AI-assisted research summary: This section defines “remote proceeding” and gives Montgomery County probate court and related county officials several powers and permissions about jurisdiction, docket locations, bench exchanges, clerk service, court investigators, and use of certain fees.
Sec. 25.1723. MONTGOMERY COUNTY PROBATE COURT PROVISIONS. (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 Section 11.402, Business Organizations Code. (c) Repealed by Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 2.18(a), eff. December 4, 2025. (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 Section 25.0025. (h) In addition to the uses authorized by Section 135.159, Local Government Code, Montgomery County may use the fees collected under Section 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. Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.015(a), eff. October 1, 2023. Amended by: Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 2.18(a), eff. December 4, 2025.