Article VI.
Judiciary

Section 6. Jurisdiction of Probate Court

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Probate Jurisdiction

Original jurisdiction in law and equity for the administration of the estates of deceased persons and all guardianship and incompetency proceedings, including jurisdiction over the administration of trust estates and for the determination of taxes contingent upon death, shall be provided by law.

Administration of Estates

Original jurisdiction in law and equity for the administration of the estates of deceased persons and all guardianship and incompetency proceedings, including jurisdiction over the administration of trust estates and for the determination of taxes contingent upon death shall be provided by law.

Jurisdiction of Probate Court

The Probate Court shall have unlimited original jurisdiction in law and equity for the administration of the estates of deceased persons and all guardianship and incompetency proceedings, and such further jurisdiction as the legislature may establish, including jurisdiction over the administration of trust estates and for the determination of taxes contingent upon death. Until otherwise provided by law, each county shall constitute a probate court district and there shall be one or more probate judges in each district. Each judge of the probate court in any district shall be a resident of such district at the time of his selection and during his continuance in office.

Probate Court -- Judges to be Elected -- Jurisdiction

There shall be established in each organized county in the State a probate court, which shall be a court of record, and be held at such time and place as may be prescribed by law. It shall be held by one judge, whose qualifications may be established by law. The judge shall be elected by the voters of the county for a term of four years. He shall be a resident of such county at the time of his election, and reside therein during his continuance in office. His compensation shall be provided by law. He may appoint his own clerk or register of probate for such county, whose powers, duties, term of office and compensation shall be prescribed by law. A probate court shall have jurisdiction over the person and estate, either or both, of persons under guardianship; over estates of deceased persons; and such further jurisdiction as the legislature may from time to time establish by a two-thirds vote.

Probate Court -- Judges to be Elected -- Jurisdiction

There shall be established in each organized County in the State a Probate Court, which shall be a Court of Record, and be held at such times and places as may be prescribed by law. It shall be held by one Judge, who shall be elected by the voters of the County, for the term of four years. He shall be a resident of such County at the time of his election, and reside therein during his continuance in office; and his compensation shall be provided by law. He may appoint his own Clerk, where none has been elected, but the Legislature may authorize the election by the electors of any County, of one Clerk or Register of Probate for such county, whose powers, duties, term of office and compensation shall be prescribed by law. A Probate Court shall have jurisdiction over the estates of deceased persons and persons under guardianship, but no other jurisdiction, except as prescribed by this Constitution.

Probate Court -- Judges to be Elected -- Jurisdiction

There shall be established in each organized County in the State a Probate Court, which shall be a Court of Record, and be held at such times and places as may be prescribed by law. It shall be held by one Judge, who shall be elected by the voters of the County, for the term of two years. He shall be a resident of such County at the time of his election, and reside therein during his continuance in office, and his compensation shall be provided by law. He may appoint his own Clerk, where none has been elected, but the Legislature may authorize the election by the electors of any County, of one Clerk or Register of Probate for such county, whose powers, duties, term of office and compensation shall be prescribed by law. A Probate Court shall have jurisdiction over the estates of deceased persons and persons under guardianship, but no other jurisdiction, except as prescribed by this Constitution.

Redlined Comparison between 1858 and 1956 Amendment (includes interim changes)

Removed from 1858 Added to 1956

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