Estates Code § 31.002

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. Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.