Attorney General Opinion JM-1244

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 appel- late, 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 origi- nal jurisdiction of all actions, proceedings, and remedies, except in cases where exclu- sive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or admin- istrative 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 re- gulation 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 statu- tory county courts of this state reflects that the legisla- ture treats civil, criminal and probate jurisdiction rately. sepa- Gov’t Code ch. 25. Section 5 of the Probate Code provides the circum- stances 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 applica- probaie, 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 excep- tion 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 dis- trict 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 jurisdic- tion 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