Texas Estates Code 32.006 – Jurisdiction of Statutory Probate Court With Respect to Trusts and Powers of Attorney
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Terms Used In Texas Estates Code 32.006
- 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 - 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.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Probate: Proving a will
- 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
- Trustee: A person or institution holding and administering property in trust.
In a county in which there is a statutory probate court, the statutory probate court has jurisdiction of:
(1) an action by or against a trustee;
(2) an action involving an inter vivos trust, testamentary trust, or charitable trust;
(3) an action by or against an agent or former agent under a power of attorney arising out of the agent’s performance of the duties of an agent; and
(4) an action to determine the validity of a power of attorney or to determine an agent’s rights, powers, or duties under a power of attorney.