Saenz v. Saenz, 49 S.W.3d 447 (Tex. App.—San Antonio 2001, no pet.).
After Testator executed his will, he signed deeds conveying property
devised in the will. The county court admitted Testator’s will to
probate and appointed Executor to administer the estate. Grantees of the
deeds sued Executor in district court to establish their claims to the
property which they asserted would be superior the rights of the
devisees. Executor argued that the district court lacked subject matter
jurisdiction to hear Grantees’ claims because of the pending probate
action in the county court.
Both the district and appellate courts agreed with Executor that the
district court lacked jurisdiction. The courts explained that the title
to the land which was both devised and conveyed inter vivos is a matter
appertaining to Testator’s estate. Prob. Code § 5A. Accordingly, the
county court’s jurisdiction is exclusive as long as the estate
administration is pending in that court.
Moral: Litigators should read the Probate Code to make certain they file
lawsuits in the proper court.