221 N. Kansas St., Ste 700
Scheduling Open
Phone Number
Free Consultation

The “First-Filed Rule” in Texas Probate Law

In the legal world, disputes can arise over a variety of issues, and when two cases with similar subjects are filed, the question of jurisdiction often arises. This was the situation in the recent case of In re McGowan, No. 03-22-00726-CV, 2023 Tex. App. LEXIS 168 (Tex. App.—Austin January 11, 2023, original proceeding), which dealt with a disagreement over whether certain interests in real property were placed into a trust or whether they remained with the deceased at the time of his death. The outcome of the case offers insights into the concept of dominant jurisdiction and the “first-filed rule”.

Facts & Procedural History

The case began when the sisters, who claimed that the interests were in a trust, filed their claims in a probate court. However, a later suit was filed in a district court over the same subject, leading the sisters to ask for the transfer and consolidation of their claims in the district court. The trustee and executor, on the other hand, asked the district court to pause proceedings, as there were already claims pending in the probate court. The district court denied this request and allowed for the consolidation of the claims, leading the trustee and executor to appeal the decision to the court of appeals.

The Concept of Dominant Jurisdiction

The court of appeals considered the issue of jurisdiction, recognizing that the general rule is that the court in which the first case was filed has dominant jurisdiction. This is because two interrelated cases should be heard in a single court, for the sake of efficiency and to maintain an orderly procedure in settling disputes. In this case, it was clear that the probate case and the district court case were related, as both sought to determine the status of the same properties.

The Outcome

The court of appeals ultimately granted the writ of mandamus, ordering the district court to halt their proceedings. This decision shows the importance of the “first-filed rule” in determining jurisdiction in interrelated cases. By considering this principle, the court was able to ensure that the disputes were heard in an efficient and orderly manner.

The Takeaway

In conclusion, the In re McGowan case serves as a reminder of the importance of the “first-filed rule” in determining jurisdiction in interrelated cases. The outcome of the case offers insights into the concept of dominant jurisdiction and the need for efficiency and order in the settlement of disputes. This case is a useful resource for lawyers, legal scholars, and anyone interested in the legal process.

Do you need help with a probate matter in El Paso or the surrounding area?  We are El Paso probate attorneys.  We help clients navigate the probate process.   Call today for a free confidential consultation, 915-223-5015

Our El Paso Probate Attorneys provide a full range of probate services to our clients, including helping with probate disputes. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.


The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.

Related Posts