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County Court
Smith County Court is a constitutional county court which is defined as "a court named or described and expressly protected in a constitution, or recognized by name or definite description in a constitution."

The primary goal of the County Court of Smith County, Texas is to accomplish the business of the parties and counsel who have matters in the Court as quickly, pleasantly and economically as possible, within the limits imposed by Texas law.

The County Court of Smith County is charged with the administration of Texas Probate Laws, hearing all the probate, guardianship and mental health matters filed in Smith County.


Judge Joel Baker
Jurisdiction
Section 4 of the Texas Probate Code states: "The county court shall have the general jurisdiction of a probate court. It shall probate wills, grant letters testamentary and of administration, settle accounts of personal representatives, and transact all business appertaining to estates subject to administration, including the settlement, partition, and distribution of such estates."

Section 5 (c) of the Texas Probate Code outlines the jurisdiction for the County Court of Smith County: "In those counties where there is a statutory probate court, county court at law, or other statutory court exercising the jurisdiction of a probate court, all applications, petitions and motions regarding probate and administrations shall be filed and heard in such courts and the constitutional county court, rather than in the district courts, unless otherwise provided by the legislature, and the judges of such courts may hear any of such matters sitting for the judge of any of such courts. In contested probate matters, the judge of the constitutional county court may on his own motion, and shall on the motion of any party to the proceeding, transfer the proceeding to the statutory probate court, county court at law, or other statutory court exercising the jurisdiction of a probate court, which may then hear the proceeding as if originally filed in such court."

All contested matters in which motions to transfer are filed are transferred to the County Court at Law #3.

Please note: Court staff can inform you about the services of the Court and can answer questions regarding how the Court works, but they cannot answer substantive legal questions. Court staff is prohibited by law from giving legal advice. You will need to contact an attorney to seek legal advice.
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