Texas House Bill HB2762

Texas 2019 - 86th Regular

Caption

Relating to exercise of authority by a personal representative of a decedent's estate without court approval.

Impact

The enactment of HB2762 would streamline the estate administration process by reducing the bureaucratic barriers currently faced by personal representatives. By enabling these representatives to act without needing court orders for specific duties, the bill is poised to facilitate more efficient handling of decedents' estates, particularly during sensitive times after a person's passing. This legislative change specifically applies to estates where the decedent dies on or after the effective date of the act, which is set for September 1, 2019.

Summary

House Bill 2762 seeks to modify the authority of personal representatives of decedents' estates in Texas by allowing them to exercise certain powers without requiring prior court approval. The bill amends Section 351.052(a) of the Texas Estates Code, expanding the list of actions that personal representatives can perform independently. This includes managing estate finances, hiring professionals for assistance, and making decisions related to the estate’s assets—all crucial for effective estate administration.

Contention

Notably, the bill’s provisions may lead to discussions around the balance of power between personal representatives and the courts, particularly concerning accountability and oversight in managing estate matters. Some stakeholders may voice concerns about the potential for misuse of authority without court oversight, especially in complex estates. However, the overall intent is to enhance the operational capacity of personal representatives, allowing them to address administrative tasks more promptly, which could ultimately benefit the beneficiaries of estates.