Texas House Bill HB1461

Texas 2009 - 81st Regular

• Out of House Committee: 4/30/09
• Voted on by House: 5/6/09
• Out of Senate Committee: 5/21/09
• Voted on by Senate: 5/27/09
• 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 will as a muniment of title.

Impact

The impact of HB 1461 is significant in terms of clarifying and delineating the probate process within Texas law. By specifying what must be included in the application, it enhances the efficiency of probate proceedings and helps avoid disputes that may arise from incomplete or unclear applications. Furthermore, the bill establishes that any applications filed before its effective date will be governed by the previous statutes, ensuring stability and consistency for ongoing probate cases.

Summary

House Bill 1461 aims to amend the Texas Probate Code, specifically Section 89A(a), related to the requirements for an application for probate of a will as a muniment of title. The bill outlines the necessary information that must be included in the application, such as details about the applicant, the decedent, the property involved, and the will itself. This legislation seeks to streamline the process of probate applications, ensuring that essential information is consistently provided, thus providing clarity for courts and applicants alike.

Contention

While the bill generally appears to be a procedural improvement, it may face scrutiny regarding the level of detail required from applicants. Some stakeholders could argue that the stipulations may unnecessarily complicate the process for individuals who may not have ready access to all required information or resources. Balancing the need for thoroughness in probate applications against the probabilistic burden on applicants may be a point of debate among legal professionals and public advocates.