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A BILL TO BE ENTITLED
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AN ACT
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relating to jurisdiction of probate proceedings and proceedings |
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regarding powers of attorney and certain trusts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. JURISDICTION OF CERTAIN PROCEEDINGS: TEXAS PROBATE |
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CODE |
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SECTION 1.01. Section 3(bb), Texas Probate Code, is amended |
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to read as follows: |
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(bb) "Probate proceeding" is synonymous with the terms |
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"Probate matter," ["Probate proceedings,"] "Proceeding in |
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probate," and "Proceedings for probate." The term means a matter or |
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proceeding related to the estate of a decedent [are synonymous] and |
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includes: |
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(1) the probate of a will, with or without |
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administration of the estate; |
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(2) the issuance of letters testamentary and of |
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administration; |
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(3) an heirship determination or small estate |
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affidavit, community property administration, and homestead and |
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family allowances; |
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(4) an application, petition, motion, or action |
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regarding the probate of a will or an estate administration, |
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including a claim for money owed by the decedent; |
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(5) a claim arising from an estate administration |
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and any action brought on the claim; |
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(6) the settling of a personal representative's |
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account of an estate and any other matter related to the settlement, |
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partition, or distribution of an estate; and |
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(7) a will construction suit [include a matter or
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proceeding relating to the estate of a decedent]. |
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SECTION 1.02. Chapter I, Texas Probate Code, is amended by |
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adding Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H to read as |
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follows: |
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Sec. 4A. GENERAL PROBATE COURT JURISDICTION; APPEALS. (a) |
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All probate proceedings must be filed and heard in a court |
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exercising original probate jurisdiction. The court exercising |
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original probate jurisdiction also has jurisdiction of all matters |
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related to the probate proceeding as specified in Section 4B of this |
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code for that type of court. |
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(b) A probate court may exercise pendent and ancillary |
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jurisdiction as necessary to promote judicial efficiency and |
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economy. |
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(c) A final order issued by a probate court is appealable to |
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the court of appeals. |
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Sec. 4B. MATTERS RELATED TO PROBATE PROCEEDING. (a) For |
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purposes of this code, in a county in which there is no statutory |
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probate court or county court at law exercising original probate |
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jurisdiction, a matter related to a probate proceeding includes: |
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(1) an action against a personal representative or |
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former personal representative arising out of the representative's |
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performance of the duties of a personal representative; |
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(2) an action against a surety of a personal |
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representative or former personal representative; |
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(3) a claim brought by a personal representative on |
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behalf of an estate; |
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(4) an action brought against a personal |
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representative in the representative's capacity as personal |
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representative; |
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(5) an action for trial of title to real property that |
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is estate property, including the enforcement of a lien against the |
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property; and |
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(6) an action for trial of the right of property that |
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is estate property. |
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(b) For purposes of this code, in a county in which there is |
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no statutory probate court, but in which there is a county court at |
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law exercising original probate jurisdiction, a matter related to a |
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probate proceeding includes: |
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(1) all matters and actions described in Subsection |
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(a) of this section; |
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(2) the interpretation and administration of a |
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testamentary trust if the will creating the trust has been admitted |
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to probate in the court; and |
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(3) the interpretation and administration of an inter |
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vivos trust created by a decedent whose will has been admitted to |
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probate in the court. |
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(c) For purposes of this code, in a county in which there is |
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a statutory probate court, a matter related to a probate proceeding |
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includes: |
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(1) all matters and actions described in Subsections |
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(a) and (b) of this section; and |
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(2) any cause of action in which a personal |
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representative of an estate pending in the statutory probate court |
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is a party in the representative's capacity as personal |
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representative. |
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Sec. 4C. ORIGINAL JURISDICTION FOR PROBATE PROCEEDINGS. |
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(a) In a county in which there is no statutory probate court or |
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county court at law exercising original probate jurisdiction, the |
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county court has original jurisdiction of probate proceedings. |
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(b) In a county in which there is no statutory probate |
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court, but in which there is a county court at law exercising |
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original probate jurisdiction, the county court at law exercising |
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original probate jurisdiction and the county court have concurrent |
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original jurisdiction of probate proceedings, unless otherwise |
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provided by law. The judge of a county court may hear probate |
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proceedings while sitting for the judge of any other county court. |
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(c) In a county in which there is a statutory probate court, |
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the statutory probate court has original jurisdiction of probate |
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proceedings. |
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Sec. 4D. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN |
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COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY COURT. |
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(a) In a county in which there is no statutory probate court or |
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county court at law exercising original probate jurisdiction, when |
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a matter in a probate proceeding is contested, the judge of the |
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county court may, on the judge's own motion, or shall, on the motion |
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of any party to the proceeding, according to the motion: |
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(1) request the assignment of a statutory probate |
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court judge to hear the contested matter, as provided by Section |
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25.0022, Government Code; or |
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(2) transfer the contested matter to the district |
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court, which may then hear the contested matter as if originally |
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filed in the district court. |
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(b) If a party to a probate proceeding files a motion for the |
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assignment of a statutory probate court judge to hear a contested |
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matter in the proceeding before the judge of the county court |
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transfers the contested matter to a district court under this |
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section, the county judge shall grant the motion for the assignment |
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of a statutory probate court judge and may not transfer the matter |
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to the district court unless the party withdraws the motion. |
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(c) A party to a probate proceeding may file a motion for the |
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assignment of a statutory probate court judge under this section |
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before a matter in the proceeding becomes contested, and the motion |
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is given effect as a motion for assignment of a statutory probate |
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court judge under Subsection (a) of this section if the matter later |
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becomes contested. |
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(d) Notwithstanding any other law, a transfer of a contested |
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matter in a probate proceeding to a district court under any |
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authority other than the authority provided by this section: |
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(1) is disregarded for purposes of this section; and |
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(2) does not defeat the right of a party to the |
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proceeding to have the matter assigned to a statutory probate court |
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judge in accordance with this section. |
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(e) A statutory probate court judge assigned to a contested |
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matter under this section has the jurisdiction and authority |
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granted to a statutory probate court by this code. On resolution of |
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a contested matter for which a statutory probate court judge is |
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assigned under this section, including any appeal of the matter, |
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the statutory probate court judge shall return the matter to the |
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county court for further proceedings not inconsistent with the |
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orders of the statutory probate court or court of appeals, as |
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applicable. |
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(f) A district court to which a contested matter is |
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transferred under this section has the jurisdiction and authority |
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granted to a statutory probate court by this code. On resolution of |
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a contested matter transferred to the district court under this |
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section, including any appeal of the matter, the district court |
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shall return the matter to the county court for further proceedings |
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not inconsistent with the orders of the district court or court of |
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appeals, as applicable. |
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(g) The county court shall continue to exercise |
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jurisdiction over the management of the estate, other than a |
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contested matter, until final disposition of the contested matter |
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is made in accordance with this section. After a contested matter |
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is transferred to a district court, any matter related to the |
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probate proceeding may be brought in the district court. The |
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district court in which a matter related to the probate proceeding |
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is filed may, on its own motion or on the motion of any party, find |
|
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that the matter is not a contested matter and transfer the matter to |
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the county court with jurisdiction of the management of the estate. |
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(h) If a contested matter in a probate proceeding is |
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|
transferred to a district court under this section, the district |
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court has jurisdiction of any contested matter in the proceeding |
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that is subsequently filed, and the county court shall transfer |
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those contested matters to the district court. If a statutory |
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probate court judge is assigned under this section to hear a |
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contested matter in a probate proceeding, the statutory probate |
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court judge shall be assigned to hear any contested matter in the |
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proceeding that is subsequently filed. |
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(i) The clerk of a district court to which a contested |
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matter in a probate proceeding is transferred under this section |
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may perform in relation to the contested matter any function a |
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county clerk may perform with respect to that type of matter. |
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Sec. 4E. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN |
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COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in which |
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there is no statutory probate court, but in which there is a county |
|
|
court at law exercising original probate jurisdiction, when a |
|
|
matter in a probate proceeding is contested, the judge of the county |
|
|
court may, on the judge's own motion, or shall, on the motion of any |
|
|
party to the proceeding, transfer the contested matter to the |
|
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county court at law. In addition, the judge of the county court, on |
|
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the judge's own motion or on the motion of a party to the |
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proceeding, may transfer the entire proceeding to the county court |
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at law. |
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(b) A county court at law to which a proceeding is |
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|
transferred under this section may hear the proceeding as if |
|
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originally filed in that court. If only a contested matter in the |
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proceeding is transferred, on the resolution of the matter, the |
|
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matter shall be returned to the county court for further |
|
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proceedings not inconsistent with the orders of the county court at |
|
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law. |
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Sec. 4F. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN |
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COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which |
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there is a statutory probate court, the statutory probate court has |
|
|
exclusive jurisdiction of all probate proceedings, regardless of |
|
|
whether contested or uncontested. A cause of action related to the |
|
|
probate proceeding must be brought in a statutory probate court |
|
|
unless the jurisdiction of the statutory probate court is |
|
|
concurrent with the jurisdiction of a district court as provided by |
|
|
Section 4H of this code or with the jurisdiction of any other court. |
|
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(b) This section shall be construed in conjunction and in |
|
|
harmony with Section 145 of this code and all other sections of this |
|
|
code relating to independent executors, but may not be construed to |
|
|
expand the court's control over an independent executor. |
|
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Sec. 4G. JURISDICTION OF STATUTORY PROBATE COURT WITH |
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RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which |
|
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there is a statutory probate court, the statutory probate court has |
|
|
jurisdiction of: |
|
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(1) an action by or against a trustee; |
|
|
(2) an action involving an inter vivos trust, |
|
|
testamentary trust, or charitable trust; |
|
|
(3) an action against an agent or former agent under a |
|
|
power of attorney arising out of the agent's performance of the |
|
|
duties of an agent; and |
|
|
(4) an action to determine the validity of a power of |
|
|
attorney or to determine an agent's rights, powers, or duties under |
|
|
a power of attorney. |
|
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Sec. 4H. CONCURRENT JURISDICTION WITH DISTRICT COURT. A |
|
|
statutory probate court has concurrent jurisdiction with the |
|
|
district court in: |
|
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(1) a personal injury, survival, or wrongful death |
|
|
action by or against a person in the person's capacity as a personal |
|
|
representative; |
|
|
(2) an action by or against a trustee; |
|
|
(3) an action involving an inter vivos trust, |
|
|
testamentary trust, or charitable trust; |
|
|
(4) an action involving a personal representative of |
|
|
an estate in which each other party aligned with the personal |
|
|
representative is not an interested person in that estate; |
|
|
(5) an action against an agent or former agent under a |
|
|
power of attorney arising out of the agent's performance of the |
|
|
duties of an agent; and |
|
|
(6) an action to determine the validity of a power of |
|
|
attorney or to determine an agent's rights, powers, or duties under |
|
|
a power of attorney. |
|
|
SECTION 1.03. Section 5B(a), Texas Probate Code, is amended |
|
|
to read as follows: |
|
|
(a) A judge of a statutory probate court, on the motion of a |
|
|
party to the action or on the motion of a person interested in an |
|
|
estate, may transfer to the judge's [his] court from a district, |
|
|
county, or statutory court a cause of action related to a probate |
|
|
proceeding [appertaining to or incident to an estate] pending in |
|
|
the statutory probate court or a cause of action in which a personal |
|
|
representative of an estate pending in the statutory probate court |
|
|
is a party and may consolidate the transferred cause of action with |
|
|
the other proceedings in the statutory probate court relating to |
|
|
that estate. |
|
|
SECTION 1.04. Section 25.0022(i), Government Code, is |
|
|
amended to read as follows: |
|
|
(i) A judge assigned under this section has the |
|
|
jurisdiction, powers, and duties given by Sections 4A, 4C, 4F, 4G, |
|
|
4H [5, 5A], 5B, 606, 607, and 608, Texas Probate Code, to statutory |
|
|
probate court judges by general law. |
|
|
SECTION 1.05. Section 25.1132(c), Government Code, is |
|
|
amended to read as follows: |
|
|
(c) A county court at law in Hood County has concurrent |
|
|
jurisdiction with the district court in: |
|
|
(1) civil cases in which the matter in controversy |
|
|
exceeds $500 but does not exceed $250,000, excluding interest; |
|
|
(2) family law cases and related proceedings; |
|
|
(3) contested probate matters under Section 4D(a) |
|
|
[5(b)], Texas Probate Code; and |
|
|
(4) contested guardianship matters under Section |
|
|
606(b), Texas Probate Code. |
|
|
SECTION 1.06. Section 25.1863(b), Government Code, is |
|
|
amended to read as follows: |
|
|
(b) A county court at law has concurrent jurisdiction with |
|
|
the district court over contested probate |
|
|
matters. Notwithstanding the requirement in [Subsection (b),] |
|
|
Section 4D(a) [5], Texas Probate Code, that the judge of the |
|
|
constitutional county court transfer a contested probate |
|
|
proceeding to the district court, the judge of the constitutional |
|
|
county court shall transfer the proceeding under that section to |
|
|
either a county court at law in Parker County or a district court in |
|
|
Parker County. A county court at law has the jurisdiction, powers, |
|
|
and duties that a district court has under [Subsection (b),] |
|
|
Section 4D(a) [5], Texas Probate Code, for the transferred |
|
|
proceeding, and the county clerk acts as clerk for the proceeding. |
|
|
The contested proceeding may be transferred between a county court |
|
|
at law in Parker County and a district court in Parker County as |
|
|
provided by local rules of administration. |
|
|
SECTION 1.07. Section 123.005(a), Property Code, is amended |
|
|
to read as follows: |
|
|
(a) Venue in a proceeding brought by the attorney general |
|
|
alleging breach of a fiduciary duty by a fiduciary or managerial |
|
|
agent of a charitable trust shall be a court of competent |
|
|
jurisdiction in Travis County or in the county where the defendant |
|
|
resides or has its principal office. To the extent of a conflict |
|
|
between this subsection and any provision of the Texas Probate Code |
|
|
providing for venue of a proceeding brought with respect to a |
|
|
charitable trust created by a will that has been admitted to |
|
|
probate, this subsection controls. |
|
|
SECTION 1.08. Sections 4, 5, and 5A, Texas Probate Code, are |
|
|
repealed. |
|
|
SECTION 1.09. The changes in law made by this article apply |
|
|
only to an action filed or a proceeding commenced on or after the |
|
|
effective date of this Act. An action filed or proceeding commenced |
|
|
before the effective date of this Act is governed by the law in |
|
|
effect on the date the action was filed or the proceeding was |
|
|
commenced, and the former law is continued in effect for that |
|
|
purpose. |
|
|
ARTICLE 2. JURISDICTION OF CERTAIN PROCEEDINGS: TEXAS PROBATE CODE |
|
|
RECODIFICATION |
|
|
SECTION 2.01. Effective January 1, 2014, Subtitle A, Title |
|
|
2, Estates Code, as adopted by H.B. No. 2502, Acts of the 81st |
|
|
Legislature, Regular Session, 2009, if that Act is enacted and |
|
|
becomes law, and Subtitle A, Title 2, Estates and Guardianships |
|
|
Code, as adopted by S.B. No. 2071, Acts of the 81st Legislature, |
|
|
Regular Session, 2009, if that Act is enacted and becomes law, are |
|
|
amended by adding Chapters 31 and 32 to read as follows: |
|
|
CHAPTER 31. GENERAL PROVISIONS |
|
|
Sec. 31.001. SCOPE OF "PROBATE PROCEEDING" FOR PURPOSES OF |
|
|
CODE. The term "probate proceeding," as used in this code, |
|
|
includes: |
|
|
(1) the probate of a will, with or without |
|
|
administration of the estate; |
|
|
(2) the issuance of letters testamentary and of |
|
|
administration; |
|
|
(3) an heirship determination or small estate |
|
|
affidavit, community property administration, and homestead and |
|
|
family allowances; |
|
|
(4) an application, petition, motion, or action |
|
|
regarding the probate of a will or an estate administration, |
|
|
including a claim for money owed by the decedent; |
|
|
(5) a claim arising from an estate administration and |
|
|
any action brought on the claim; |
|
|
(6) the settling of a personal representative's |
|
|
account of an estate and any other matter related to the settlement, |
|
|
partition, or distribution of an estate; and |
|
|
(7) a will construction suit. |
|
|
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. |
|
|
CHAPTER 32. JURISDICTION |
|
|
Sec. 32.001. GENERAL PROBATE COURT JURISDICTION; APPEALS. |
|
|
(a) All probate proceedings must be filed and heard in a court |
|
|
exercising original probate jurisdiction. The court exercising |
|
|
original probate jurisdiction also has jurisdiction of all matters |
|
|
related to the probate proceeding as specified in Section 31.002 |
|
|
for that type of court. |
|
|
(b) A probate court may exercise pendent and ancillary |
|
|
jurisdiction as necessary to promote judicial efficiency and |
|
|
economy. |
|
|
(c) A final order issued by a probate court is appealable to |
|
|
the court of appeals. |
|
|
Sec. 32.002. ORIGINAL JURISDICTION FOR PROBATE |
|
|
PROCEEDINGS. (a) In a county in which there is no statutory |
|
|
probate court or county court at law exercising original probate |
|
|
jurisdiction, the county court has original jurisdiction of probate |
|
|
proceedings. |
|
|
(b) 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, the county court at law exercising |
|
|
original probate jurisdiction and the county court have concurrent |
|
|
original jurisdiction of probate proceedings, unless otherwise |
|
|
provided by law. The judge of a county court may hear probate |
|
|
proceedings while sitting for the judge of any other county court. |
|
|
(c) In a county in which there is a statutory probate court, |
|
|
the statutory probate court has original jurisdiction of probate |
|
|
proceedings. |
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Sec. 32.003. JURISDICTION OF CONTESTED PROBATE PROCEEDING |
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IN COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY |
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COURT. (a) In a county in which there is no statutory probate court |
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or county court at law exercising original probate jurisdiction, |
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when a matter in a probate proceeding is contested, the judge of the |
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county court may, on the judge's own motion, or shall, on the motion |
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of any party to the proceeding, according to the motion: |
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(1) request the assignment of a statutory probate |
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court judge to hear the contested matter, as provided by Section |
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25.0022, Government Code; or |
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(2) transfer the contested matter to the district |
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court, which may then hear the contested matter as if originally |
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filed in the district court. |
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(b) If a party to a probate proceeding files a motion for the |
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assignment of a statutory probate court judge to hear a contested |
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matter in the proceeding before the judge of the county court |
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transfers the contested matter to a district court under this |
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section, the county judge shall grant the motion for the assignment |
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of a statutory probate court judge and may not transfer the matter |
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to the district court unless the party withdraws the motion. |
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(c) A party to a probate proceeding may file a motion for the |
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assignment of a statutory probate court judge under this section |
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before a matter in the proceeding becomes contested, and the motion |
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is given effect as a motion for assignment of a statutory probate |
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court judge under Subsection (a) if the matter later becomes |
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contested. |
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(d) Notwithstanding any other law, a transfer of a contested |
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matter in a probate proceeding to a district court under any |
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authority other than the authority provided by this section: |
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(1) is disregarded for purposes of this section; and |
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(2) does not defeat the right of a party to the |
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proceeding to have the matter assigned to a statutory probate court |
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judge in accordance with this section. |
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(e) A statutory probate court judge assigned to a contested |
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matter under this section has the jurisdiction and authority |
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granted to a statutory probate court by this subtitle. On |
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resolution of a contested matter for which a statutory probate |
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court judge is assigned under this section, including any appeal of |
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the matter, the statutory probate court judge shall return the |
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matter to the county court for further proceedings not inconsistent |
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with the orders of the statutory probate court or court of appeals, |
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as applicable. |
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(f) A district court to which a contested matter is |
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transferred under this section has the jurisdiction and authority |
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granted to a statutory probate court by this subtitle. On |
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resolution of a contested matter transferred to the district court |
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under this section, including any appeal of the matter, the |
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district court shall return the matter to the county court for |
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further proceedings not inconsistent with the orders of the |
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district court or court of appeals, as applicable. |
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(g) The county court shall continue to exercise |
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jurisdiction over the management of the estate, other than a |
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contested matter, until final disposition of the contested matter |
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is made in accordance with this section. After a contested matter |
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is transferred to a district court, any matter related to the |
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probate proceeding may be brought in the district court. The |
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district court in which a matter related to the probate proceeding |
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is filed may, on its own motion or on the motion of any party, find |
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that the matter is not a contested matter and transfer the matter to |
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the county court with jurisdiction of the management of the estate. |
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(h) If a contested matter in a probate proceeding is |
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transferred to a district court under this section, the district |
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court has jurisdiction of any contested matter in the proceeding |
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that is subsequently filed, and the county court shall transfer |
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those contested matters to the district court. If a statutory |
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probate court judge is assigned under this section to hear a |
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contested matter in a probate proceeding, the statutory probate |
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court judge shall be assigned to hear any contested matter in the |
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proceeding that is subsequently filed. |
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(i) The clerk of a district court to which a contested |
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matter in a probate proceeding is transferred under this section |
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may perform in relation to the contested matter any function a |
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county clerk may perform with respect to that type of matter. |
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Sec. 32.004. JURISDICTION OF CONTESTED PROBATE PROCEEDING |
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IN COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in which |
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there is no statutory probate court, but in which there is a county |
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court at law exercising original probate jurisdiction, when a |
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matter in a probate proceeding is contested, the judge of the county |
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court may, on the judge's own motion, or shall, on the motion of any |
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party to the proceeding, transfer the contested matter to the |
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county court at law. In addition, the judge of the county court, on |
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the judge's own motion or on the motion of a party to the |
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proceeding, may transfer the entire proceeding to the county court |
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at law. |
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(b) A county court at law to which a proceeding is |
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transferred under this section may hear the proceeding as if |
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originally filed in that court. If only a contested matter in the |
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proceeding is transferred, on the resolution of the matter, the |
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matter shall be returned to the county court for further |
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proceedings not inconsistent with the orders of the county court at |
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law. |
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Sec. 32.005. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING |
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IN COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which |
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there is a statutory probate court, the statutory probate court has |
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exclusive jurisdiction of all probate proceedings, regardless of |
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whether contested or uncontested. A cause of action related to the |
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probate proceeding must be brought in a statutory probate court |
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unless the jurisdiction of the statutory probate court is |
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concurrent with the jurisdiction of a district court as provided by |
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Section 32.007 or with the jurisdiction of any other court. |
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(b) This section shall be construed in conjunction and in |
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harmony with Section 145 and all other sections of this title |
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relating to independent executors, but may not be construed to |
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expand the court's control over an independent executor. |
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Sec. 32.006. JURISDICTION OF STATUTORY PROBATE COURT WITH |
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RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which |
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there is a statutory probate court, the statutory probate court has |
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jurisdiction of: |
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(1) an action by or against a trustee; |
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(2) an action involving an inter vivos trust, |
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testamentary trust, or charitable trust; |
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(3) an action against an agent or former agent under a |
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power of attorney arising out of the agent's performance of the |
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duties of an agent; and |
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(4) an action to determine the validity of a power of |
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attorney or to determine an agent's rights, powers, or duties under |
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a power of attorney. |
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Sec. 32.007. CONCURRENT JURISDICTION WITH DISTRICT COURT. |
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A statutory probate court has concurrent jurisdiction with the |
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district court in: |
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(1) a personal injury, survival, or wrongful death |
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action by or against a person in the person's capacity as a personal |
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representative; |
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(2) an action by or against a trustee; |
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(3) an action involving an inter vivos trust, |
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testamentary trust, or charitable trust; |
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(4) an action involving a personal representative of |
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an estate in which each other party aligned with the personal |
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representative is not an interested person in that estate; |
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(5) an action against an agent or former agent under a |
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power of attorney arising out of the agent's performance of the |
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duties of an agent; and |
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(6) an action to determine the validity of a power of |
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attorney or to determine an agent's rights, powers, or duties under |
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a power of attorney. |
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SECTION 2.02. Sections 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4H, |
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Texas Probate Code, as added by Article 1 of this Act, are repealed. |
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SECTION 2.03. (a) Except as provided by Subsection (b) of |
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this section, this article takes effect January 1, 2014. |
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(b) The changes in law made by this article take effect only |
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if H.B. No. 2502 or S.B. No. 2071, Acts of the 81st Legislature, |
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Regular Session, 2009, is enacted and becomes law. If neither bill |
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becomes law, this article has no effect. |
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ARTICLE 3. EFFECTIVE DATE |
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SECTION 3.01. Except as otherwise provided by this Act, |
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this Act takes effect September 1, 2009. |