§ 5A. MATTERS APPERTAINING AND INCIDENT TO AN ESTATE. (a) In proceedings in the constitutional county courts and statutory county courts at law, the phrases "appertaining to estates" and "incident to an estate" in this Code include the probate of wills, the issuance of letters testamentary and of administration, the determination of heirship, and also include, but are not limited to, all claims by or against an estate, all actions for trial of title to land incident to an estate and for the enforcement of liens thereon incident to an estate, all actions for trial of the right of property incident to an estate, and actions to construe wills, and generally all matters relating to the settlement, partition, and distribution of estates of deceased persons. (b) In proceedings in the statutory probate courts, the phrases "appertaining to estates" and "incident to an estate" in this Code include the probate of wills, the issuance of letters testamentary and of administration, and the determination of heirship, and also include, but are not limited to, all claims by or against an estate, all actions for trial of title to land and for the enforcement of liens thereon, all actions for trial of the right of property, all actions to construe wills, the interpretation and administration of testamentary trusts and the applying of constructive trusts, and generally all matters relating to the collection, settlement, partition, and distribution of estates of deceased persons. All statutory probate courts may, in the exercise of their jurisdiction, notwithstanding any other provisions of this Code, hear all suits, actions, and applications filed against or on behalf of any heirship proceeding or decedent's estate, including estates administered by an independent executor; all such suits, actions, and applications are appertaining to and incident to an estate. This subsection shall be construed in conjunction with and in harmony with Section 145 and all other sections of this Code dealing with independent executors, but shall not be construed so as to increase permissible judicial control over independent executors. Except for situations in which the jurisdiction of a statutory probate court is concurrent with that of a district court as provided by Section 5(e) of this Code or any other court, any cause of action appertaining to estates or incident to an estate shall be brought in a statutory probate court. (c) to (e) Repealed by Acts 2003, 78th Leg., ch. 1060, § 16. (f) Notwithstanding any other provision of this chapter, 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, Civil Practice and Remedies Code. Added by Acts 1979, 66th Leg., p. 1741, ch. 713, § 3, eff. Aug. 27, 1979. Amended by Acts 1985, 69th Leg., ch. 875, § 1, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 459, § 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1035, § 3, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 957, § 6, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1302, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 64, § 1, eff. Sept. 1, 1999. Section heading amended by Acts 2003, 78th Leg., ch. 1060, § 3, eff. Sept. 1, 2003; Subsec. (b) amended by Acts 2003, 78th Leg., ch. 1060, § 4, eff. Sept. 1, 2003; Subsecs. (c) to (e) repealed by Acts 2003, 78th Leg., ch. 1060, § 16, eff. Sept. 1, 2003; Subsec. (f) added by Acts 2003, 78th Leg., ch. 204, § 3.05, eff. Sept. 1, 2003.

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Last modified: August 10, 2007