August 15, 2017 Jurisdiction for Will Contest As a will contest is a matter appertaining or incident to the estate of the deceased testator, subject matter jurisdiction of the contest usually lies (at least initially) in whichever court the application to probate the will is filed. Tex. Estates Code § 32.001 (asserting that “[a]ll probate proceedings must be filed and heard in a court exercising original probate jurisdiction” and a “court exercising original probate jurisdiction also has jurisdiction of all matters related to the probate proceeding” as specified for that court). Pursuant to Tex. Estates Code § 32.005, “[i]n a county in which there is a statutory probate court, the statutory probate court has exclusive jurisdiction of all probate proceedings, regardless of whether contested or uncontested.” See also Carlisle v. Bennett, 801 S.W.2d 589, 592 (Tex. App.—Corpus Christi 1990, no writ) (noting that where courts have concurrent subject matter jurisdiction, the first court to acquire jurisdiction has dominant jurisdiction). A district court has original jurisdiction over all proceedings concerning trusts, including questions related to construction and validity, except for the concurrent jurisdiction otherwise conferred by law on statutory probate courts under Tex. Estates Code § 32.006. Accordingly, the probate court, at least initially, has subject matter jurisdiction over any suit contesting the will and trust. Attorney’s Fees Unless there is a statutory basis upon which a judgment for the recovery of attorney’s fees may be based, there is no support for an award of the same. See State v. Estate of Brown, 802 S.W.2d 898 (Tex. App.—San Antonio 1991, no writ). Any assertion that merely filing pleadings or motions is sufficient to support the judgment for attorney’s fees would be untenable. See Cunningham v. Parkdale Bank, 660 S.W.2d 810, 812 (Tex. 1983). There is NO statutory basis for recovery of attorney’s fees for a will or trust contest. Contra Tex. Estates Code § 352.052 (stating that a party seeking to have a will admitted to probate is entitled to recovery of attorney’s fees); Collins v. Smith, 53 S.W.3d 832 (Tex. App.—Houston [1st Dist.] 2001, no pet.) (in contest of will and deed made by 90-year-old in poor health, jury finding that contestant’s attempt to probate earlier will was not made in good faith and with just cause upheld on appeal). (*NOTE: This provision would only apply if we were also seeking the probate of a prior will.). If you want to contest a will, you may need to contact an attorney immediately to help you protect your rights. March 18, 2019 CELEBRATING 90 YEARS (1929 -2019) McWhorter, Cobb and Johnson, LLP January 18, 2019 MCJ is pleased to announce that Michael J. Zant has been named a Stakeholder of the Firm. MCJ July 2, 2018 Establishing Venue in Civil Trials MCJ June 28, 2018 Wrongful Death–Texas Workers’ Compensation Act MCJ June 27, 2018 Texas Cemetery Law MCJ April 17, 2018 Informal Marriage (aka “Common-Law Marriage”) MCJ April 9, 2018 Homestead Exemptions MCJ October 25, 2017 Go Tech! MCJ August 31, 2017 Texting & Driving in Texas MCJ August 15, 2017 Jurisdiction for Will Contest MCJ August 1, 2017 Statute of Limitations on Counterclaims Against Decedent’s Estate MCJ June 26, 2017 Contesting a Will MCJ June 9, 2017 Welcome to our new website! Author's Name This blog is made available by McWhorter, Cobb & Johnson, LLP, and its attorneys solely for educational and informational purposes. This blog is not intended to and does not provide legal advice. By using this blog, you agree that no attorney client relationship has been created. This blog is not a substitute for competent legal advice from a licensed attorney. ADDRESS 1722 Broadway Lubbock, Texas 79401 PHONE O: 806.762.0214 F: 806.762.8014 Legal Notices | Privacy Policy © 2013 McWhorter Cobb and Johnson, LLP Crafted with Care by Primitive Social