§ 5. JURISDICTION WITH RESPECT TO PROBATE PROCEEDINGS. (a) Repealed by Acts 2003, 78th Leg., ch. 1060, § 16. (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 contested probate matters, the judge of the county court may on the judge's own motion or shall on the motion of any party to the proceeding, according to the motion: (1) request 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 under this section by 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. A party to a proceeding may file a motion for assignment of a statutory probate court judge under this section before the matter becomes a contested probate matter, and the motion is given effect as a motion for assignment of a statutory probate court judge under Subsection (b) of this section if the matter later becomes contested. A transfer of a contested probate matter to district court under any authority other than the authority provided by this section: (1) is disregarded for purposes of this section; and (2) does not defeat the right of a party to the matter to have the matter assigned to a statutory probate court judge in accordance with this section. (b-2) A statutory probate court judge assigned to a contested probate matter as provided by Subsection (b) of this section has the jurisdiction and authority granted to a statutory probate court by this section and Sections 5A and 5B of this code. On resolution of a contested matter, including an appeal of a 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. (b-3) In contested matters transferred to the district court, the district court has the general jurisdiction of a probate court. On resolution of a contested matter, including an appeal of a matter, the district court shall transfer the resolved portion of the case 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, 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, 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. (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 by or against a trustee, in all actions involving an inter vivos trust, testamentary trust, or charitable trust, and in all actions 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. (f) All courts exercising original probate jurisdiction shall have the power to hear all matters incident to an estate. When a surety is called on to perform in place of an administrator, all courts exercising original probate jurisdiction may award judgment against the personal representative in favor of his surety in the same suit. (g) All final orders of any court exercising original probate jurisdiction shall be appealable to the courts of appeals. (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. Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1973, 63rd Leg., p. 1684, ch. 610, § 1; Acts 1975, 64th Leg., p. 2195, ch. 701, § 2, eff. June 21, 1975; Acts 1977, 65th Leg., p. 1170, ch. 448, § 1, eff. Aug. 29, 1977; Acts 1979, 66th Leg., p. 1740, ch. 713, § 2, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 4122, ch. 647, § 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5434, ch. 1015, § 1, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 159, § 3, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 459, § 4, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1035, § 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 957, § 5, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1435, § 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1389, § 1, eff. Aug. 30, 1999; Acts 2001, 77th Leg., ch. 63, § 1, eff. Sept. 1, 2001. Section heading amended by Acts 2003, 78th Leg., ch. 1060, § 1, eff. Sept. 1, 2003; Subsec. (a) repealed by Acts 2003, 78th Leg., ch. 1060, § 16, eff. Sept. 1, 2003; Subsecs. (b) and (c) to (e) amended by Acts 2003, 78th Leg., ch. 1060, § 2, eff. Sept. 1, 2003; Subsecs. (b-1) to (b-5), (h), and (i) added by Acts 2003, 78th Leg., ch. 1060, § 2, eff. Sept. 1, 2003; Subsecs. (b-1), (b-2), and (e) amended by Acts 2005, 79th Leg., ch. 551, § 1, eff. Sept. 1, 2005.

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Last modified: August 10, 2007