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A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. [1] In some jurisdictions, such courts may be referred to as orphans' courts [ 2 ] or courts of ordinary.
As of 2017, it now houses two county civil courts, a justice of the peace court, thirteen Texas district courts, two district clerks, and two probate courts, [2] though the probate courts are set to be relocated into the former federal courthouse building by 2020. [18]
The guardianship for adults can take two legal forms, "conservator" or "administrator". The main difference between these two is that an "administrator" has the sole permission to take legal actions within the field of the guardianship. A guardianship can have different legal forms for different parts of the guardianship.
Municipal Courts are the most active courts, with County Courts and District Courts handling most other cases and often sharing the same courthouse. Administration is the responsibility of the Supreme Court of Texas, which is aided by the Texas Office of Court Administration, Texas Judicial Council and the State Bar of Texas, which it oversees.
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This disability often arises from minority, mental incapacity, or lack of access to counsel.Consequently, every application to the court on behalf of a minor, a mentally incapacitated person, or a person detained without access to an attorney, who does not have a legal guardian or someone authorized to act on his or her behalf with a power of attorney, must be made through a next friend ...