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Click here for the full text of this decision FACTS:Bob Marshall Denison filed a petition for an accounting of the estate of Ida Baldwin Denison on Nov. 5, 2003, in Stonewall County. That same day, Denison also filed a motion seeking the assignment of a statutory probate court judge to hear both that motion and the petition for an accounting. The county court denied Denison’s motion for assignment on March 1, 2004, so Denison filed for a writ of mandamus. HOLDING:Writ denied. The court notes that in counties such as Stonewall, there is no statutory probate court, no county court at law and no other statutory court exercising probate jurisdiction. In these counties, Probate Code 5 requires that all applications, petitions and motions regarding probate and the administration of estates be filed and heard in the county court. Then, in Probate Coe 5(b-1), it says a judge shall not transfer a case to a district court if the county court has not transferred a contested probate matter at the time a party files a motion for assignment. In this case, the county court had transferred the cause to the district court for a hearing on contested issues. The court, therefore, cannot find that the county court clearly abused its discretion or violated a legal or ministerial duty by failing to assign a statutory probate court judge to hear the petition for a subsequent accounting or the motion for assignment itself. OPINION:McCall, J.; Arnot, C.J., Wright and McCall, JJ.

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