Estate Administration

Venue

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).

 

Click here for summary of Texas Supreme Court opinion summary.

 

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.



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