By: Paxton (Senate Sponsor - Wentworth) H.B. No. 1460
(In the Senate - Received from the House May 1, 2009;
May 6, 2009, read first time and referred to Committee on
Jurisprudence; May 14, 2009, reported favorably by the following
vote: Yeas 5, Nays 0; May 14, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the contents of an application for probate of a written
will.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81(a), Texas Probate Code, is amended to
read as follows:
(a) For Probate of a Written Will. A written will shall, if
within the control of the applicant, be filed with the application
for its probate, and shall remain in the custody of the county clerk
unless removed therefrom by order of a proper court. An application
for probate of a written will shall state:
(1) The name and domicile of each applicant.
(2) The name, age if known, and domicile of the
decedent, and the fact, time, and place of death.
(3) Facts showing that the court has venue.
(4) That the decedent owned real or personal property,
or both, describing the same generally, and stating its probable
value.
(5) The date of the will, the name and residence of the
executor named therein, if any, and if none be named, then the name
and residence of the person to whom it is desired that letters be
issued, and also the names and residences of the subscribing
witnesses, if any.
(6) Whether a child or children born or adopted after
the making of such will survived the decedent, and the name of each
such survivor, if any.
(7) That such executor or applicant, or other person
to whom it is desired that letters be issued, is not disqualified by
law from accepting letters.
(8) Whether a marriage of the decedent was ever
dissolved after the will was made, whether by divorce, annulment,
or a declaration that the marriage was void [divorced], and if so,
when and from whom.
(9) Whether the state, a governmental agency of the
state, or a charitable organization is named by the will as a
devisee.
The foregoing matters shall be stated and averred in the
application to the extent that they are known to the applicant, or
can with reasonable diligence be ascertained by him, and if any of
such matters is not stated or averred in the application, the
application shall set forth the reason why such matter is not so
stated and averred.
SECTION 2. The changes in law made by this Act to Section
81(a), Texas Probate Code, apply only to an application for probate
of a written will that is filed on or after the effective date of
this Act. An application for probate of a written will that is
filed before the effective date of this Act is governed by the law
in effect on the date the application was filed, and the former law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
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