Sec. 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.
(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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.
Structure Texas Statutes