Columbia Rio Grande Regional Hosp. v. Stover, 17 S.W.3d 387 (Tex. App.—Corpus Christi 2000, no pet.).
Creditor provided
Decedent with medical services and obtained a hospital lien. After a
complicated collection process involving several lawsuits and
settlements, Creditor asserts that a probate court order adjudicating
Creditor’s claim is void because the court lacked jurisdiction. Because
Decedent’s estate was being handled by an independent administrator,
Creditor maintains that the court lacked jurisdiction to adjudicate
Creditor’s claims under Probate Code § 145(h). Executrix contends,
however, that Probate Code §§ 5 & 5A allow for court intervention where
the Code specifically provides for action in the probate court.
The appellate court held that the statutory county court had
jurisdiction. Creditor’s claim was against the estate, estate assets
would be used to pay the claim, and the outcome of the case would have a
direct bearing on the distribution of Decedent’s estate. Accordingly,
Creditor’s claim was incident to the estate and the trial court’s order
was not void for lack of jurisdiction. In addition, because Creditor did
not appeal the order under Probate Code § 5(f), Creditor may not
collaterally attack the court’s order.
Moral: Courts continue to interpret the jurisdiction of probate courts
broadly. Even if a party believes that the court lacks jurisdiction to
issue an order, the party should protect itself by filing a timely
appeal in case jurisdiction is upheld.