Honorable Carl A. 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 of probate matters. 

Section 24.502 of the Government Code provides for the 

creation of the 356th Judicial District Court and makes 

provision for its having concurrent jurisdiction with the 

county court in designated types of cases. Section 24.502 

states: 

(a) The 356th Judicial District is composed 

of Hardin County. 

(b) The 356th District Court has concurrent 

jurisdiction over all matters of civil and 

criminal iurisdictia original and appellate, in cases over which the countv court 

has jurisdiction under the constitution and 

laws of this state. Matters and proceedings 

in the 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.) 

The matter of whether the 356th District Court has 

jurisdiction of probate cases turns on whether the granting 

to the court of concurrent jurisdiction with county courts 

in civil matters vests the court with probate jurisdiction. 

The issue becomes one of whether probate jurisdiction comes 

within the ambit of civil jurisdiction under your scenario. 

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

Section 8 of article V of the Texas Constitution 

provides the jurisdiction of a district court 

consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, 

and remedies, except in cases where exclusive, appellate, or original jurisdiction may 

be conferred by this Constitution or other 

law on some other court, tribunal, or administrative body. 

Section 16 of article V of the Texas Constitution 

addresses the matter of the jurisdiction of county courts. 

It delineates the county court's original civil and criminal 

jurisdiction as well as its appellate 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 such matters as probating wills, 

appointing guardians, granting letters of administration, 

etc., as provided by law. 

Section 29 of 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 for both 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 or vacation, under such regulation as may be prescribed by law." 

While we have found no Texas cases which have addressed 

the matter, opinions of courts from other jurisdictions 

support our conclusion that "civil causes and actions, civil 

suits and civil cases do not 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 in the numerous statutory county courts of this state reflects that the legislature treats civil, criminal and probate jurisdiction 

rately. 

sepaGov’t Code ch. 25. 

Section 5 of the Probate Code provides the circumstances in which the district court may acquire jurisdiction 

in contested probate matters. 

provides in pertinent part: 

Subsection (b) of section 5 

P- 6627 
Honorable Carl A. Parker - Page 3 (JM-1244) 

In those counties where there is 

statutory probate court, county court at 1:: 

statutory exercising 

&~%&.on of a probzE2ourt, 

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 the mot-St as Drovided 

Bv section 25.0022. ~Government code.the 

hear the contested DO- of the DrOCeedlnQ, 

filed in distzict coue . 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 judge or the district court. 

In contested matters transferred to the 

district court in those counties, the district court, concurrently with the county 

court, shall have the general jurisdiction of 

a probate 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 

sistent with the orders of the district 

!S!C!W&. (5mphasis added.) 

The granting of concurrent jurisdiction in civil and 

criminal matters over which 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 that may be transferred 

to the district court pursuant to subsection (b) of section 

5 of the Probate Code. 

The 356th Judicial District Court of 

Hardin County's jurisdiction over probate 

matters is limited to contested probate 

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

matters that may be transferred to the 

district court pursuant to subsection (b) of 

section 5 of the 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