(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 guardianship proceeding includes:
(1) the granting of letters of guardianship;
(2) the settling of an account of a guardian and all other matters relating to the settlement, partition, or distribution of a ward‘s estate;
(3) a claim brought by or against a guardianship estate;
(4) an action for trial of title to real property that is guardianship estate property, including the enforcement of a lien against the property;
(5) an action for trial of the right of property that is guardianship estate property;
(6) after a guardianship of the estate of a ward is required to be settled as provided by Section 1204.001:
(A) an action brought by or on behalf of the former ward against a former guardian of the ward for alleged misconduct arising from the performance of the person‘s duties as guardian;
(B) an action calling on the surety of a guardian or former guardian to perform in place of the guardian or former guardian, which may include the award of a judgment against the guardian or former guardian in favor of the surety;
(C) an action against a former guardian of the former ward that is brought by a surety that is called on to perform in place of the former guardian;
(D) a claim for the payment of compensation, expenses, and court costs, and any other matter authorized under Chapter 1155; and
(E) a matter related to an authorization made or duty performed by a guardian under Chapter 1204; and
(7) the appointment of a trustee for a trust created under Section 1301.053 or 1301.054, the settling of an account of the trustee, and all other matters relating to the trust.
(a-1) 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 guardianship proceeding includes:
(1) all matters and actions described in Subsection (a);
(2) the interpretation and administration of a testamentary trust in which a ward is an income or remainder beneficiary; and
(3) the interpretation and administration of an inter vivos trust in which a ward is an income or remainder beneficiary.

Terms Used In Texas Estates Code 1021.001

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Estate: means a decedent's property, as that property:
    (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
    (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
    (3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Probate: Proving a will
  • Property: means real and personal property. See Texas Government Code 311.005
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statutory probate court: means a court created by statute and designated as a statutory probate court under Chapter 25, Government Code. See Texas Estates Code 22.007
  • Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033

(b) For purposes of this code, in a county in which there is a statutory probate court, a matter related to a guardianship proceeding includes:
(1) all matters and actions described in Subsections (a) and (a-1);
(2) a suit, action, or application filed against or on behalf of a guardianship or a trustee of a trust created under Section 1301.053 or 1301.054; and
(3) a cause of action in which a guardian in a guardianship pending in the statutory probate court is a party.

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