Rule 311.On Appeal from Probate Court
Last verified June 28, 2026
Full Text of Rule 311
Plain-English Summary
Rule 311 keeps enforcement of probate matters in the probate court. When a higher court decides an appeal or certiorari from a county court sitting in probate, its judgment is certified to that county court for observance. The county court then follows and enforces the decision in the estate.
Frequently Asked Questions
What happens to a probate appeal judgment in Texas?
Under Rule 311, it is certified back to the county court sitting in probate, which observes and enforces it.
Does Rule 311 cover every appeal from a county court?
No. Rule 311 covers only a judgment on appeal or certiorari from a county court sitting in probate. It does not address appeals from a county court's other, non-probate business.
What role does the county court play once a probate judgment is certified back under Rule 311?
The county court observes the judgment. Rule 311 does not give the county court a role in re-deciding the case — only in carrying out the judgment already reached on appeal or certiorari.