Texas 2009 - 81st Regular

Texas House Bill HB1460 Compare Versions

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Old	New	Differences
1	1	H.B. No. 1460
2	2
3	3
4	4	AN ACT
5	5	relating to the contents of an application for probate of a written
6	6	will.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 81(a), Texas Probate Code, is amended to
9	9	read as follows:
10	10	(a) For Probate of a Written Will. A written will shall, if
11	11	within the control of the applicant, be filed with the application
12	12	for its probate, and shall remain in the custody of the county clerk
13	13	unless removed therefrom by order of a proper court. An application
14	14	for probate of a written will shall state:
15	15	(1) The name and domicile of each applicant.
16	16	(2) The name, age if known, and domicile of the
17	17	decedent, and the fact, time, and place of death.
18	18	(3) Facts showing that the court has venue.
19	19	(4) That the decedent owned real or personal property,
20	20	or both, describing the same generally, and stating its probable
21	21	value.
22	22	(5) The date of the will, the name and residence of the
23	23	executor named therein, if any, and if none be named, then the name
24	24	and residence of the person to whom it is desired that letters be
25	25	issued, and also the names and residences of the subscribing
26	26	witnesses, if any.
27	27	(6) Whether a child or children born or adopted after
28	28	the making of such will survived the decedent, and the name of each
29	29	such survivor, if any.
30	30	(7) That such executor or applicant, or other person
31	31	to whom it is desired that letters be issued, is not disqualified by
32	32	law from accepting letters.
33	33	(8) Whether a marriage of the decedent was ever
34	34	dissolved after the will was made, whether by divorce, annulment,
35	35	or a declaration that the marriage was void [divorced], and if so,
36	36	when and from whom.
37	37	(9) Whether the state, a governmental agency of the
38	38	state, or a charitable organization is named by the will as a
39	39	devisee.
40	40	The foregoing matters shall be stated and averred in the
41	41	application to the extent that they are known to the applicant, or
42	42	can with reasonable diligence be ascertained by him, and if any of
43	43	such matters is not stated or averred in the application, the
44	44	application shall set forth the reason why such matter is not so
45	45	stated and averred.
46	46	SECTION 2. The changes in law made by this Act to Section
47	47	81(a), Texas Probate Code, apply only to an application for probate
48	48	of a written will that is filed on or after the effective date of
49	49	this Act. An application for probate of a written will that is
50	50	filed before the effective date of this Act is governed by the law
51	51	in effect on the date the application was filed, and the former law
52	52	is continued in effect for that purpose.
53	53	SECTION 3. This Act takes effect September 1, 2009.
54	54	______________________________ ______________________________
55	55	President of the Senate Speaker of the House
56	56	I certify that H.B. No. 1460 was passed by the House on April
57	57	30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
58	58	voting.
59	59	______________________________
60	60	Chief Clerk of the House
61	61	I certify that H.B. No. 1460 was passed by the Senate on May
62	62	26, 2009, by the following vote: Yeas 31, Nays 0.
63	63	______________________________
64	64	Secretary of the Senate
65	65	APPROVED: _____________________
66	66	Date
67	67	_____________________
68	68	Governor