Texas House Bill HB1460

Texas 2009 - 81st Regular

• Out of House Committee: 4/23/09
• Voted on by House: 5/1/09
• Out of Senate Committee: 5/14/09
• Voted on by Senate: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to the contents of an application for probate of a written will.

Impact

The impact of HB 1460 on state laws is significant, as it modernizes the probate application process to ensure that all relevant details are thoroughly captured from the outset. By establishing clear guidelines on the required contents of a probate application, the bill aims to streamline the judicial process and reduce potential delays in the administration of estates. The law stipulates that these amendments apply only to applications filed on or after the act's effective date, preserving the existing laws for applications submitted beforehand.

Summary

House Bill 1460 amends the Texas Probate Code specifically regarding the application process for the probate of a written will. The revisions clarify the information that must be provided by an applicant when filing for the probate of a will. This includes the necessity for the applicant to provide detailed information about the decedent, such as their name, domicile, age, and the facts regarding the venue of the case. Notably, the bill highlights the requirement for the applicant to state whether a governmental agency or a charitable organization is named as a devisee in the will.

Contention

While the summary does not discuss specific points of contention around the bill, issues in probate legislation can often revolve around concerns about the accessibility of the process for potential applicants. Critics may argue that added requirements could complicate the process for those unfamiliar with legal procedures. Conversely, proponents may contend that clear, defined procedures promote efficiency and help ensure that all necessary information is disclosed, facilitating smoother probate proceedings.