Tex. ESTATES Code ch. 31 — GENERAL PROVISIONS | Texas Statutes — Texas

Tex. ESTATES Code § 31.001. SCOPE OF "PROBATE PROCEEDING" FOR PURPOSES OF CODE.

The term "probate proceeding," as used in this code, 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 . Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408 ), Sec. 13(a), eff. January 1, 2014.

Tex. ESTATES Code § 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.