Tex.
Est. Code Section 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)
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;(7)
a will construction suit; and(8)
a will modification or reformation proceeding under Subchapter J, Chapter 255 (Construction and Interpretation of Wills).(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.
Source:
Section 31.002 — Matters Related to Probate Proceeding, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.31.htm#31.002
(accessed May 11, 2024).