THE kiTl.ORNEY GENERAL 

OF TEXAS 

tich ll, 1957 

Han. Jack Welch, Chairman Opinion No. WW- 51 

ccmstitutiona1Amendments clxllcittee 

House of Repvesentatives Re: 

Austin, Texas 

Effect of H.J.R. 32, which 

propmesa constitutional 

amendment to confer probate 

jurisdiction on county Court8 

Dear Mr. Welch: 

at Iaw,upcm the Texas Robate 

ssst=. 

Pour letter requesting our opinion relative to the captioued matter 

reads as follows: 

"The above described resolutiou proposes two changes 

iu the article and section referred to above. The first 

change increases the maximum couourrent jurisdiction of 

the county oourts with the district courts frau $l,OOOto 

$5,000. The second proposed chauge coufers probate jurisdiction on alI County Courts at Iaw. 

YYe Kocse Cohstitutional&nendmnts Ccmmittee is 

concerned with the imprct of the secoud proposal stated 

above upon the probate court system iu the State. A copy 

of the above described resolution is enclosed herewith. 

"It will be greatly appreciated if you will aualyse 

this proposal Fn the light of the present law aud furnish 

us with your opinion in counectiou therewith.* 

The 54th Legislature by Chapter 55, adopted a probate code by revising and rearranging the statutes of this St&e pertaining to probate and 

related matters. We have carefully examined this "Texas Probate Codes and 

have been unable to find any provisions therein that will not be applicable 

to County Courts at Iaw in their exercise of probate matters in the event 

H.J.R. 32 is adopted and such courts are given general jurisdiction of a 

Protete court. 
Hon. JackWelch, page 2 (WW- 51) 

u(e) 'county Cmrt and mobate COlLF,' 3:"U s;~-mn,ymouis md dcmotc: couity COUX%Y l.n the exe1~&1~~ rii Lheir 

prokate jurisdic;ion and courts especiall;J creatad and 

organh3d for the sole purpose of exercisiq pr&ath 

jurisdiction. 

w(f) 'County Judge,' 'Probate Judge,'~and *Judge' 

dcn.ote the presidiiig j,udgc. ofmy court haviug original 

jurisdictio&ovez probate proceedings, whether it be a 

co~u~ty~court .tn the exercise of its probate jurisdiction 

c@ a court &pe$&&i,v.created and organized for the sole 

purpose,of exercising probate jurisdiction. 

*I(g; 'Court' denotes and includes both a couuty 

court in the exercise of its probate jurisdiction and 

a court especially created and organized for the sole 

puqose of exercising probate jurisdicti0n.u 

If 1f.J.R. 32 is adopted all County Courts at Isw will by force of 

the Crmstit~tion bacme "Probate CourtM. The cc-de states that *County LuxL%~~ 

and "Probate Court" are synonymous and denote county courts in the exerci;e 

of their probate jurisdiction. A County Court at Law is in fact a cowity court 

with certaiu jurisdictionalkitations. ,H.J.R. 72 reumves part of these jurisdic~t,iomnal .Limi.tat'ims by giving them the general jurisdiction of a Probate Court. 

If H.J.R. 32 is adopted the Constit~ztim 

will confnr ~npon County Courts at kw the 

general jurisdiction of a Probate Court, 

and all the provisions of the nTexas Probate Code" which are applicable will apply 

to such courts m 

Yours very truly, 

APPRCVRD; L. 

WIL.bWIIscN 

Attorney General 

H. Grady Chmdler, Gheirmn 

WVG:gs 

W.~ V. Geppert 

Assistant