Terms Used In Texas Estates Code 355.111

  • 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 113.1541
  • 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

All costs incurred in the probate court with respect to a claim shall be taxed as follows:
(1) if the claim is allowed and approved, the estate shall pay the costs;
(2) if the claim is allowed but disapproved, the claimant shall pay the costs;
(3) if the claim is rejected but established by suit, the estate shall pay the costs;
(4) if the claim is rejected and not established by suit, the claimant shall pay the costs, except as provided by Section 355.052; and
(5) if the claim is rejected in part and the claimant fails, in a suit to establish the claim, to recover a judgment for a greater amount than was allowed or approved for the claim, the claimant shall pay all costs in the suit.