Tex. Est. Code Section 34.001
Transfer to Statutory Probate Court of Proceeding Related to Probate Proceeding


(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 court from a district, county, or statutory court a cause of action related to a probate proceeding 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.

(b)

Notwithstanding any other provision of this subtitle, Title 1, Chapter 51 (Notices and Process in Probate Proceedings in General), 52 (Filing and Recordkeeping), 53 (Other Court Duties and Procedures), 54 (Pleadings and Evidence in General), 55 (Complaints and Contests), or 151 (Examination of Documents and Safe Deposit Boxes), or Section 351.001 (Applicability of Common Law), 351.002 (Appeal Bond), 351.053 (Authority to Serve Pending Appeal of Appointment), 351.352 (Ensuring Compliance with Law), 351.353 (Annual Examination of Certain Estates; Bond of Personal Representative), 351.354 (Judge’s Liability), or 351.355 (Identifying Information), the proper venue for an action by or against a personal representative for personal injury, death, or property damages is determined under Section 15.007 (Conflict with Certain Provisions), Civil Practice and Remedies Code.
Added by Acts 1983, 68th Leg., p. 5228, ch. 958, Sec. 1, eff. Sept. 1, 1983. Amended by Acts 1999, 76th Leg., ch. 1431, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 204, Sec. 3.06, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 12(c), eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 1.03, eff. January 1, 2014.
Transferred, redesignated and amended from Probate Code, Art/Sec 5B by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.009, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 20.006, eff. September 1, 2015.

Source: Section 34.001 — Transfer to Statutory Probate Court of Proceeding Related to Probate Proceeding, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­34.­htm#34.­001 (accessed Apr. 29, 2024).

Accessed:
Apr. 29, 2024

§ 34.001’s source at texas​.gov