Texas 2009 - 81st Regular

Texas Senate Bill SB559 Compare Versions

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

Old	New	Differences
1	1	81R1614 CLG-D
2	2	By: Hegar S.B. No. 559
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to inventories, appraisements, and lists of claims of a
8	8	decedent's estate under independent administration.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 15, Texas Probate Code, is amended to
11	11	read as follows:
12	12	Sec. 15. CASE FILES. The county clerk shall maintain a case
13	13	file for each decedent's estate in which a probate proceeding has
14	14	been filed. The case file must contain all orders, judgments, and
15	15	proceedings of the court and any other probate filing with the
16	16	court, including all:
17	17	(1) applications for the probate of wills and for the
18	18	granting of administration;
19	19	(2) citations and notices, whether published or
20	20	posted, with the returns thereon;
21	21	(3) wills and the testimony upon which the same are
22	22	admitted to probate, provided that the substance only of
23	23	depositions shall be recorded;
24	24	(4) bonds and official oaths;
25	25	(5) inventories, appraisements, and lists of claims,
26	26	except as provided by Section 145(s) of this code;
27	27	(6) exhibits and accounts;
28	28	(7) reports of hiring, renting, or sale;
29	29	(8) applications for sale or partition of real estate
30	30	and reports of sale and of commissioners of partition;
31	31	(9) applications for authority to execute leases for
32	32	mineral development, or for pooling or unitization of lands,
33	33	royalty, or other interest in minerals, or to lend or invest money;
34	34	and
35	35	(10) reports of lending or investing money.
36	36	SECTION 2. Section 145, Texas Probate Code, is amended by
37	37	adding Subsection (s) to read as follows:
38	38	(s) Notwithstanding any other provision of this code, if an
39	39	independent administration has been created as provided by this
40	40	section, the inventory, appraisement, and list of claims of the
41	41	decedent's estate and any supplemental or additional inventory,
42	42	appraisement, and list of claims must be filed with the court and
43	43	maintained in the judicial files of the court instead of the case
44	44	files of the county clerk. The inventory, appraisement, and list of
45	45	claims of the decedent's estate must be sealed and may be opened
46	46	only as provided by Section 145A of this code.
47	47	SECTION 3. Part 4, Chapter VI, Texas Probate Code, is
48	48	amended by adding Section 145A to read as follows:
49	49	Sec. 145A. ACCESS TO INVENTORY, APPRAISEMENT, AND LIST OF
50	50	CLAIMS. (a) An inventory, appraisement, and list of claims
51	51	maintained in the judicial records under Section 145(s) of this
52	52	code may be used, inspected, or copied only by:
53	53	(1) the independent executor; or
54	54	(2) a person authorized to use, inspect, or copy the
55	55	information by a court order issued under this section.
56	56	(b) On written application, the court, with or without a
57	57	hearing, may enter an order that authorizes the following persons
58	58	to use, inspect, or copy an inventory, appraisement, and list of
59	59	claims maintained in the judicial records under Section 145(s) of
60	60	this code:
61	61	(1) an attorney or attorney ad litem;
62	62	(2) a party to a proceeding involving the decedent or
63	63	the decedent's estate;
64	64	(3) an heir or devisee of the decedent;
65	65	(4) law enforcement personnel; or
66	66	(5) any other person requesting access to the
67	67	information.
68	68	(c) A judge may not issue an order authorizing a person
69	69	described by Subsection (b)(5) of this section to have access to an
70	70	inventory, appraisement, and list of claims unless the judge finds
71	71	that the person has shown good cause for the use, inspection, or
72	72	copying of those records.
73	73	(d) Except as otherwise provided by the court, an order
74	74	issued under Subsection (a) of this section is a standing order
75	75	applicable to any supplemental inventory, appraisement, and list of
76	76	claims returned in connection with an independent administration of
77	77	a decedent's estate.
78	78	(e) The court may charge the applicant a reasonable fee not
79	79	to exceed actual costs for any copies provided under this section.
80	80	(f) To the extent that this section conflicts with the Texas
81	81	Rules of Judicial Administration or other rules, this section
82	82	controls. Notwithstanding Section 22.003, Government Code, the
83	83	supreme court may not amend or adopt rules in conflict with this
84	84	section.
85	85	SECTION 4. The changes in law made by this Act apply only to
86	86	the estate of a decedent who dies on or after the effective date of
87	87	this Act. The estate of a decedent who dies before the effective
88	88	date of this Act is governed by the law in effect on the date of the
89	89	decedent's death, and the former law is continued in effect for that
90	90	purpose.
91	91	SECTION 5. This Act takes effect September 1, 2009.