Tex. Gov't Code Section 25.0022
Administration of Statutory Probate Courts


(a)

“Statutory probate court” has the meaning assigned by Chapter 22 (Definitions), Estates Code.

(b)

The judges of the statutory probate courts shall elect from their number a presiding judge of the statutory probate courts. The presiding judge serves a four-year term from the date of qualification as the presiding judge.

(c)

The presiding judge may perform the acts necessary to carry out this section and to improve the management of the statutory probate courts and the administration of justice.

(d)

The presiding judge shall:

(1)

ensure the promulgation of local rules of administration in accordance with policies and guidelines set by the supreme court;

(2)

advise local statutory probate court judges on case flow management practices and auxiliary court services;

(3)

perform a duty of a local administrative statutory probate court judge if the local administrative judge does not perform that duty;

(4)

appoint an assistant presiding judge of the statutory probate courts;

(5)

call and preside over annual meetings of the judges of the statutory probate courts at a time and place in the state as designated by the presiding judge;

(6)

call and convene other meetings of the judges of the statutory probate courts as considered necessary by the presiding judge to promote the orderly and efficient administration of justice in the statutory probate courts;

(7)

study available statistics reflecting the condition of the dockets of the probate courts in the state to determine the need for the assignment of judges under this section;

(8)

compare local rules of court to achieve uniformity of rules to the extent practical and consistent with local conditions;

(9)

assign or order the clerk who serves the statutory probate courts to randomly assign a judge or former or retired judge of a statutory probate court to hear a case under Section 25.002201 (Assignment of Judge on Recusal or Disqualification)(a) or 25.00255 (Recusal or Disqualification of Judge), as applicable; and

(10)

require the local administrative judge for statutory probate courts in a county to ensure that all statutory probate courts in the county comply with Chapter 37 (Appointments of Attorneys Ad Litem, Guardians Ad Litem, Mediators, and Guardians).

(e)

In addition to all other compensation, expenses, and perquisites authorized by law, the presiding judge shall be paid for performing the duties of a presiding judge an annual salary equal to the maximum salary authorized by Section 74.051 (Compensation)(b) for a presiding judge of an administrative judicial region. The presiding judge is entitled to receive reasonable expenses incurred in administering those duties. The state shall pay $5,000 of the salary in equal monthly installments from amounts deposited in the judicial fund and appropriated for that purpose, and the remainder of the salary and expenses is paid by the counties that have statutory probate courts, apportioned according to the number of statutory probate courts in the county.

(f)

Each county pays annually to the presiding judge, from fees collected pursuant to Section 118.052 (Fee Schedule)(2)(A)(vi), Local Government Code, the amount of the salary apportioned to it as provided by this section and the other expenses authorized by this section. The presiding judge shall place each county’s payment of salary and other expenses in an administrative fund, from which the salary and other expenses are paid. The salary shall be paid in equal monthly installments.

(g)

The assistant presiding judge may assign probate judges as provided by this section and perform the office of presiding judge:

(1)

on the death or resignation of the presiding judge and until a successor presiding judge is elected; or

(2)

when the presiding judge is unable to perform the duties of the office because of absence, disqualification, disabling illness, or other incapacity.

(h)

Subject to Section 25.002201 (Assignment of Judge on Recusal or Disqualification), a judge or a former or retired judge of a statutory probate court may be assigned by the presiding judge of the statutory probate courts to hold court in a statutory probate court, a county court, or any statutory court exercising probate jurisdiction when:

(1)

a statutory probate judge requests assignment of another judge to the judge’s court;

(2)

a statutory probate judge is absent, disabled, or disqualified for any reason;

(3)

a statutory probate judge is present or is trying cases as authorized by the constitution and laws of this state and the condition of the court’s docket makes it necessary to appoint an additional judge;

(4)

the office of a statutory probate judge is vacant;

(5)

the presiding judge of an administrative judicial district requests the assignment of a statutory probate judge to hear a probate matter in a county court or statutory county court;

(6)

the statutory probate judge is recused or disqualified as described by Section 25.002201 (Assignment of Judge on Recusal or Disqualification)(a);

(7)

a county court judge requests the assignment of a statutory probate judge to hear a probate matter in the county court; or

(8)

a local administrative statutory probate court judge requests the assignment of a statutory probate judge to hear a matter in a statutory probate court.

(i)

A judge assigned under this section has the jurisdiction, powers, and duties given by Sections 32.001 (General Probate Court Jurisdiction; Appeals), 32.002 (Original Jurisdiction for Probate Proceedings), 32.003 (Jurisdiction of Contested Probate Proceeding in County with No Statutory Probate Court or Statutory County Court), 32.005 (Exclusive Jurisdiction of Probate Proceeding in County with Statutory Probate Court), 32.006 (Jurisdiction of Statutory Probate Court with Respect to Trusts and Powers of Attorney), 32.007 (Concurrent Jurisdiction with District Court), 34.001 (Transfer to Statutory Probate Court of Proceeding Related to Probate Proceeding), 1022.001 (General Probate Court Jurisdiction in Guardianship Proceedings; Appeals), 1022.002 (Original Jurisdiction for Guardianship Proceedings), 1022.003 (Jurisdiction of Contested Guardianship Proceeding in County with No Statutory Probate Court or County Court at Law), 1022.005 (Exclusive Jurisdiction of Guardianship Proceeding in County with Statutory Probate Court), 1022.006 (Concurrent Jurisdiction with District Court), and 1022.007 (Transfer of Proceeding by Statutory Probate Court), Estates Code, to statutory probate court judges by general law.

(j)

Except as otherwise provided by this section, the salary, compensation, and expenses of a judge assigned under this section are paid in accordance with state law.

(k)

The daily compensation of a former or retired judge for purposes of this section is set at an amount equal to the daily compensation of a judge of a statutory probate court in the county in which the former or retired judge is assigned. A former or retired judge assigned to a county that does not have a statutory probate court shall be paid an amount equal to the daily compensation of a judge of a statutory probate court in the county where the assigned judge was last elected.

(l)

An assigned judge is entitled to receive reasonable and necessary expenses for travel, lodging, and food. The assigned judge shall furnish the presiding judge, for certification, an accounting of those expenses with a statement of the number of days the judge served.

(m)

The presiding judge shall certify to the county judge in the county in which the assigned judge served:

(1)

the expenses approved under Subsection (l); and

(2)

a determination of the assigned judge’s salary.

(n)

A judge who has jurisdiction over a suit pending in one county may, unless a party objects, conduct any of the judicial proceedings except the trial on the merits in a different county.

(o)

The county in which the assigned judge served shall pay out of the general fund of the county:

(1)

expenses certified under Subsection (m) to the assigned judge; and

(2)

the salary certified under Subsection (m) to the county in which the assigned judge serves, or, if the assigned judge is a former or retired judge, to the assigned judge.

(p)

In addition to all compensation and expenses authorized by this section and other law, a judge who is assigned to a court outside the county of the judge’s residence is entitled to receive $25 for each day or fraction of a day served. The county in which the judge served shall pay the additional compensation from the county’s general fund on certification by the presiding judge.

(q)

When required to attend an annual or special meeting prescribed by this section, a judge is entitled to receive, in addition to all other compensation allowed by law, actual and necessary travel expenses incurred going to and returning from the place of the meeting and actual and necessary expenses while attending the meeting. On certification by the presiding judge, the judge’s county of residence shall pay the expenses from the county’s general fund.

(r)

Chapter 74 (Court Administration Act) and Subchapter I (Staff), Chapter 75 (Other Court Administration), do not apply to the assignment under this section of statutory probate court judges.

(s)

The presiding judge may appoint any special or standing committees of statutory probate court judges necessary or desirable for court management and administration.

(t)

To be eligible for assignment under this section, a former or retired judge of a statutory probate court must:

(1)

not have been removed from office;

(2)

certify under oath to the presiding judge, on a form prescribed by the state board of regional judges, that:

(A)

the judge has not been publicly reprimanded or censured by the State Commission on Judicial Conduct; and

(B)

the judge:
(i)
did not resign or retire from office after the State Commission on Judicial Conduct notified the judge of the commencement of a full investigation into an allegation or appearance of misconduct or disability of the judge as provided in Section 33.022 (Investigations and Formal Proceedings) and before the final disposition of that investigation; or
(ii)
if the judge did resign from office under circumstances described by Subparagraph (i), was not publicly reprimanded or censured as a result of the investigation;

(3)

annually demonstrate that the judge has completed in the past state fiscal year the educational requirements for an active statutory probate court judge;

(4)

have served as an active judge for at least 72 months in a district, statutory probate, statutory county, or appellate court; and

(5)

have developed substantial experience in the judge’s area of specialty.

(t-1)

Repealed by Acts 2023, 88th Leg., R.S., Ch. 383 (H.B. 103), Sec. 5, eff. September 1, 2023.

(u)

In addition to the eligibility requirements under Subsection (t), to be eligible for assignment under this section in the judge’s county of residence, a former or retired judge of a statutory probate court must certify to the presiding judge a willingness not to:

(1)

appear and plead as an attorney in any court in the judge’s county of residence for a period of two years; and

(2)

accept appointment as a guardian ad litem, guardian of the estate of an incapacitated person, or guardian of the person of an incapacitated person in any court in the judge’s county of residence for a period of two years.

(v)

A judge who is assigned under this section to a court in a county other than the county in which the judge serves is not an employee of the other county.

(w)

A former or retired judge who is assigned under this section is not an employee of the county in which the assigned court is located.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.03(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1101, Sec. 1, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 691, Sec. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 298, Sec. 1, 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1064, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1435, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 65, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 440, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 468, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 820, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 9.002, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 718 (H.B. 2359), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1206 (S.B. 683), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1263 (H.B. 764), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 12(d), eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1085 (S.B. 1196), Sec. 40, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 1.41, eff. September 1, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 4.08, eff. January 1, 2012.
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 32, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1223 (S.B. 1876), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.024, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 14.01, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 2.05, eff. January 1, 2022.
Acts 2023, 88th Leg., R.S., Ch. 383 (H.B. 103), Sec. 5, eff. September 1, 2023.

Source: Section 25.0022 — Administration of Statutory Probate Courts, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­25.­htm#25.­0022 (accessed Jun. 5, 2024).

25.0001
Application of Subchapter
25.0002
Definitions
25.0003
Jurisdiction
25.0004
Powers and Duties
25.0005
Judge’s Salary
25.0006
Bond
25.0007
Juries
25.0008
Fees
25.0009
Vacancy
25.0010
Facilities
25.0011
Seal
25.0012
Exchange of Judges in Certain County Courts at Law and County Criminal Courts
25.0014
Qualifications of Judge
25.0015
State Contribution
25.0016
Terms of Court
25.0017
Visiting Judge to Take Oath
25.0018
Record
25.0019
Location of Proceedings Following Certain Disasters
25.0020
Appointment of Counsel in Certain Appeals
25.0021
Jurisdiction
25.0022
Administration of Statutory Probate Courts
25.0023
Compensation of Probate Court Judges
25.0024
Court Coordinators, Administrative Assistants, and Auditors for Statutory Probate Courts
25.0025
Court Investigators
25.0026
Powers and Duties
25.0027
Juries
25.0029
Fees
25.0030
Facilities
25.0031
Seal
25.0032
Location of Proceedings Following Certain Disasters
25.0033
Qualifications of Judge
25.0034
Private Practice of Law
25.0035
Terms of Court
25.0041
Anderson County
25.0042
Anderson County Court at Law Provisions
25.0051
Angelina County
25.0052
Angelina County Court at Law Provisions
25.0061
Aransas County
25.0062
Aransas County Court at Law Provisions
25.0091
Atascosa County
25.0092
Atascosa County Court at Law Provisions
25.0101
Austin County
25.0102
Austin County Court at Law Provisions
25.0131
Bastrop County
25.0132
Bastrop County Court at Law Provisions
25.0151
Bee County
25.0152
Bee County Court at Law Provisions
25.00161
Private Practice of Law
25.0161
Bell County
25.0162
Bell County Court at Law Provisions
25.0171
Bexar County
25.0172
Bexar County Court at Law Provisions
25.0173
Bexar County Probate Courts
25.0201
Bosque County
25.0202
Bosque County Court at Law Provisions
25.00211
State Contribution
25.0211
Bowie County
25.0212
Bowie County Court at Law Provisions
25.00212
Excess Contributions
25.00213
Contributions Fund
25.00221
Visiting Judge to Take Oath
25.0221
Brazoria County
25.0222
Brazoria Statutory County Court Provisions
25.00222
Transfer of Cases
25.00231
Bond
25.0231
Brazos County
25.0232
Brazos County Court at Law Provisions
25.00251
Public Probate Administrator
25.00255
Recusal or Disqualification of Judge
25.00256
Tertiary Recusal Motion Against Judge
25.0271
Brown County
25.0272
Brown County Court at Law Provisions
25.0291
Burnet County
25.0292
Burnet County Court at Law Provisions
25.0301
Caldwell County
25.0302
Caldwell County Court at Law Provisions
25.0311
Calhoun County
25.0312
Calhoun County Court at Law Provisions
25.0331
Cameron County
25.0332
Cameron County Court at Law Provisions
25.0333
Cameron County Probate Court Provisions
25.0361
Cass County
25.0362
Cass County Court at Law Provisions
25.0381
Chambers County
25.0382
Chambers County Court at Law Provisions
25.0391
Cherokee County
25.0392
Cherokee County Court at Law Provisions
25.0451
Collin County
25.0452
Collin County Court at Law Provisions
25.0453
Collin County Statutory Probate Court Provisions
25.0481
Comal County
25.0482
Comal County Court at Law Provisions
25.0511
Cooke County
25.0512
Cooke County Court at Law Provisions
25.0521
Coryell County
25.0522
Coryell County Court at Law Provisions
25.0591
Dallas County
25.0592
Dallas County Court at Law Provisions
25.0593
Dallas County Criminal Court Provisions
25.0594
Dallas County Criminal Court of Appeals Provisions
25.0595
Dallas County Probate Courts
25.0631
Denton County
25.0632
Denton County Statutory Court and Statutory Probate Court Provisions
25.0633
Denton County Court at Law Provisions
25.0634
Denton County Criminal Court Provisions
25.0635
Denton County Statutory Probate Court Provisions
25.0701
Ector County
25.0702
Ector County Court at Law
25.0721
Ellis County
25.0722
Ellis County Court at Law Provisions
25.0731
El Paso County
25.0732
El Paso County Court at Law Provisions
25.0733
El Paso County Probate Court Provisions
25.0741
Erath County
25.0742
Erath County Court at Law Provisions
25.0761
Fannin County
25.0762
Fannin County Court at Law Provisions
25.0811
Fort Bend County
25.0812
Fort Bend County Court at Law Provisions
25.0861
Galveston County
25.0862
Galveston County Statutory Court Provisions
25.0881
Gillespie County
25.0882
Gillespie County Court at Law Provisions
25.0931
Grayson County
25.0932
Grayson County Court at Law Provisions
25.0941
Gregg County
25.0942
Gregg County Court at Law Provisions
25.0951
Grimes County
25.0952
Grimes County Court at Law Provisions
25.0961
Guadalupe County
25.0962
Guadalupe County Court at Law Provisions
25.1031
Harris County
25.1032
Harris County Civil Court at Law Provisions
25.1033
Harris County Criminal Court at Law Provisions
25.1034
Harris County Probate Court Provisions
25.1041
Harrison County
25.1042
Harrison County Court at Law Provisions
25.1071
Hays County
25.1072
Hays County at Law Provisions
25.1091
Henderson County
25.1092
Henderson County Court at Law Provisions
25.1101
Hidalgo County
25.1102
Hidalgo County Court at Law Provisions
25.1111
Hill County
25.1112
Hill County Court at Law Provisions
25.1131
Hood County
25.1132
Hood County Court at Law Provisions
25.1141
Hopkins County
25.1142
Hopkins County Court at Law Provisions
25.1151
Houston County
25.1152
Houston County Court at Law Provisions
25.1181
Hunt County
25.1182
Hunt County Court at Law Provisions
25.1251
Jefferson County
25.1252
Jefferson County Court at Law Provisions
25.1271
Jim Wells County
25.1272
Jim Wells County Court at Law Provisions
25.1281
Johnson County
25.1282
Johnson County Court at Law Provisions
25.1311
Kaufman County
25.1312
Kaufman County Court at Law Provisions
25.1351
Kerr County
25.1352
Kerr County Court at Law Provisions
25.1391
Kleberg County
25.1392
Kleberg County Court at Law Provisions
25.1411
Lamar County
25.1412
Lamar County Court at Law Provisions
25.1481
Liberty County
25.1482
Liberty County Court at Law Provisions
25.1541
Lubbock County
25.1542
Lubbock County Court at Law Provisions
25.1571
Mclennan County
25.1572
Mclennan County Court at Law Provisions
25.1651
Medina County
25.1652
Medina County Court at Law Provisions
25.1671
Midland County
25.1672
Midland County Court at Law Provisions
25.1721
Montgomery County
25.1722
Montgomery County Court at Law Provisions
25.1723
Montgomery County Probate Court Provisions
25.1731
Moore County
25.1732
Moore County Court at Law Provisions
25.1761
Nacogdoches County
25.1762
Nacogdoches County Court at Law Provisions
25.1771
Navarro County
25.1772
Navarro County Court at Law Provisions
25.1801
Nueces County
25.1802
Nueces County Court at Law Provisions
25.1831
Orange County
25.1832
Orange County Court at Law Provisions
25.1851
Panola County
25.1852
Panola County Court at Law Provisions
25.1861
Parker County
25.1862
Parker County Court at Law Provisions
25.1863
Probate Jurisdiction: Contested Cases
25.1891
Polk County
25.1892
Polk County Court at Law Provisions
25.1901
Potter County
25.1902
Potter County Court at Law Provisions
25.1931
Randall County
25.1932
Randall County Court at Law Provisions
25.1971
Reeves County
25.1972
Reeves County Court at Law Provisions
25.2011
Rockwall County
25.2012
Rockwall County Court at Law Provisions
25.2031
Rusk County
25.2032
Rusk County Court at Law Provisions
25.2071
San Patricio County
25.2072
San Patricio County Court at Law Provisions
25.2141
Smith County
25.2142
Smith County Court at Law Provisions
25.2161
Starr County
25.2162
Starr County Court at Law Provisions
25.002201
Assignment of Judge on Recusal or Disqualification
25.2221
Tarrant County
25.2222
Tarrant County Court at Law Provisions
25.2223
Tarrant County Criminal Court Provisions
25.2224
Tarrant County Probate Court Provisions
25.2231
Taylor County
25.2232
Taylor County Court at Law Provisions
25.2281
Tom Green County
25.2282
Tom Green County Court at Law Provisions
25.2291
Travis County
25.2292
Travis County Court at Law Provisions
25.2293
Travis County Probate Court Provisions
25.2351
Val Verde County
25.2352
Val Verde County Court at Law Provisions
25.2361
Van Zandt County
25.2362
Van Zandt County Court at Law Provisions
25.2371
Victoria County
25.2372
Victoria County Court at Law Provisions
25.2381
Walker County
25.2382
Walker County Court at Law Provisions
25.2391
Waller County
25.2392
Waller County Court at Law Provisions
25.2411
Washington County
25.2412
Washington County Court at Law Provisions
25.2421
Webb County
25.2422
Webb County Court at Law Provisions
25.2451
Wichita County
25.2452
Wichita County Court at Law Provisions
25.2461
Wilbarger County
25.2462
Wilbarger County Court at Law Provisions
25.2481
Williamson County
25.2482
Williamson County Court at Law Provisions
25.2491
Wilson County
25.2511
Wise County
25.2512
Wise County Court at Law Provisions
25.2601
Application of Subchapter
25.2602
Judge
25.2603
Vacancy
25.2604
Personnel
25.2605
Seal
25.2606
General Law
25.2607
Designation of Administrative County for Multicounty Statutory County Courts
25.2651
Application of Subchapter
25.2652
Judge
25.2653
Vacancy
25.2654
Personnel
25.2655
Seal
25.2656
General Law

Accessed:
Jun. 5, 2024

§ 25.0022’s source at texas​.gov