three. Other major counties, such as Travis, El Paso, Denton, and Tarrant, each have two probate courts.
Election of Probate Judges
In Texas, judges of probate courts are elected in a similar manner to district court judges. Both types of judges are chosen through partisan elections, and they serve four-year terms.
Qualifications of Probate Judges
To serve as a probate judge, a candidate must:
- have practiced law or served as a judge for at least five years preceding the election.
- be at least 25 years old and younger than 75.
- be a resident of his or her respective county for at least two years.
Candidates for probate judge typically have a background in estate planning, wills, trusts, guardianship, and family law.
