Sec. 8. CONCURRENT VENUE IN PROBATE PROCEEDING    


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  • (a) Concurrent Venue. When two or more courts have concurrent venue of a probate proceeding, the court in which the application for the proceeding is first filed shall have and retain jurisdiction of the proceeding to the exclusion of the other court or courts. The proceeding shall be deemed commenced by the filing of an application averring facts sufficient to confer venue; and the proceeding first legally commenced shall extend to all of the property of the decedent or the decedent's estate. Provided, however, that a bona fide purchaser of real property in reliance on any such subsequent proceeding, without knowledge of its invalidity, shall be protected in such purchase unless before the purchase the decree admitting the will to probate, determining heirship, or granting administration in the prior proceeding is recorded in the office of the county clerk of the county in which such property is located.

    (b) Probate Proceedings in More Than One County. If probate proceedings involving the same estate are commenced in more than one county, each proceeding commenced in a county other than the county in which a proceeding was first commenced is stayed until final determination of venue by the court in the county where first commenced. If the proper venue is finally determined to be in another county, the clerk, after making and retaining a true copy of the entire file in the case, shall transmit the original file to the proper county, and the proceeding shall thereupon be had in the proper county in the same manner as if the proceeding had originally been instituted therein.

    (c) Jurisdiction to Determine Venue. Subject to Subsections (a) and (b) of this section, a court in which an application for a probate proceeding is filed has jurisdiction to determine venue for the proceeding and for any matter related to the proceeding. A court's determination under this subsection is not subject to collateral attack.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1983, 68th Leg., p. 4754, ch. 833, Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 786, Sec. 1, eff. Aug. 31, 1987. Subsec. (c)(2) amended by Acts 2003, 78th Leg., ch. 1060, Sec. 5, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1170 , Sec. 2.01, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 602 , Sec. 1, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1338 , Sec. 1.06, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1338 , Sec. 2.54(c), eff. January 1, 2014.