Texas Estates Code 52.051 – Filing Procedures
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(a) An application for a probate proceeding, complaint, petition, or other paper permitted or required by law to be filed with a court in a probate matter must be filed with the county clerk of the appropriate county.
(b) Each paper filed in an estate must be given the docket number assigned to the estate.
Terms Used In Texas Estates Code 52.051
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Probate: Proving a will
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
(c) On receipt of a paper described by Subsection (a), the county clerk shall:
(1) file the paper; and
(2) endorse on the paper:
(A) the date the paper is filed;
(B) the docket number; and
(C) the clerk’s official signature.