Texas Estates Code 31.002 – Matters Related to Probate Proceeding
(a) For purposes of this code, in a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, a matter related to a probate proceeding includes:
(1) an action against a personal representative or former personal representative arising out of the representative’s performance of the duties of a personal representative;
(2) an action against a surety of a personal representative or former personal representative;
(3) a claim brought by a personal representative on behalf of an estate;
(4) an action brought against a personal representative in the representative’s capacity as personal representative;
(5) an action for trial of title to real property that is estate property, including the enforcement of a lien against the property; and
(6) an action for trial of the right of property that is estate property.
(b) For purposes of this code, in a county in which there is no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction, a matter related to a probate proceeding includes:
(1) all matters and actions described in Subsection (a);
(2) the interpretation and administration of a testamentary trust if the will creating the trust has been admitted to probate in the court; and
(3) the interpretation and administration of an inter vivos trust created by a decedent whose will has been admitted to probate in the court.
Terms Used In Texas Estates Code 31.002
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Decedent: A deceased person.
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Inter vivos: Transfer of property from one living person to another living person.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031 - Probate: Proving a will
- Property: means real and personal property. See Texas Government Code 311.005
- Statutory probate court: means a court created by statute and designated as a statutory probate court under Chapter 25, Government Code. See Texas Estates Code 22.007
- Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) For purposes of this code, in a county in which there is a statutory probate court, a matter related to a probate proceeding includes:
(1) all matters and actions described in Subsections (a) and (b); and
(2) any cause of action in which a personal representative of an estate pending in the statutory probate court is a party in the representative’s capacity as personal representative.