Survival Actions Do Not Constitute Matters Incident To An Estate As Set Forth In Section 5A of the Texas Probate Code
Nicholson, Robert L.
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Analyzes a case in which the Texas Supreme Court held that neither wrongful death actions nor survival actions constitute matters incident to an estate and are not actions over which probate courts have jurisdiction. The article discusses Texas probate jurisdiction, matters incident to an estate, and survival actions. The article analyzes the effects of the case and future guidelines for determining whether a matter is incident to an estate.