§ 15.085.Executor; Administrator; Guardian

A two-part answer: the right county, and then the right precinct within it.

A suit against an executor, an administrator, or a guardian shall be brought in the county in which the administration or guardianship is pending and in the precinct in which the county seat is located.

The precinct half is the part that has no district court equivalent, and it is a sensible piece of plumbing: the probate business of the county is transacted at the courthouse, so the justice court nearest that business hears the claim.

Contrast the district court provision for estate representatives, which is permissive — it says a suit may be brought in the administration county, adding an option. This one says shall. In justice court the administration county is required.

Note also what is absent. The district court provision carries a second rule allowing suit where the decedent's negligent act occurred. There is no counterpart here, which fits a forum whose jurisdiction rarely reaches a serious injury claim.

The chapter's conflicts provision, which makes chapter 15 control over the Estates Code for personal injury, death, and property damage claims, names the district court provision rather than this one.

Unlike most of this subchapter, the section does not say "as such", so it is not drafted around the representative's capacity in the way the district court rule is.