Q: How do I file for conflict of interest in my probate case? No attorney need to move case to another county

A: To file for a change of venue in your probate case due to a conflict of interest in Texas, you can take several steps. First, review the rules and procedures of the probate court where your case is currently filed. Then, draft a formal motion explaining the conflict of interest and your reasons for requesting the change of venue. File this motion with the court clerk, paying any associated fees, and ensure that you follow local rules for serving notice to other involved parties.

If the court schedules a hearing to consider your motion, attend it prepared to present your case to the judge. If your motion is approved, the judge will issue a court order directing the transfer of the case to another county. Once the case is transferred, you will need to file the necessary documents and pay any fees in the new probate court.

A: If there is no attorney, I don’t understand how there can be a “conflict of interest.” Who has the “conflict”?

In Texas, a probate case must be filed and prosecuted in the county where the decedent was living at the time of their death. If the probate case was filed in the wrong county, you will want to submit competent admissible evidence that the decedent was actually living in the county to which you want the case transferred at the time of the decedent’s death. Important evidence might include deeds, homestead exemptions, leases, drivers license, voters registration, passport, utility bills, etc