Estates Code § 1022.002

This section assigns original guardianship jurisdiction to different Texas courts depending on the county, and says the related estate administration is treated as one in rem proceeding from application until the guardianship closes.

Jurisdiction: United States — Texas
Instrument: Code
Version: Undated source snapshot
Language: en
Official source: View official record ↗

court jurisdiction guardianship proceedings

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Provisions of Estates Code § 1022.002

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1022.002
Estates Code § 1022.002
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This section assigns original guardianship jurisdiction to different Texas courts depending on the county, and says the related estate administration is treated as one in rem proceeding from application until the guardianship closes.

Sec. 1022.002. ORIGINAL JURISDICTION FOR GUARDIANSHIP PROCEEDINGS. (a) In a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, the county court has original jurisdiction of guardianship proceedings. (b) In a county in which there is no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction, the county court at law exercising original probate jurisdiction and the county court have concurrent original jurisdiction of guardianship proceedings, unless otherwise provided by law. The judge of a county court may hear guardianship proceedings while sitting for the judge of any other county court. (c) In a county in which there is a statutory probate court, the statutory probate court has original jurisdiction of guardianship proceedings. (d) From the filing of the application for the appointment of a guardian of the estate or person, or both, until the guardianship is settled and closed under this chapter, the administration of the estate of a minor or other incapacitated person is one proceeding for purposes of jurisdiction and is a proceeding in rem. Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 2, eff. January 1, 2014.

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Estates Code § 1022.002

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