Honorable CarlA. Parker

Chairman Education Committee Texas State Senate P. 0. Box 12068 Austin, Texas 78711 Opinion No. JM-1244

Re: Jurisdiction of the 356th District Court over probate matters (RQ-2040)

Dear Senator Parker:

you ask whether the 356th District Court of Hardin County has jurisdiction ofprobate matters.
Section 24.502 of theGovernment Code provides for the creation of the 356th Judicial District Court and makes provision for its having concurrent jurisdiction with the county court indesignated types of cases. Section 24.502 states:

(a) The 356thJudicial District iscomposed

ofHardin County.

(b) The 356th District Court has concurrent jurisdiction 

### over allmatters ofcivil and criminal iurisdictia original and appellate, incases overwhich the countv court has jurisdiction under the constitution and laws of this state. Matters and proceedings inthe concurrent jurisdiction of the 356th District Court and the county court may be filed in either court, and all cases of concurrent jurisdiction may be transferred between the 356th District Court and the county court. (Emphasis added.)

Thematter ofwhether the 356th District Court has jurisdiction ofprobate cases turns onwhether the granting to the court of concurrent jurisdiction with county courts incivilmatters vests the courtwith probate jurisdiction. The issuebecomes one ofwhether probate jurisdiction comes within the ambit of civil jurisdiction under your scenario.

p. 6626Honorable CarlA. Parker -Page 2 (JM-1244)

Section 8 of article V of the Texas Constitution provides the jurisdiction of adistrict court

consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in caseswhere exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other lawon some other court, tribunal, 

### or administrative body.

Section 16 of article V of the Texas Constitution addresses thematter of the jurisdiction of county courts. Itdelineates the county court's original civil and criminal jurisdiction aswell as itsappellate jurisdiction in civil and criminal matters of which justice courts have jurisdiction. original

Section 16 further provides the "County Court shall have the general jurisdiction of a Probate Court," specifically setting forth suchmatters asprobating wills, appointing guardians, granting letters of administration, etc., asprovided by law.

Section 29of article V of the Texas Constitution also treats the civil, criminal and **probate** jurisdiction of county courts separately. Section 29 provides that the county court "shall hold at least four terms forboth civil and criminal businessw annually. In separately addressing the county court's jurisdiction 

### over probate matters, section 29 states that %aid court shall dispose of probate business either in term time orvacation, under such regulation asmay beprescribed by law."

While we have foundnoTexas caseswhich have addressed thematter, opinions of courts from other jurisdictions support our conclusion that "civil causes and actions, civil suits and civil cases donot include any case arising under the county court's probate jurisdiction." ell Wickoa, 278 P. 1088 (Okla. 1929); MC ' 150 ;. 1046 (Okla. 1915); M **ADDeEd Of**  **Sl%;, 96??-%;,**  (Conn. 1915); State **v. m**  I **45 N.N.**  **526** (Wis. 1890).

A review of jurisdiction vested inthenumerous statutory county courts of this state reflects that the legislature treats civil, **criminal** andprobate jurisdiction **rately.** sepa**Gov ’** **t** Code ch. 25.
Section 5 of the Probate Code provides the circumstances inwhich the district courtmay acquire jurisdiction incontested probate matters. provides inpertinent part: Subsection (b)of section 5

P- **6627**Honorable CarlA. Parker -Page 3 (JM-1244)

In those counties where there is statutory probate court, county court at 1::

statutory exercising &~%&.on of aprobzE2ourt, the all applicaprobaie,petitions and motions regarding

administrations, guardianships, limited guardianships, and mental illness matters shall be filed and heard in the county court, **seat** that in contested probate m#exf. the iydae of +a county court S motion for&MU on ths

v Dartv to the DrOCeedin& gccorha to themot-St as Drovided Bv section 25.0022.~Government code.the
hear the contested **DO-** 

### ofthe DrOCeedlnQ,

filed in distzict coue . The county court shall continue toexercise jurisdiction over the.management of the estatewith the exception of the contested matter until final disposition of the contested matter is made by the assigned judge or the district court. In contested matters transferred to the district court inthose counties, the district court, concurrently with the county court, shallhave thegeneral jurisdiction of
aprobate court. IJcon resolution of all pendim contested matters. the contested ~,ortionof be

. . transferred bv the district court to the countv court for further DrOCeedinCIS not sistentwith the orders of the district !S!C!W&.(5mphasis added.)

Thegranting of concurrent jurisdiction incivil and criminal matters overwhich the county court has jurisdiction to the 356th District Court does not vest the court with original probate jurisdiction. Its jurisdiction is limited to contested probate **matters** thatmay be transferred to the district court pursuant to subsection (b)of section 5of the Probate Code.

The 356th Judicial District Court of Hardin County's jurisdiction over probate matters is limited to contested probate

P. 6628Honorable CarlA. Parker -Page 4 (JM-1244)

matters that may be transferred to the district court pursuant to subsection (b) of section 5

### ofthe Probate Court.

MATTOX Attorney General of Texas

MARY msLER Pirst Assistant Attorney General

IMJ l4ccREARY Executive Assistant Attorney General

J'UDGEZOLLIESTEAHLRY Special Assistant Attorney General

RENEA HICKS Special Assistant Attorney General

RICK GILPIN Chairman, Opinion Committee
Prepared by Tom G. Davis Assistant Attorney General

p. 6629