Reliant Energy, Inc. v. Gonzalez, 102 S.W.3d 868 (Tex. App.—Houston [1st Dist.] 2003), aff'd, 159 S.W.3d 615 (Tex. 2005).
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Decedent was killed in a work-related accident in Harris County.
Decedent’s residence at the time of his death was in Hidalgo County.
Accordingly, under Probate Code § 6, Administration of Decedent’s estate
was opened in Hidalgo County. The appellate court held that the proper
venue for Administrator’s wrongful death claim was in Harris County, the
county in which Decedent was killed, because the venue provisions of
Civil Practice & Remedies Code § 15.007 dealing with actions by or
against a personal representative for personal injury, death or property
damage trump the applicable venue provisions of the Probate Code.
The court engaged in an extensive analysis of the jurisdictional and
venue provisions of the Probate Code. The court explained that the plain
language of § 15.007 provides that its method of venue determine is
superior to the Probate Code venue provisions. The court also held that
Probate Code §§ 5A & 5B do not limit the application of § 15.007.
Note: Lengthy concurring and dissenting opinions were also filed in this
case.
Note: The result in this case appears to have been codified by H.B. 4
which amends Probate Code §§ 5A, 5B, and 607 to provide that venue of
actions by or against a personal representative for personal injury,
death, or property damage is determined under § 15.007.
Moral: Wrongful death and survival actions should be filed according to
Civil Practice & Remedies Code § 15.007, not the Probate Code.