Gammill v. Fettner, 297 S.W.3d 792 (Tex. App.—Houston [1st Dist.] 2009, no pet.).
Testamentary trust litigation occurred in District Court. Because
there was also a statutory probate court in the county, the claim was
made that District Court lacked jurisdiction.
The appellate court began its analysis by explaining that under Trust
Code § 115.001(d) and Probate Code § 5(e) [now § 4H], the statutory
probate court had concurrent jurisdiction. Thus, District Court had the
ability hear the case even though the statutory probate court also had
jurisdiction and the case was appertaining or incident to a decedent’s
estate.
Moral: In counties with both a statutory probate court and a district
court, trust litigation may proceed in either court as they have
concurrent jurisdiction.