81R1614 CLG-D
By: Hegar S.B. No. 559
A BILL TO BE ENTITLED
AN ACT
relating to inventories, appraisements, and lists of claims of a
decedent's estate under independent administration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15, Texas Probate Code, is amended to
read as follows:
Sec. 15. CASE FILES. The county clerk shall maintain a case
file for each decedent's estate in which a probate proceeding has
been filed. The case file must contain all orders, judgments, and
proceedings of the court and any other probate filing with the
court, including all:
(1) applications for the probate of wills and for the
granting of administration;
(2) citations and notices, whether published or
posted, with the returns thereon;
(3) wills and the testimony upon which the same are
admitted to probate, provided that the substance only of
depositions shall be recorded;
(4) bonds and official oaths;
(5) inventories, appraisements, and lists of claims,
except as provided by Section 145(s) of this code;
(6) exhibits and accounts;
(7) reports of hiring, renting, or sale;
(8) applications for sale or partition of real estate
and reports of sale and of commissioners of partition;
(9) applications for authority to execute leases for
mineral development, or for pooling or unitization of lands,
royalty, or other interest in minerals, or to lend or invest money;
and
(10) reports of lending or investing money.
SECTION 2. Section 145, Texas Probate Code, is amended by
adding Subsection (s) to read as follows:
(s) Notwithstanding any other provision of this code, if an
independent administration has been created as provided by this
section, the inventory, appraisement, and list of claims of the
decedent's estate and any supplemental or additional inventory,
appraisement, and list of claims must be filed with the court and
maintained in the judicial files of the court instead of the case
files of the county clerk. The inventory, appraisement, and list of
claims of the decedent's estate must be sealed and may be opened
only as provided by Section 145A of this code.
SECTION 3. Part 4, Chapter VI, Texas Probate Code, is
amended by adding Section 145A to read as follows:
Sec. 145A. ACCESS TO INVENTORY, APPRAISEMENT, AND LIST OF
CLAIMS. (a) An inventory, appraisement, and list of claims
maintained in the judicial records under Section 145(s) of this
code may be used, inspected, or copied only by:
(1) the independent executor; or
(2) a person authorized to use, inspect, or copy the
information by a court order issued under this section.
(b) On written application, the court, with or without a
hearing, may enter an order that authorizes the following persons
to use, inspect, or copy an inventory, appraisement, and list of
claims maintained in the judicial records under Section 145(s) of
this code:
(1) an attorney or attorney ad litem;
(2) a party to a proceeding involving the decedent or
the decedent's estate;
(3) an heir or devisee of the decedent;
(4) law enforcement personnel; or
(5) any other person requesting access to the
information.
(c) A judge may not issue an order authorizing a person
described by Subsection (b)(5) of this section to have access to an
inventory, appraisement, and list of claims unless the judge finds
that the person has shown good cause for the use, inspection, or
copying of those records.
(d) Except as otherwise provided by the court, an order
issued under Subsection (a) of this section is a standing order
applicable to any supplemental inventory, appraisement, and list of
claims returned in connection with an independent administration of
a decedent's estate.
(e) The court may charge the applicant a reasonable fee not
to exceed actual costs for any copies provided under this section.
(f) To the extent that this section conflicts with the Texas
Rules of Judicial Administration or other rules, this section
controls. Notwithstanding Section 22.003, Government Code, the
supreme court may not amend or adopt rules in conflict with this
section.
SECTION 4. The changes in law made by this Act apply only to
the estate of a decedent who dies on or after the effective date of
this Act. The estate of a decedent who dies before the effective
date of this Act is governed by the law in effect on the date of the
decedent's death, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2009.