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78R8409 CLG-F
By: Hartnett H.B. No. 2432
A BILL TO BE ENTITLED
AN ACT
relating to jurisdiction of courts with respect to probate
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading of Section 5, Texas Probate Code, is
amended to read as follows:
Sec. 5. JURISDICTION [OF DISTRICT COURT AND OTHER COURTS OF
RECORD] WITH RESPECT TO PROBATE PROCEEDINGS [AND APPEALS FROM
PROBATE ORDERS].
SECTION 2. Section 5, Texas Probate Code, is amended by
amending Subsections (b), (c), (d), and (e) and adding Subsections
(b-1)-(b-5), (h), and (i) to read as follows:
(b) In those counties in which there is no statutory probate
court, county court at law, or other statutory court exercising the
jurisdiction of a probate court, all applications, petitions, and
motions regarding probate and administrations shall be filed and
heard in the county court. In[, except that in] contested probate
matters, the judge of the county court may on the judge's own motion
or [(or] shall on the motion of any party to the proceeding,
according to the motion:
(1) [)] request [as provided by Section 25.0022,
Government Code,] the assignment of a statutory probate court judge
to hear the contested portion of the proceeding, as provided by
Section 25.0022, Government Code; or
(2) transfer the contested portion of the proceeding
to the district court, which may then hear the contested matter as
if originally filed in district court.
(b-1) If the judge of the county court has not transferred a
contested probate matter to the district court at the time a party
files a motion for assignment of a statutory probate court judge,
the county judge shall grant the motion and may not transfer the
matter to district court unless the party withdraws the motion.
(b-2) A statutory probate court judge assigned to a
contested probate matter as provided by Subsection (b) of this
section [this subsection] has for that matter the jurisdiction and
authority granted to a statutory probate court by Sections 5A and 5B
of this code. On resolution of a contested matter to which a
statutory probate court judge has been assigned, the statutory
probate court judge shall transfer the resolved portion of the case
to the county court for further proceedings not inconsistent with
the orders of the statutory probate court judge [The county court
shall continue to exercise jurisdiction over the management of the
estate with the exception of the contested matter until final
disposition of the contested matter is made by the assigned judge or
the district court].
(b-3) In contested matters transferred to the district
court [in those counties], the district court has [, concurrently
with the county court, shall have] the general jurisdiction of a
probate court. Upon resolution of all pending contested matters,
the contested portion of the probate proceeding shall be
transferred by the district court to the county court for further
proceedings not inconsistent with the orders of the district court.
(b-4) The county court shall continue to exercise
jurisdiction over the management of the estate with the exception
of the contested matter until final disposition of the contested
matter is made by the assigned statutory probate court judge or the
district court.
(b-5) If a contested portion of the proceeding is
transferred to a district court under Subsection (b-3) of this
section [this subsection], the clerk of the district court may
perform in relation to the transferred portion of the proceeding
any function a county clerk may perform in that type of contested
proceeding.
(c) In those counties in which there is no statutory probate
court, but in which there is a county court at law or other
statutory court exercising the jurisdiction of a probate court, all
applications, petitions, and motions regarding probate and
administrations shall be filed and heard in those courts and the
constitutional county court[, rather than in the district courts],
unless otherwise provided by law. The judge of a county court may
hear any of those matters regarding probate or administrations
sitting for the judge of any other county court. In contested
probate matters, the judge of the constitutional county court may
on the judge's own motion, and shall on the motion of a party to the
proceeding, transfer the proceeding to the county court at law or a
statutory court exercising the jurisdiction of a probate court
other than a statutory probate court. The court to which the
proceeding is transferred may hear the proceeding as if originally
filed in the court.
(d) In those counties in which there is a statutory probate
court, all applications, petitions, and motions regarding probate
or administrations shall be filed and heard in the statutory
probate court[, unless otherwise provided by law].
(e) A statutory probate court has concurrent jurisdiction
with the district court in all personal injury, survival, or
wrongful death actions by or against a person in the person's
capacity as a personal representative, in all actions involving an
inter vivos trust, in all actions involving a charitable trust, and
in all actions involving a testamentary trust.
(h) A statutory probate court has jurisdiction over any
matter appertaining to an estate or incident to an estate and has
jurisdiction over any cause of action in which a personal
representative of an estate pending in the statutory probate court
is a party.
(i) A statutory probate court may exercise the pendent and
ancillary jurisdiction necessary to promote judicial efficiency
and economy.
SECTION 3. The heading of Section 5A, Texas Probate Code, is
amended to read as follows:
Sec. 5A. MATTERS APPERTAINING AND INCIDENT TO AN ESTATE
[AND OTHER PROBATE COURT JURISDICTION].
SECTION 4. Section 5A(b), Texas Probate Code, is amended to
read as follows:
(b) In proceedings in the statutory probate courts and
district courts, the phrases "appertaining to estates" and
"incident to an estate" in this Code include the probate of wills,
the issuance of letters testamentary and of administration, and the
determination of heirship, and also include, but are not limited
to, all claims by or against an estate, all actions for trial of
title to land and for the enforcement of liens thereon, all actions
for trial of the right of property, all actions to construe wills,
the interpretation and administration of testamentary trusts and
the applying of constructive trusts, and generally all matters
relating to the settlement, partition, and distribution of estates
of deceased persons. All statutory probate courts may, in the
exercise of their jurisdiction, notwithstanding any other
provisions of this Code, hear all suits, actions, and applications
filed against or on behalf of any heirship proceeding or decedent's
estate, including estates administered by an independent executor;
all such suits, actions, and applications are appertaining to and
incident to an estate. This subsection shall be construed in
conjunction with and in harmony with Section 145 and all other
sections of this Code dealing with independent executors, but shall
not be construed so as to increase permissible judicial control
over independent executors. Except for [All statutory probate
courts shall have the same powers over independent executors that
are exercisable by the district courts. In] situations in which
[where] the jurisdiction of a statutory probate court is concurrent
with that of a district court as provided by Section 5(e) of this
code or any other court, any cause of action appertaining to estates
or incident to an estate shall be brought in a statutory probate
court [rather than in the district court].
SECTION 5. Sections 5(a), 5A(c), 5A(d), and 5A(e), Texas
Probate Code, are repealed.
SECTION 6. The changes in law made by this Act apply only to
a proceeding that is instituted on or after the effective date of
this Act. A proceeding that is instituted before the effective date
of this Act is governed by the law in effect on the date the
proceeding was instituted, and the former law is continued in
effect for that purpose.
SECTION 7. This Act takes effect September 1, 2003.