Real estate lawyers in Houston, Harris County, Texas are often tasked with clearing title to real property against ex-owners that have long been deceased. In theory this requires some determination of heirship, and some have questioned whether or not the probate courts of Harris County are the proper venue for such cases.
However, the courts have clarified:
The Texas Probate Code grants exclusive jurisdiction to county courts sitting in probate only when the controlling issues are the settlement, partition, or distribution of an estate. In a non-probate matter, the district court may assume jurisdiction and determine the heirs of the decedent as long as there is no probate proceeding pending in the county court.
Jansen v. Fitzpatrick, 14 S.W.3d 426, 432 (Tex. App.—Houston [14th Dist.] 2000, no pet.)(citations omitted)
The Bell Court is in accord.
The sole remaining question for us to decide is whether this is a trespass to try title suit or a suit to declare heirship.It is a fundamental rule that in determining the jurisdiction of the trial court, the allegations of the petition made in good faith are determinative of the cause of action.Brannon v. Pacific Employers Ins. Co., 148 Tex. 289, 224 S.W.2d 466, 469 (1949) (see cases cited therein). Appellant’s main pleading is clearly a trespass to try title action and there is no evidence that such allegations were not made in good faith. We therefore conclude that the trial court did have jurisdiction and erred in dismissing the case.
Bell v. Hinkle, 562 S.W.2d 35, 38 (Tex. Civ. App.—Houston [14th Dist.] 1978, writ ref’d n.r.e.).
Call Real Estate Title Attorney Hector Chavana Jr. to help clear up an title issues. 713-979-2941.
In Harris County (but not in all other counties), attorneys may choose to file issues related solely to title in the Harris County Courts At Law. “The Harris County Civil Courts at Law have jurisdiction to decide issues of title ‘in addition to their general concurrent jurisdiction described in section 25.0003(c) and is not dependent upon the amount in controversy.'” Sohani v. Sunesara, 546 S.W.3d 393, 403 (Tex. App.—Houston [1st Dist.] 2018, no pet.). Issues related to personal property are proper for the CCL. Id.
However, “Declaratory judgment actions are not generally within the jurisdiction of Harris County civil courts at law, absent some proof that the subject matter of the declaratory judgment action is one within the court’s jurisdictional limits.” Id. The Court decided that a declaratory action related to personal property was within the jurisdiction of the CCL because the jurisdiction granted to the CCL over personal and real property was in a separate section of the statute from the maximum amount in controversy of $200,000.00. In real property, the device used, instead of a declaratory action would likely be a trespass to try title action or a quiet title action.