Texas House Bill HB1968

Texas 2009 - 81st Regular

• Out of House Committee: 5/4/09
• Voted on by House: 5/7/09
• Out of Senate Committee: 5/23/09

Caption

Relating to the estates of decedents.

Impact

The bill significantly impacts how personal representatives, who are responsible for managing the estates of decedents, are held accountable. It defines liability for breaches of fiduciary duty, specifying damages that could be charged to the representative and their surety. Such liabilities include loss or depreciation of estate value due to mismanagement, profits made improperly, and costs associated with addressing these breaches. By enhancing the oversight of personal representatives, the legislation seeks to protect the interests of beneficiaries and creditors involved in estate matters.

Summary

House Bill 1968 introduces amendments to the Texas Probate Code, particularly concerning the estates of decedents. It allows interested parties of an estate under independent administration to petition the county court for an accounting and distribution of the estate after the expiration of two years from when letters testamentary or of administration are first issued. This change aims to offer a more structured approach to overseeing the actions of personal representatives managing estates, promoting transparency and accountability in estate administration.

Contention

One notable point of contention in the discussions surrounding HB 1968 is the scope of the liability and remedies imposed on personal representatives. Opponents may argue that the imposed liabilities could deter individuals from serving in such roles, given the stringent measures involved. However, supporters likely maintain that these provisions provide necessary protections for the beneficiaries of estates, ensuring that personal representatives fulfill their duties responsibly and ethically. The bill's implementation, effective on September 1, 2009, will apply to actions occurring after this date and underscore the importance of accountability in estate administration.