in Re Jane Vorwerk

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-99-00478-CV

In re Jane Vorwerk, Relator

ORIGINAL PROCEEDING FROM MILAM COUNTY

Section 5(b) of the Texas Probate Code provides that in contested probate matters a constitutional county court may request the appointment of a statutory probate judge or transfer the contested portion to district court. See Tex. Prob. Code Ann. § 5(b) (West Supp. 1999). Section 5(b) further provides that the county court, if requested, shall transfer contested probate matters "according to the motion." See id. Relator filed the only motion seeking a transfer…