Video & Transcript Research : 'probate'

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TX
Transcript Highlights:
  • We see examples of this in our probate courts every day.
  • We have, I think it's 14 statutory probate court judges. Oh, I'm off.
  • I'm the presiding statutory probate court judge of Probate Court Number One in Travis County, but I'm
  • also the presiding statutory probate court judge statewide, elected by...
  • Both Democrats and Republican statutory probate courts.
TX
Transcript Highlights:
  • The file bill required the state to reimburse the county for the cost of traveling probate judges, and
  • just as a reminder, this is the traveling probate judge reimbursement bill.
  • However, the substitute clarifies that the probate judge can order the reimbursement cost be paid by
TX
Transcript Highlights:
  • Judge for the Statutory Probate Judges of Texas, also, since 1998.
  • legal community and the legislature recommending beneficial changes. concerning the real estate, probate
  • did not ask for a second court being created by the state until the commissioner's court and the probate
  • Training associate judges, mentoring many law clerks who've gone on to successful probate practices.
  • And in 1993, he was elected the president of the Texas Texas College of Probate Judges, and he served
AL

Alabama 2026 1st Special Session

Alabama Senate Finance and Taxation General Fund Committee Feb 25th, 2026

Finance and Taxation General Fund

Transcript Highlights:
  • of probate. of probate.
  • I my probate judge hates this. I my probate judge hates this.
  • "Sheriff, circuit clerk, and probate judge." "And the probate judge.
  • >> Sheriff, circuit clerk, and probate >> Sheriff, circuit clerk, and probate judge.
  • probate judge mostly. Yes. probate judge mostly. Yes.
TX
Summary: The committee considered several House bills dealing with family law and civil procedure. House Bill 1916, concerning a court’s jurisdiction in suits to divide property not divided on dissolution of marriage, was reported favorably on a 4-0 vote and recommended for the local and uncontested calendar. House Bill 1973, addressing proof of the identity of a child’s parents in a suit affecting the parent-child relationship, was also adopted with a committee substitute, reported favorably 4-0, and sent to the local and uncontested calendar. House Bill 2524, on recovery of fees, court costs, and expenses in family law proceedings, and House Bill 2530, on special appointments in suits affecting the parent-child relationship, each received favorable 4-0 votes and were likewise recommended for the local and uncontested calendar. The committee then took up House Bill 3180, which was reported favorably 4-0 and recommended for the local and uncontested calendar. The most detailed discussion centered on House Bill 40, relating to updates to business courts. Senator Hughes explained a committee amendment that made conforming changes requested by the Finance Committee and removed language creating two new judgeships, replacing it with a different judge allocation. The amendment was adopted, the amended committee substitute was adopted, and the bill was reported favorably on a 4-0 vote and sent to the local and uncontested calendar. At the end of the meeting, members briefly clarified procedural details about the House Bill 40 amendment and then closed out the agenda. The committee also noted a correction to an earlier reference to Bartleby the Scrivener, and the Chair recessed the Committee on Jurisprudence subject to the call of the chair.
TX

Texas 89th Regular

Jurisprudence (Part I) May 21st, 2025

Jurisprudence

Transcript Highlights:
  • It updates probate procedures so that original wills can be physically transferred by a qualified delivery
  • chairman this is the companion to Senate bill 1448 that was passed unanimously by the Senate it updates probate
  • delivery method and it treats paper copies of ...clarifications in the Estates Code to streamline probate
Summary: The committee heard several House bills, most of them relating to family law and court procedure, and left each bill pending after testimony. House Bill 1916 would clarify that the court that issued a final divorce decree retains exclusive jurisdiction over later actions involving undivided property. House Bill 1973 would require a certified birth certificate, if reasonably available, to be filed with a SAPCR petition or allow alternative proof of parentage while keeping the information confidential. House Bill 2530 would add qualifications and procedural safeguards for appointing amicus attorneys in SAPCR cases, including notice and hearing requirements, minimum qualifications, conflict rules, and limits on what amicus attorneys may do. House Bill 2524 would make Family Code references to attorney’s fees consistent by using “reasonable and necessary” language. House Bill 3180 would correct a scrivener’s error in the civil discovery rules by changing “settlement” to “statement.” The committee also heard House Bill 4213, which would change the interest rate on overdue child support from the current 6 percent simple interest to a fixed 5 percent and require the Attorney General to report on the impact of the change. Testimony was sharply divided: supporters argued lower interest could improve collections and help low-income obligors catch up, citing research and the size of child-support arrearages; opponents said lowering the rate would reduce incentives to pay and harm custodial parents and children. The Attorney General’s office raised implementation concerns about a House version that would have created a variable rate, while the committee substitute was described as restoring a simple fixed rate. After testimony, the bill was left pending. The committee also discussed House Bill 40, updating business court provisions and supplemental jurisdiction; House Bill 3421, streamlining probate procedures for original wills and copies; and House Bill 417, clarifying venue for lawsuits involving private transfer fees on real property. Each drew limited testimony and was left pending. Finally, House Bill 3783 drew extensive testimony on court-ordered counseling and reunification therapy in family cases. The sponsor and supporters said the bill would protect children and abuse victims from coercive, unregulated reunification practices, while opponents argued it was too broad, could interfere with legitimate therapy and judicial discretion, and might affect military families and other high-conflict cases. The committee heard testimony from judges, therapists, parents, survivors, and advocates, but took no final action and left the bill pending.
TX

Texas 89th Regular

Judiciary & Civil Jurisprudence May 21st, 2025

Judiciary & Civil Jurisprudence

Transcript Highlights:
  • Zaffirini's bill relating to excess contributions and fees allocated to statutory obligations. and probate
  • Judge Herman, I have you here on behalf of the Statutory Probate Courts of Texas and you're self-registered
  • Chairman Leach, Vice Chair Johnson, and other members of this committee, we, the Statutory Probate Courts
  • Judge Herman, I have you here on behalf of yourself and the Statutory Probate Court of Texas registered
  • The Statutory Probate Courts support this bill.
TX
Transcript Highlights:
  • Estate and Probate Institute, also known as TREP.
  • Currently, most uncontested probate cases are heard by the county judge.
  • However, if a party to a probate proceeding files a motion to assign a ... assignment to a probate judge
  • There are only 12 counties with a permanent probate judge out of 254.
  • traveling probate judge, they will have to pay for it.
TX

Texas 89th Regular

Jurisprudence (Part I) Apr 9th, 2025

Jurisprudence

Transcript Highlights:
  • Estate and Probate Institute, also known as TREP.
  • Senate Bill 302 traveling probate judge reimbursement is a rural county.
  • However, if a party to a probate proceedings files a motion to assign of assignment to a probate judge
  • So, um, it costs, local, there's only 12 counties with a permanent probate judge.
  • A traveling probate judge, they're going to have to pay it.
AL

Alabama 2025 Regular Session

Alabama Senate Judiciary Committee Apr 9th, 2025

Judiciary

Transcript Highlights:
  • hospital would file a lien against Medicare or Medicaid or Tricare rather than filing a hospital lien in probate
  • It's filed in the probate court of the county where the hospital provided the services. that the hospital
  • hospital bills Blue Cross Blue Shield in those cases rather than filing it as a hospital lien in probate
TX

Texas 89th Regular

Jurisprudence Apr 9th, 2025

Jurisprudence

Transcript Highlights:
  • Estate and Probate Institute, also known as T-REP.
  • Currently, most uncontested probate cases are heard by the county judge.
  • However, if a party to a probate proceeding files a motion to assign a probate judge to hear a contested
  • There's only 12 counties with a permanent probate judge. Out of 2,154, there's a...
  • Only 12 counties with a permanent probate judge.
Summary: The committee heard several probate, family law, judicial, property, and contract-related bills. Senate Bill 1335, relating to decedents’ estates, would remove outdated references to a clerk’s certificate, allow courts to remove personal representatives on their own motion with notice by qualified delivery method, and add independent administrators to provisions that referenced only independent executors; an estate-planning attorney testified in support, and the bill was left pending. Senate Bill 1760, concerning guardianship transfer fees and procedures, was described as setting a $45 filing fee for transferred guardianship cases and clarifying completion and dismissal procedures; it received no testimony and was left pending. Senate Bill 2127 would shorten the eligibility period for retired judges to serve as visiting judges from eight years to six, restrict practice in their assigned region for two years, and require conflict-related certification; it also was left pending without testimony. Senate Bill 302 would shift the cost of a traveling probate judge to the requesting estate or parties rather than the county; one witness registered in favor, no one testified, and the bill was left pending. The committee then considered a committee substitute for Senate Bill 252, which would clarify the parental presumption in conservatorship cases, require non-parents seeking relief against a parent to file an affidavit showing significant impairment to the child if relief is denied, require courts to state specific findings when overcoming the presumption, confirm the clear-and-convincing standard, and clarify that agreed prior orders do not defeat the presumption. The substitute was explained as consensus language from a work group, public testimony was reopened, and the bill was left pending. Senate Bill 1734, on deed fraud, would create a streamlined ex parte process for property owners to have fraudulent deeds declared void, modeled on the fraudulent lien statute; county clerk and title association representatives testified that it would provide a low-cost self-help remedy for a growing problem, and the bill was left pending subject to the chair. Senate Bill 1975 would prevent Texas contractors from being forced to litigate disputes in foreign jurisdictions and require disputes to be handled in the county where the project is located; it was presented as a repeat of a previously vetoed bill and was left pending. Finally, the committee took up a substitute for Senate Bill 1940, concerning transfer-on-death style beneficiary designations for manufactured homes. The substitute would allow one or more beneficiaries instead of only one, transfer the interest to surviving designated beneficiaries who survive by 120 hours, extend the application period for transfer to 365 days, void the designation if not timely filed, and require mailing by certified or registered mail with return receipt requested. The substitute was adopted without objection. The committee then recessed subject to the call of the chair.