In Re Estate of Alexander

Appellant Ben C. Lambeth filed suit in the County Court of McLennan County, sitting as a probate court, alleging the existence of a nuncupative will made by the decedent Stephen Ellis Alexander. On Lambeths motion, the County Court transferred the case to a McLennan County district court, which rendered judgment in favor of Appellees Cheryl and Deborah Alexander, Stephens sisters, who alleged that Stephen died intestate. Because there is no legal basis for a constitutional county court to transfer a probate matter to a district court in a county in which there is a statutory county court, we will vacate the judgment of the district court and remand this cause to the district court with instructions to return the case to the constitutional county court, where jurisdiction remains.