By: Wentworth S.B. No. 1005
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the jurisdiction of a statutory probate court in
1-2 certain matters relating to decedents' estates.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5A(b), Texas Probate Code, is amended to
1-5 read as follows:
1-6 (b) In proceedings in the statutory probate courts and
1-7 districts courts, the phrases "appertaining to estates" and
1-8 "incident to an estate" in this Code include the probate of wills,
1-9 the issuance of letters testamentary and of administration, and the
1-10 determination of heirship, and also include, but are not limited
1-11 to, all claims by or against an estate, all actions for trial of
1-12 title to land and for the enforcement of liens thereon, all actions
1-13 for trial of the right of property, all actions to construe wills,
1-14 the interpretation and administration of testamentary trusts and
1-15 the applying of constructive trusts, and generally all matters
1-16 relating to the settlement, partition, and distribution of estates
1-17 of deceased persons. All statutory probate courts may, in the
1-18 exercise of their jurisdiction, notwithstanding any other
1-19 provisions of this Code, hear all suits, actions, and applications
1-20 filed against or on behalf of any heirship proceeding or decedent's
1-21 estate, including estates administered by an independent executor;
1-22 all such suits, actions, and applications are appertaining to and
2-1 incident to an estate [for the purposes of this section]. This
2-2 subsection shall be construed in conjunction with and in harmony
2-3 with Section 145 and all other sections of this Code dealing with
2-4 independent executors, but shall not be construed so as to increase
2-5 permissible judicial control over independent executors. All
2-6 statutory probate courts shall have the same powers over
2-7 independent executors that are exercisable by the district courts.
2-8 In situations where the jurisdiction of a statutory probate court
2-9 is concurrent with that of a district court, any cause of action
2-10 appertaining to estates or incident to an estate shall be brought
2-11 in a statutory probate court rather than in the district court.
2-12 SECTION 2. This Act takes effect September 1, 1999.