Texas 2009 - 81st Regular

Texas Senate Bill SB319 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R784 KLA-D
2	2	By: Wentworth S.B. No. 319
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to providing notice to devisees under a decedent's will.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Part 4, Chapter V, Texas Probate Code, is amended
10	10	by adding Section 128C to read as follows:
11	11	Sec. 128C. NOTICE TO CERTAIN ENTITIES AFTER PROBATE. (a) If
12	12	the address of the entity can be ascertained with reasonable
13	13	diligence, an applicant under Section 81 of this code shall give the
14	14	state, a governmental agency of the state, or a charitable
15	15	organization notice that the entity is named as a devisee in a
16	16	written will or a written will not produced that has been admitted
17	17	to probate.
18	18	(b) The notice required by Subsection (a) of this section
19	19	must be given not later than the 30th day after the date of the
20	20	probate of the will.
21	21	(c) The notice must be in writing and state the county in
22	22	which the will was admitted to probate. A copy of the application
23	23	and of the order admitting the will to probate and, if the
24	24	application is for probate of a written will, a copy of the will
25	25	must be attached to the notice.
26	26	(d) An entity entitled to notice under Subsection (a) of
27	27	this section must be notified by registered or certified mail,
28	28	return receipt requested.
29	29	(e) The applicant must file a copy of the notice with the
30	30	court in which the will was admitted to probate.
31	31	SECTION 2. Sections 37A(h) and (i), Texas Probate Code, are
32	32	amended to read as follows:
33	33	(h) Filing of Disclaimer. Unless the beneficiary is a
34	34	charitable organization or governmental agency of the state, a
35	35	written memorandum of disclaimer disclaiming a present interest
36	36	shall be filed not later than nine months after the death of the
37	37	decedent and a written memorandum of disclaimer disclaiming a
38	38	future interest may be filed not later than nine months after the
39	39	event determining that the taker of the property or interest is
40	40	finally ascertained and his interest is indefeasibly vested. If
41	41	the beneficiary is a charitable organization or a governmental
42	42	agency of the state, a written memorandum of disclaimer disclaiming
43	43	a present or future interest shall be filed not later than the first
44	44	anniversary of the date the beneficiary receives the notice
45	45	required by Section 128C [128A] of this code, or the expiration of
46	46	the six-month period following the date the personal representative
47	47	files the inventory, appraisement, and list of claims due or owing
48	48	to the estate, whichever occurs later. The written memorandum of
49	49	disclaimer shall be filed in the probate court in which the
50	50	decedent's will has been probated or in which proceedings have been
51	51	commenced for the administration of the decedent's estate or which
52	52	has before it an application for either of the same; provided,
53	53	however, if the administration of the decedent's estate is closed,
54	54	or after the expiration of one year following the date of the
55	55	issuance of letters testamentary in an independent administration,
56	56	or if there has been no will of the decedent probated or filed for
57	57	probate, or if no administration of the decedent's estate has been
58	58	commenced, or if no application for administration of the
59	59	decedent's estate has been filed, the written memorandum of
60	60	disclaimer shall be filed with the county clerk of the county of the
61	61	decedent's residence, or, if the decedent is not a resident of this
62	62	state but real property or an interest therein located in this state
63	63	is disclaimed, a written memorandum of disclaimer shall be filed
64	64	with the county clerk of the county in which such real property or
65	65	interest therein is located, and recorded by such county clerk in
66	66	the deed records of that county.
67	67	(i) Notice of Disclaimer. Unless the beneficiary is a
68	68	charitable organization or governmental agency of the state, copies
69	69	of any written memorandum of disclaimer shall be delivered in
70	70	person to, or shall be mailed by registered or certified mail to and
71	71	received by, the legal representative of the transferor of the
72	72	interest or the holder of legal title to the property to which the
73	73	disclaimer relates not later than nine months after the death of the
74	74	decedent or, if the interest is a future interest, not later than
75	75	nine months after the date the person who will receive the property
76	76	or interest is finally ascertained and the person's interest is
77	77	indefeasibly vested. If the beneficiary is a charitable
78	78	organization or government agency of the state, the notices
79	79	required by this section shall be filed not later than the first
80	80	anniversary of the date the beneficiary receives the notice
81	81	required by Section 128C [128A] of this code, or the expiration of
82	82	the six-month period following the date the personal representative
83	83	files the inventory, appraisement, and list of claims due or owing
84	84	to the estate, whichever occurs later.
85	85	SECTION 3. Section 149C(a), Texas Probate Code, is amended
86	86	to read as follows:
87	87	(a) The county court, as that term is defined by Section 3 of
88	88	this code, on its own motion or on motion of any interested person,
89	89	after the independent executor has been cited by personal service
90	90	to answer at a time and place fixed in the notice, may remove an
91	91	independent executor when:
92	92	(1) the independent executor fails to return within
93	93	ninety days after qualification, unless such time is extended by
94	94	order of the court, an inventory of the property of the estate and
95	95	list of claims that have come to the independent executor's
96	96	knowledge;
97	97	(2) sufficient grounds appear to support belief that
98	98	the independent executor has misapplied or embezzled, or that the
99	99	independent executor is about to misapply or embezzle, all or any
100	100	part of the property committed to the independent executor's care;
101	101	(3) the independent executor fails to make an
102	102	accounting which is required by law to be made;
103	103	(4) the independent executor fails to timely file the
104	104	notice [affidavit or certificate] required by Section 128C [128A]
105	105	of this code;
106	106	(5) the independent executor is proved to have been
107	107	guilty of gross misconduct or gross mismanagement in the
108	108	performance of the independent executor's duties; or
109	109	(6) the independent executor becomes an incapacitated
110	110	person, or is sentenced to the penitentiary, or from any other cause
111	111	becomes legally incapacitated from properly performing the
112	112	independent executor's fiduciary duties.
113	113	SECTION 4. Section 222(b), Texas Probate Code, is amended
114	114	to read as follows:
115	115	(b) With Notice. The court may remove a personal
116	116	representative on its own motion, or on the complaint of any
117	117	interested person, after the personal representative has been cited
118	118	by personal service to answer at a time and place fixed in the
119	119	notice, when:
120	120	(1) Sufficient grounds appear to support belief that
121	121	the personal representative has misapplied, embezzled, or removed
122	122	from the state, or that the personal representative is about to
123	123	misapply, embezzle, or remove from the state, all or any part of the
124	124	property committed to the personal representative's care;
125	125	(2) The personal representative fails to return any
126	126	account which is required by law to be made;
127	127	(3) The personal representative fails to obey any
128	128	proper order of the court having jurisdiction with respect to the
129	129	performance of the personal representative's duties;
130	130	(4) The personal representative is proved to have been
131	131	guilty of gross misconduct, or mismanagement in the performance of
132	132	the personal representative's duties;
133	133	(5) The personal representative becomes an
134	134	incapacitated person, or is sentenced to the penitentiary, or from
135	135	any other cause becomes incapable of properly performing the duties
136	136	of the personal representative's trust;
137	137	(6) As executor or administrator, the personal
138	138	representative fails to make a final settlement within three years
139	139	after the grant of letters, unless the time be extended by the court
140	140	upon a showing of sufficient cause supported by oath; or
141	141	(7) As executor or administrator, the personal
142	142	representative fails to timely file the notice [affidavit or
143	143	certificate] required by Section 128C [128A] of this code.
144	144	SECTION 5. Section 128A, Texas Probate Code, as amended by
145	145	Chapters 801 and 1170, Acts of the 80th Legislature, Regular
146	146	Session, 2007, is repealed.
147	147	SECTION 6. The changes in law made by this Act apply only to
148	148	the estate of a decedent whose will is admitted to probate on or
149	149	after the effective date of this Act. The estate of a decedent
150	150	whose will is admitted to probate before the effective date of this
151	151	Act is governed by the law in effect on the date the decedent's will
152	152	was admitted to probate, and the former law is continued in effect
153	153	for that purpose.
154	154	SECTION 7. This Act takes effect immediately if it receives
155	155	a vote of two-thirds of all the members elected to each house, as
156	156	provided by Section 39, Article III, Texas Constitution. If this
157	157	Act does not receive the vote necessary for immediate effect, this
158	158	Act takes effect September 1, 2009.