Texas Estates Code 53.102 – Setting of Certain Hearings by Clerk
(a) If a judge is unable to designate the time and place for hearing a probate matter pending in the judge’s court because the judge is absent from the county seat or is on vacation, disqualified, ill, or deceased, the county clerk of the county in which the matter is pending may:
(1) designate the time and place for hearing;
(2) enter the setting on the judge’s docket; and
(3) certify on the docket the reason that the judge is not acting to set the hearing.
(b) If, after the perfection of the service of notices and citations required by law concerning the time and place of hearing, a qualified judge is not present for a hearing set under Subsection (a), the hearing is automatically continued from day to day until a qualified judge is present to hear and determine the matter.
Terms Used In Texas Estates Code 53.102
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Docket: A log containing brief entries of court proceedings.
- Docket: means the probate docket. See Texas Estates Code 22.011
- Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise probate jurisdiction; or
(3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019 - Probate: Proving a will