Sec. 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle B - Procedural Matters
Chapter 53 - Other Court Duties and Procedures
Subchapter C. Procedures for Probate Matters
Section 53.101. Calling of Dockets
Section 53.102. Setting of Certain Hearings by Clerk
Section 53.103. Rendering of Decisions, Orders, Decrees, and Judgments
Section 53.104. Appointment of Attorneys Ad Litem
Section 53.106. Executions in Probate Matters
Section 53.107. Inapplicability of Certain Rules of Civil Procedure