Sec. 4B. MATTERS RELATED TO PROBATE PROCEEDING    


Latest version.
  • (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) of this section;

    (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.

    (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) of this section; 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.

Added by Acts 2009, 81st Leg., R.S., Ch. 1351 , Sec. 12(b), eff. September 1, 2009. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1351 , Sec. 13(b), eff. January 1, 2014.