Texas 2011 - 82nd Regular

Texas House Bill HB2046 Compare Versions

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1	1	82R23343 MTB-F
2	2	By: Hartnett H.B. No. 2046
3	3	Substitute the following for H.B. No. 2046:
4	4	By: Jackson C.S.H.B. No. 2046
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to decedents' estates.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. CHANGES TO TEXAS PROBATE CODE
12	12	SECTION 1.01. Section 4D, Texas Probate Code, is amended by
13	13	adding Subsection (b-1) and amending Subsections (e) and (g) to
14	14	read as follows:
15	15	(b-1) If a judge of a county court requests the assignment
16	16	of a statutory probate court judge to hear a contested matter in a
17	17	probate proceeding on the judge's own motion or on the motion of a
18	18	party to the proceeding as provided by this section, the judge may
19	19	request that the statutory probate court judge be assigned to the
20	20	entire proceeding on the judge's own motion or on the motion of a
21	21	party.
22	22	(e) A statutory probate court judge assigned to a contested
23	23	matter in a probate proceeding or to the entire proceeding under
24	24	this section has the jurisdiction and authority granted to a
25	25	statutory probate court by this code. A statutory probate court
26	26	judge assigned to hear only the contested matter in a probate
27	27	proceeding shall, on [On] resolution of the [a contested] matter
28	28	[for which a statutory probate court judge is assigned under this
29	29	section], including any appeal of the matter, [the statutory
30	30	probate court judge shall] return the matter to the county court for
31	31	further proceedings not inconsistent with the orders of the
32	32	statutory probate court or court of appeals, as applicable. A
33	33	statutory probate court judge assigned to the entire probate
34	34	proceeding as provided by Subsection (b-1) of this section shall,
35	35	on resolution of the contested matter in the proceeding, including
36	36	any appeal of the matter, return the entire proceeding to the county
37	37	court for further proceedings not inconsistent with the orders of
38	38	the statutory probate court or court of appeals, as applicable.
39	39	(g) If only the contested matter in a probate proceeding is
40	40	assigned to a statutory probate court judge under this section, or
41	41	if the contested matter in a probate proceeding is transferred to a
42	42	district court under this section, the [The] county court shall
43	43	continue to exercise jurisdiction over the management of the
44	44	estate, other than a contested matter, until final disposition of
45	45	the contested matter is made in accordance with this section. Any
46	46	[After a contested matter is transferred to a district court, any]
47	47	matter related to a [the] probate proceeding in which a contested
48	48	matter is transferred to a district court may be brought in the
49	49	district court. The district court in which a matter related to the
50	50	[probate] proceeding is filed may, on its own motion or on the
51	51	motion of any party, find that the matter is not a contested matter
52	52	and transfer the matter to the county court with jurisdiction of the
53	53	management of the estate.
54	54	SECTION 1.02. Section 4H, Texas Probate Code, is amended to
55	55	read as follows:
56	56	Sec. 4H. CONCURRENT JURISDICTION WITH DISTRICT COURT. A
57	57	statutory probate court has concurrent jurisdiction with the
58	58	district court in:
59	59	(1) a personal injury, survival, or wrongful death
60	60	action by or against a person in the person's capacity as a personal
61	61	representative;
62	62	(2) an action by or against a trustee;
63	63	(3) an action involving an inter vivos trust,
64	64	testamentary trust, or charitable trust, including a charitable
65	65	trust as defined by Section 123.001, Property Code;
66	66	(4) an action involving a personal representative of
67	67	an estate in which each other party aligned with the personal
68	68	representative is not an interested person in that estate;
69	69	(5) an action against an agent or former agent under a
70	70	power of attorney arising out of the agent's performance of the
71	71	duties of an agent; and
72	72	(6) an action to determine the validity of a power of
73	73	attorney or to determine an agent's rights, powers, or duties under
74	74	a power of attorney.
75	75	SECTION 1.03. The heading to Section 5B, Texas Probate
76	76	Code, is amended to read as follows:
77	77	Sec. 5B. TRANSFER TO STATUTORY PROBATE COURT OF PROCEEDING
78	78	RELATED TO PROBATE PROCEEDING.
79	79	SECTION 1.04. Section 6, Texas Probate Code, is amended to
80	80	read as follows:
81	81	Sec. 6. VENUE: [FOR] PROBATE OF WILLS AND GRANTING OF
82	82	LETTERS TESTAMENTARY AND OF ADMINISTRATION [OF ESTATES OF
83	83	DECEDENTS]. Wills shall be admitted to probate, and letters
84	84	testamentary or of administration shall be granted:
85	85	(1) in [(a) In] the county where the decedent
86	86	[deceased] resided, if the decedent [he] had a domicile or fixed
87	87	place of residence in this State; [.]
88	88	(2) if [(b) If] the decedent [deceased] had no
89	89	domicile or fixed place of residence in this State but died in this
90	90	State, then either in the county where the decedent's [his]
91	91	principal estate [property] was at the time of the decedent's [his]
92	92	death, or in the county where the decedent [he] died; or [.]
93	93	(3) if the decedent [(c) If he] had no domicile or
94	94	fixed place of residence in this State, and died outside the limits
95	95	of this State:
96	96	(A) [, then] in any county in this State where the
97	97	decedent's [his] nearest of kin reside; or [.]
98	98	(B) [(d) But] if there are [he had] no kindred of
99	99	the decedent in this State, then in the county where the decedent's
100	100	[his] principal estate was situated at the time of the decedent's
101	101	[his] death.
102	102	[(e) In the county where the applicant resides, when
103	103	administration is for the purpose only of receiving funds or money
104	104	due to a deceased person or his estate from any governmental source
105	105	or agency; provided, that unless the mother or father or spouse or
106	106	adult child of the deceased is applicant, citation shall be served
107	107	personally on the living parents and spouses and adult children, if
108	108	any, of the deceased person, or upon those who are alive and whose
109	109	addresses are known to the applicant.]
110	110	SECTION 1.05. Chapter I, Texas Probate Code, is amended by
111	111	adding Sections 6A, 6B, 6C, and 6D to read as follows:
112	112	Sec. 6A. VENUE: ACTION RELATED TO PROBATE PROCEEDING IN
113	113	STATUTORY PROBATE COURT. Except as provided by Section 6B of this
114	114	code, venue for any cause of action related to a probate proceeding
115	115	pending in a statutory probate court is proper in the statutory
116	116	probate court in which the decedent's estate is pending.
117	117	Sec. 6B. VENUE: CERTAIN ACTIONS INVOLVING PERSONAL
118	118	REPRESENTATIVE. Notwithstanding any other provision of this
119	119	chapter, the proper venue for an action by or against a personal
120	120	representative for personal injury, death, or property damages is
121	121	determined under Section 15.007, Civil Practice and Remedies Code.
122	122	Sec. 6C. VENUE: HEIRSHIP PROCEEDINGS. (a) Venue for a
123	123	proceeding to determine a decedent's heirs is in:
124	124	(1) the court of the county in which a proceeding
125	125	admitting the decedent's will to probate or administering the
126	126	decedent's estate was most recently pending; or
127	127	(2) the court of the county in which venue would be
128	128	proper for commencement of an administration of the decedent's
129	129	estate under Section 6 of this code if:
130	130	(A) no will of the decedent has been admitted to
131	131	probate in this state and no administration of the decedent's
132	132	estate has been granted in this state; or
133	133	(B) the proceeding is commenced by the trustee of
134	134	a trust holding assets for the benefit of the decedent.
135	135	(b) Notwithstanding Subsection (a) of this section and
136	136	Section 6 of this code, if there is no administration pending of the
137	137	estate of a deceased ward who died intestate, venue for a proceeding
138	138	to determine the deceased ward's heirs is in the probate court in
139	139	which the guardianship proceedings with respect to the ward's
140	140	estate were pending on the date of the ward's death. A proceeding
141	141	described by this subsection may not be brought as part of the
142	142	guardianship proceedings with respect to the ward's estate, but
143	143	rather must be filed as a separate cause in which the court may
144	144	determine the heirs' respective shares and interests in the estate
145	145	as provided by the laws of this state.
146	146	Sec. 6D. VENUE: CERTAIN ACTIONS INVOLVING BREACH OF
147	147	FIDUCIARY DUTY. Notwithstanding any other provision of this
148	148	chapter, venue for a proceeding brought by the attorney general
149	149	alleging breach of a fiduciary duty by a charitable entity or a
150	150	fiduciary or managerial agent of a charitable trust is determined
151	151	under Section 123.005, Property Code.
152	152	SECTION 1.06. Chapter I, Texas Probate Code, is amended by
153	153	amending Section 8 and adding Sections 8A and 8B to read as follows:
154	154	Sec. 8. CONCURRENT VENUE IN PROBATE PROCEEDING [AND
155	155	TRANSFER OF PROCEEDINGS]. (a) Concurrent Venue. When two or more
156	156	courts have concurrent venue of [an estate or] a probate proceeding
157	157	[to declare heirship under Section 48(a) of this code], the court in
158	158	which the application for the [a] proceeding [in probate or
159	159	determination of heirship] is first filed shall have and retain
160	160	jurisdiction of the [estate or heirship] proceeding[, as
161	161	appropriate,] to the exclusion of the other court or courts. The
162	162	proceeding shall be deemed commenced by the filing of an
163	163	application averring facts sufficient to confer venue; and the
164	164	proceeding first legally commenced shall extend to all of the
165	165	property of the decedent or the decedent's estate. Provided,
166	166	however, that a bona fide purchaser of real property in reliance on
167	167	any such subsequent proceeding, without knowledge of its
168	168	invalidity, shall be protected in such purchase unless before the
169	169	purchase the decree admitting the will to probate, determining
170	170	heirship, or granting administration in the prior proceeding is
171	171	[shall be] recorded in the office of the county clerk of the county
172	172	in which such property is located.
173	173	(b) Probate Proceedings in More Than One County. If probate
174	174	proceedings involving the same estate are [a proceeding in probate
175	175	or to declare heirship under Section 48(a) of this code is]
176	176	commenced in more than one county, each [the] proceeding commenced
177	177	in a county other than the county in which a proceeding was first
178	178	commenced is [shall be] stayed [except in the county where first
179	179	commenced] until final determination of venue by the court in the
180	180	county where first commenced. If the proper venue is finally
181	181	determined to be in another county, the clerk, after making and
182	182	retaining a true copy of the entire file in the case, shall transmit
183	183	the original file to the proper county, and the proceeding shall
184	184	thereupon be had in the proper county in the same manner as if the
185	185	proceeding had originally been instituted therein.
186	186	(c) Jurisdiction to Determine Venue. Subject to
187	187	Subsections (a) and (b) of this section, a court in which an
188	188	application for a probate proceeding is filed has jurisdiction to
189	189	determine venue for the proceeding and for any matter related to the
190	190	proceeding. A court's determination under this subsection is not
191	191	subject to collateral attack.
192	192	Sec. 8A. TRANSFER OF VENUE IN PROBATE PROCEEDING [Transfer
193	193	of Proceeding]. (a) [(1)] Transfer for Want of Venue. If it
194	194	appears to the court at any time before the final decree in a
195	195	probate proceeding that the proceeding was commenced in a court
196	196	which did not have priority of venue over such proceeding, the court
197	197	shall, on the application of any interested person, transfer the
198	198	proceeding to the proper county by transmitting to the proper court
199	199	in such county the original file in such case, together with
200	200	certified copies of all entries in the judge's probate docket
201	201	theretofore made, and the proceeding [probate of the will,
202	202	determination of heirship, or administration of the estate] in such
203	203	county shall be completed in the same manner as if the proceeding
204	204	had originally been instituted therein; but, if the question as to
205	205	priority of venue is not raised before final decree in the
206	206	proceedings is announced, the finality of such decree shall not be
207	207	affected by any error in venue.
208	208	(b) [(2)] Transfer for Convenience [of the Estate]. If it
209	209	appears to the court at any time before a probate proceeding [the
210	210	estate is closed or, if there is no administration of the estate,
211	211	when the proceeding in probate or to declare heirship] is concluded
212	212	that it would be in the best interest of the estate or, if there is
213	213	no administration of the estate, that it would be in the best
214	214	interest of the heirs or beneficiaries of the decedent's will, the
215	215	court, in its discretion, may order the proceeding transferred to
216	216	the proper court in any other county in this State. The clerk of the
217	217	court from which the proceeding is transferred shall transmit to
218	218	the court to which the proceeding is transferred the original file
219	219	in the proceeding and a certified copy of the index.
220	220	Sec. 8B. VALIDATION OF PRIOR PROCEEDINGS [(d) Validation of
221	221	Prior Proceedings]. When a probate proceeding is transferred to
222	222	another county under any provision of [this] Section 8 or 8A of this
223	223	Code, all orders entered in connection with the proceeding shall be
224	224	valid and shall be recognized in the second court, provided such
225	225	orders were made and entered in conformance with the procedure
226	226	prescribed by this Code.
227	227	[(e) Jurisdiction to Determine Venue. Any court in which
228	228	there has been filed an application for a proceeding in probate or
229	229	determination of heirship shall have full jurisdiction to determine
230	230	the venue of the proceeding in probate or heirship proceeding, and
231	231	of any proceeding relating thereto, and its determination shall not
232	232	be subject to collateral attack.]
233	233	SECTION 1.07. Section 15, Texas Probate Code, is amended to
234	234	read as follows:
235	235	Sec. 15. CASE FILES. The county clerk shall maintain a case
236	236	file for each decedent's estate in which a probate proceeding has
237	237	been filed. The case file must contain all orders, judgments, and
238	238	proceedings of the court and any other probate filing with the
239	239	court, including all:
240	240	(1) applications for the probate of wills and for the
241	241	granting of administration;
242	242	(2) citations and notices, whether published or
243	243	posted, with the returns thereon;
244	244	(3) wills and the testimony upon which the same are
245	245	admitted to probate, provided that the substance only of
246	246	depositions shall be recorded;
247	247	(4) bonds and official oaths;
248	248	(5) inventories, appraisements, and lists of claims;
249	249	(5-a) affidavits in lieu of inventories, appraisements,
250	250	and lists of claims;
251	251	(6) exhibits and accounts;
252	252	(7) reports of hiring, renting, or sale;
253	253	(8) applications for sale or partition of real estate
254	254	and reports of sale and of commissioners of partition;
255	255	(9) applications for authority to execute leases for
256	256	mineral development, or for pooling or unitization of lands,
257	257	royalty, or other interest in minerals, or to lend or invest money;
258	258	and
259	259	(10) reports of lending or investing money.
260	260	SECTION 1.08. Section 37A, Texas Probate Code, is amended
261	261	by amending Subsections (h) and (i) and adding Subsections (h-1)
262	262	and (p) to read as follows:
263	263	(h) Time for Filing of Disclaimer. Unless the beneficiary
264	264	is a charitable organization or governmental agency of the state, a
265	265	written memorandum of disclaimer disclaiming a present interest
266	266	shall be filed not later than nine months after the death of the
267	267	decedent and a written memorandum of disclaimer disclaiming a
268	268	future interest may be filed not later than nine months after the
269	269	event determining that the taker of the property or interest is
270	270	finally ascertained and his interest is indefeasibly vested. If
271	271	the beneficiary is a charitable organization or a governmental
272	272	agency of the state, a written memorandum of disclaimer disclaiming
273	273	a present or future interest shall be filed not later than the later
274	274	of:
275	275	(1) the first anniversary of the date the beneficiary
276	276	receives the notice required by Section 128A of this code;[,] or
277	277	(2) the expiration of the six-month period following
278	278	the date the personal representative files:
279	279	(A) the inventory, appraisement, and list of
280	280	claims due or owing to the estate; or
281	281	(B) the affidavit in lieu of the inventory,
282	282	appraisement, and list of claims[, whichever occurs later].
283	283	(h-1) Filing of Disclaimer. The written memorandum of
284	284	disclaimer shall be filed in the probate court in which the
285	285	decedent's will has been probated or in which proceedings have been
286	286	commenced for the administration of the decedent's estate or which
287	287	has before it an application for either of the same; provided,
288	288	however, if the administration of the decedent's estate is closed,
289	289	or after the expiration of one year following the date of the
290	290	issuance of letters testamentary in an independent administration,
291	291	or if there has been no will of the decedent probated or filed for
292	292	probate, or if no administration of the decedent's estate has been
293	293	commenced, or if no application for administration of the
294	294	decedent's estate has been filed, the written memorandum of
295	295	disclaimer shall be filed with the county clerk of the county of the
296	296	decedent's residence, or, if the decedent is not a resident of this
297	297	state but real property or an interest therein located in this state
298	298	is disclaimed, a written memorandum of disclaimer shall be filed
299	299	with the county clerk of the county in which such real property or
300	300	interest therein is located, and recorded by such county clerk in
301	301	the deed records of that county.
302	302	(i) Notice of Disclaimer. Unless the beneficiary is a
303	303	charitable organization or governmental agency of the state, copies
304	304	of any written memorandum of disclaimer shall be delivered in
305	305	person to, or shall be mailed by registered or certified mail to and
306	306	received by, the legal representative of the transferor of the
307	307	interest or the holder of legal title to the property to which the
308	308	disclaimer relates not later than nine months after the death of the
309	309	decedent or, if the interest is a future interest, not later than
310	310	nine months after the date the person who will receive the property
311	311	or interest is finally ascertained and the person's interest is
312	312	indefeasibly vested. If the beneficiary is a charitable
313	313	organization or government agency of the state, the notices
314	314	required by this section shall be filed not later than the later of:
315	315	(1) the first anniversary of the date the beneficiary
316	316	receives the notice required by Section 128A of this code;[,] or
317	317	(2) the expiration of the six-month period following
318	318	the date the personal representative files:
319	319	(A) the inventory, appraisement, and list of
320	320	claims due or owing to the estate; or
321	321	(B) the affidavit in lieu of the inventory,
322	322	appraisement, and list of claims[, whichever occurs later].
323	323	(p) Extension of Time for Certain Disclaimers.
324	324	Notwithstanding the periods prescribed by Subsections (h) and (i)
325	325	of this section, a disclaimer with respect to an interest in
326	326	property passing by reason of the death of a decedent dying after
327	327	December 31, 2009, but before December 17, 2010, may be executed and
328	328	filed, and notice of the disclaimer may be given, not later than
329	329	nine months after December 17, 2010. A disclaimer filed and for
330	330	which notice is given during this extended period is valid and shall
331	331	be treated as if the disclaimer had been filed and notice had been
332	332	given within the periods prescribed by Subsections (h) and (i) of
333	333	this section. This subsection does not apply to a disclaimer made
334	334	by a beneficiary that is a charitable organization or governmental
335	335	agency of the state.
336	336	SECTION 1.09. The heading to Section 48, Texas Probate
337	337	Code, is amended to read as follows:
338	338	Sec. 48. PROCEEDINGS TO DECLARE HEIRSHIP. [WHEN AND WHERE
339	339	INSTITUTED.]
340	340	SECTION 1.10. Section 48(a), Texas Probate Code, is amended
341	341	to read as follows:
342	342	(a) When a person dies intestate owning or entitled to real
343	343	or personal property in Texas, and there shall have been no
344	344	administration in this State upon the person's [his] estate; or
345	345	when it is necessary for the trustee of a trust holding assets for
346	346	the benefit of a decedent to determine the heirs of the decedent; or
347	347	when there has been a will probated in this State or elsewhere, or
348	348	an administration in this State upon the estate of such decedent,
349	349	and any real or personal property in this State has been omitted
350	350	from such will or from such administration, or no final disposition
351	351	thereof has been made in such administration, the court of the
352	352	county in which [such proceedings were last pending, or in the event
353	353	no will of such decedent has been admitted to probate in this State,
354	354	and no administration has been granted in this State upon the estate
355	355	of such decedent, then the court of the county in which] venue would
356	356	be proper [for commencement of an administration of the decedent's
357	357	estate] under Section 6C [6] of this code[,] may determine and
358	358	declare in the manner hereinafter provided who are the heirs and
359	359	only heirs of such decedent, and their respective shares and
360	360	interests, under the laws of this State, in the estate of such
361	361	decedent or, if applicable, in the trust, and proceedings therefor
362	362	shall be known as proceedings to declare heirship.
363	363	SECTION 1.11. Section 49(a), Texas Probate Code, is amended
364	364	to read as follows:
365	365	(a) Such proceedings may be instituted and maintained under
366	366	a circumstance specified in Section 48(a) of this code [in any of
367	367	the instances enumerated above] by the qualified personal
368	368	representative of the estate of such decedent, by a party seeking
369	369	the appointment of an independent administrator under Section 145
370	370	of this code, by the trustee of a trust holding assets for the
371	371	benefit of the decedent, by any person or persons claiming to be a
372	372	secured creditor or the owner of the whole or a part of the estate of
373	373	such decedent, or by the guardian of the estate of a ward, if the
374	374	proceedings are instituted and maintained in the probate court in
375	375	which the proceedings for the guardianship of the estate were
376	376	pending at the time of the death of the ward. In such a case an
377	377	application shall be filed in a proper court stating the following
378	378	information:
379	379	(1) the name of the decedent and the time and place of
380	380	death;
381	381	(2) the names and residences of the decedent's heirs,
382	382	the relationship of each heir to the decedent, and the true interest
383	383	of the applicant and each of the heirs in the estate of the decedent
384	384	or in the trust, as applicable;
385	385	(3) all the material facts and circumstances within
386	386	the knowledge and information of the applicant that might
387	387	reasonably tend to show the time or place of death or the names or
388	388	residences of all heirs, if the time or place of death or the names
389	389	or residences of all the heirs are not definitely known to the
390	390	applicant;
391	391	(4) a statement that all children born to or adopted by
392	392	the decedent have been listed;
393	393	(5) a statement that each marriage of the decedent has
394	394	been listed with the date of the marriage, the name of the spouse,
395	395	and if the marriage was terminated, the date and place of
396	396	termination, and other facts to show whether a spouse has had an
397	397	interest in the property of the decedent;
398	398	(6) whether the decedent died testate and if so, what
399	399	disposition has been made of the will;
400	400	(7) a general description of all the real and personal
401	401	property belonging to the estate of the decedent or held in trust
402	402	for the benefit of the decedent, as applicable; and
403	403	(8) an explanation for the omission of any of the
404	404	foregoing information that is omitted from the application.
405	405	SECTION 1.12. Section 59, Texas Probate Code, is amended by
406	406	amending Subsections (a) and (b) and adding Subsection (a-1) to
407	407	read as follows:
408	408	(a) Every last will and testament, except where otherwise
409	409	provided by law, shall be in writing and signed by the testator in
410	410	person or by another person for him by his direction and in his
411	411	presence, and shall, if not wholly in the handwriting of the
412	412	testator, be attested by two or more credible witnesses above the
413	413	age of fourteen years who shall subscribe their names thereto in
414	414	their own handwriting in the presence of the testator. Such a will
415	415	or testament may, at the time of its execution or at any subsequent
416	416	date during the lifetime of the testator and the witnesses, be made
417	417	self-proved, and the testimony of the witnesses in the probate
418	418	thereof may be made unnecessary, by the affidavits of the testator
419	419	and the attesting witnesses, made before an officer authorized to
420	420	administer oaths [under the laws of this State]. Provided that
421	421	nothing shall require an affidavit or certificate of any testator
422	422	or testatrix as a prerequisite to self-proof of a will or testament
423	423	other than the certificate set out below. The affidavits shall be
424	424	evidenced by a certificate, with official seal affixed, of such
425	425	officer attached or annexed to such will or testament in form and
426	426	contents substantially as follows:
427	427	THE STATE OF TEXAS
428	428	COUNTY OF ________________
429	429	Before me, the undersigned authority, on this day personally
430	430	appeared _______________, _______________, and _______________,
431	431	known to me to be the testator and the witnesses, respectively,
432	432	whose names are subscribed to the annexed or foregoing instrument
433	433	in their respective capacities, and, all of said persons being by me
434	434	duly sworn, the said _______________, testator, declared to me and
435	435	to the said witnesses in my presence that said instrument is his
436	436	last will and testament, and that he had willingly made and executed
437	437	it as his free act and deed; and the said witnesses, each on his
438	438	oath stated to me, in the presence and hearing of the said testator,
439	439	that the said testator had declared to them that said instrument is
440	440	his last will and testament, and that he executed same as such and
441	441	wanted each of them to sign it as a witness; and upon their oaths
442	442	each witness stated further that they did sign the same as witnesses
443	443	in the presence of the said testator and at his request; that he was
444	444	at that time eighteen years of age or over (or being under such age,
445	445	was or had been lawfully married, or was then a member of the armed
446	446	forces of the United States or of an auxiliary thereof or of the
447	447	Maritime Service) and was of sound mind; and that each of said
448	448	witnesses was then at least fourteen years of age.
449	449	___________________________
450	450	Testator
451	451	___________________________
452	452	Witness
453	453	___________________________
454	454	Witness
455	455	Subscribed and sworn to before me by the said ____________,
456	456	testator, and by the said ________________ and _______________,
457	457	witnesses, this ______ day of________________ A.D.
458	458	________________.
459	459	(SEAL)
460	460	(Signed) ___________________________
461	461	(Official Capacity of Officer)
462	462	(a-1) As an alternative to the self-proving of a will by the
463	463	affidavits of the testator and the attesting witnesses under
464	464	Subsection (a) of this section, a will may be simultaneously
465	465	executed, attested, and made self-proved before an officer
466	466	authorized to administer oaths, and the testimony of the witnesses
467	467	in the probate of the will may be made unnecessary, with the
468	468	inclusion in the will of the following in form and contents
469	469	substantially as follows:
470	470	I, ______________________, as testator, after being duly
471	471	sworn, declare to the undersigned witnesses and to the undersigned
472	472	authority that this instrument is my will, that I have willingly
473	473	made and executed it in the presence of the undersigned witnesses,
474	474	all of whom were present at the same time, as my free act and deed,
475	475	and that I have requested each of the undersigned witnesses to sign
476	476	this will in my presence and in the presence of each other. I now
477	477	sign this will in the presence of the attesting witnesses and the
478	478	undersigned authority on this ______ day of __________,
479	479	20________________.
480	480	____________________________________
481	481	Testator
482	482	The undersigned, __________ and __________, each being above
483	483	fourteen years of age, after being duly sworn, declare to the
484	484	testator and to the undersigned authority that the testator
485	485	declared to us that this instrument is the testator's will and that
486	486	the testator requested us to act as witnesses to the testator's will
487	487	and signature. The testator then signed this will in our presence,
488	488	all of us being present at the same time. The testator is eighteen
489	489	years of age or over (or being under such age, is or has been
490	490	lawfully married, or is a member of the armed forces of the United
491	491	States or of an auxiliary thereof or of the Maritime Service), and
492	492	we believe the testator to be of sound mind. We now sign our names as
493	493	attesting witnesses in the presence of the testator, each other,
494	494	and the undersigned authority on this __________ day of __________,
495	495	20______________.
496	496	___________________________
497	497	Witness
498	498	___________________________
499	499	Witness
500	500	Subscribed and sworn to before me by the said _________,
501	501	testator, and by the said _____________ and ______________,
502	502	witnesses, this _____ day of __________, 20____________.
503	503	(SEAL)
504	504	(Signed) __________________
505	505	(Official Capacity of Officer)
506	506	(b) An affidavit in form and content substantially as
507	507	provided by Subsection (a) of this section is a "self-proving
508	508	affidavit." A will with a self-proving affidavit subscribed and
509	509	sworn to by the testator and witnesses attached or annexed to the
510	510	will, or a will simultaneously executed, attested, and made
511	511	self-proved as provided by Subsection (a-1) of this section, is a
512	512	"self-proved will." Substantial compliance with the form provided
513	513	by Subsection (a) or (a-1) of this section [form of such affidavit]
514	514	shall suffice to cause the will to be self-proved. For this
515	515	purpose, an affidavit that is subscribed and acknowledged by the
516	516	testator and subscribed and sworn to by the witnesses would suffice
517	517	as being in substantial compliance. A signature on a self-proving
518	518	affidavit as provided by Subsection (a) of this section is
519	519	considered a signature to the will if necessary to prove that the
520	520	will was signed by the testator or witnesses, or both, but in that
521	521	case, the will may not be considered a self-proved will.
522	522	SECTION 1.13. Section 64, Texas Probate Code, is amended to
523	523	read as follows:
524	524	Sec. 64. FORFEITURE CLAUSE. A provision in a will that
525	525	would cause a forfeiture of [a devise] or void a devise or provision
526	526	in favor of a person for bringing any court action, including
527	527	contesting a will, is unenforceable if:
528	528	(1) just [probable] cause existed [exists] for
529	529	bringing the action; and
530	530	(2) the action was brought and maintained in good
531	531	faith.
532	532	SECTION 1.14. Section 67, Texas Probate Code, is amended by
533	533	amending Subsections (a) and (b) and adding Subsection (e) to read
534	534	as follows:
535	535	(a) Whenever a pretermitted child is not mentioned in the
536	536	testator's will, provided for in the testator's will, or otherwise
537	537	provided for by the testator, the pretermitted child shall succeed
538	538	to a portion of the testator's estate as provided by Subsection
539	539	(a)(1) or (a)(2) of this section, except as limited by Subsection
540	540	(e) of this section.
541	541	(1) If the testator has one or more children living
542	542	when he executes his last will, and:
543	543	(A) No provision is made therein for any such
544	544	child, a pretermitted child succeeds to the portion of the
545	545	testator's separate and community estate to which the pretermitted
546	546	child would have been entitled pursuant to Section 38(a) of this
547	547	code had the testator died intestate without a surviving spouse
548	548	owning only that portion of his estate not devised or bequeathed to
549	549	the other parent of the pretermitted child.
550	550	(B) Provision, whether vested or contingent, is
551	551	made therein for one or more of such children, a pretermitted child
552	552	is entitled to share in the testator's estate as follows:
553	553	(i) The portion of the testator's estate to
554	554	which the pretermitted child is entitled is limited to the
555	555	disposition made to children under the will.
556	556	(ii) The pretermitted child shall receive
557	557	such share of the testator's estate, as limited in Subparagraph
558	558	(i), as he would have received had the testator included all
559	559	pretermitted children with the children upon whom benefits were
560	560	conferred under the will, and given an equal share of such benefits
561	561	to each such child.
562	562	(iii) To the extent that it is feasible, the
563	563	interest of the pretermitted child in the testator's estate shall
564	564	be of the same character, whether an equitable or legal life estate
565	565	or in fee, as the interest that the testator conferred upon his
566	566	children under the will.
567	567	(2) If the testator has no child living when he
568	568	executes his last will, the pretermitted child succeeds to the
569	569	portion of the testator's separate and community estate to which
570	570	the pretermitted child would have been entitled pursuant to Section
571	571	38(a) of this code had the testator died intestate without a
572	572	surviving spouse owning only that portion of his estate not devised
573	573	or bequeathed to the other parent of the pretermitted child.
574	574	(b) The pretermitted child may recover the share of the
575	575	testator's estate to which he is entitled either from the other
576	576	children under Subsection (a)(1)(B) or the testamentary
577	577	beneficiaries under Subsections (a)(1)(A) and (a)(2) other than the
578	578	other parent of the pretermitted child, ratably, out of the
579	579	portions of such estate passing to such persons under the will. In
580	580	abating the interests of such beneficiaries, the character of the
581	581	testamentary plan adopted by the testator shall be preserved to the
582	582	maximum extent possible.
583	583	(e) If a pretermitted child's other parent is not the
584	584	surviving spouse of the testator, the portion of the testator's
585	585	estate to which the pretermitted child is entitled under Subsection
586	586	(a)(1)(A) or (a)(2) of this section may not reduce the portion of
587	587	the testator's estate passing to the testator's surviving spouse by
588	588	more than one-half.
589	589	SECTION 1.15. Section 81(a), Texas Probate Code, is amended
590	590	to read as follows:
591	591	(a) For Probate of a Written Will. A written will shall, if
592	592	within the control of the applicant, be filed with the application
593	593	for its probate, and shall remain in the custody of the county clerk
594	594	unless removed therefrom by order of a proper court. An application
595	595	for probate of a written will shall state:
596	596	(1) The name and domicile of each applicant.
597	597	(2) The name, age if known, and domicile of the
598	598	decedent, and the fact, time, and place of death.
599	599	(3) Facts showing that the court has venue.
600	600	(4) That the decedent owned real or personal property,
601	601	or both, describing the same generally, and stating its probable
602	602	value.
603	603	(5) The date of the will, the name and residence of the
604	604	executor named therein, if any, and if none be named, then the name
605	605	and residence of the person to whom it is desired that letters be
606	606	issued, and also the names and residences of the subscribing
607	607	witnesses, if any.
608	608	(6) Whether a child or children born or adopted after
609	609	the making of such will survived the decedent, and the name of each
610	610	such survivor, if any.
611	611	(7) That such executor or applicant, or other person
612	612	to whom it is desired that letters be issued, is not disqualified by
613	613	law from accepting letters.
614	614	(8) Whether a marriage of the decedent was ever
615	615	dissolved after the will was made[, whether by divorce, annulment,
616	616	or a declaration that the marriage was void,] and if so, when and
617	617	from whom.
618	618	(9) Whether the state, a governmental agency of the
619	619	state, or a charitable organization is named by the will as a
620	620	devisee.
621	621	The foregoing matters shall be stated and averred in the
622	622	application to the extent that they are known to the applicant, or
623	623	can with reasonable diligence be ascertained by him, and if any of
624	624	such matters is not stated or averred in the application, the
625	625	application shall set forth the reason why such matter is not so
626	626	stated and averred.
627	627	SECTION 1.16. Section 84(a), Texas Probate Code, is amended
628	628	to read as follows:
629	629	(a)(1) If a will is self-proved as provided in Section 59 of
630	630	this Code or, if executed in another state or a foreign country, is
631	631	self-proved in accordance with the laws of the state or foreign
632	632	country of the testator's domicile at the time of the execution, no
633	633	further proof of its execution with the formalities and solemnities
634	634	and under the circumstances required to make it a valid will shall
635	635	be necessary.
636	636	(2) For purposes of Subdivision (1) of this
637	637	subsection, a will is considered self-proved if the will, or an
638	638	affidavit of the testator and attesting witnesses attached or
639	639	annexed to the will, provides that:
640	640	(A) the testator declared that the testator
641	641	signed the instrument as the testator's will, the testator signed
642	642	it willingly or willingly directed another to sign for the
643	643	testator, the testator executed the will as the testator's free and
644	644	voluntary act for the purposes expressed in the instrument, the
645	645	testator is of sound mind and under no constraint or undue
646	646	influence, and the testator is eighteen years of age or over, or if
647	647	under that age, was or had been lawfully married, or was then a
648	648	member of the armed forces of the United States, an auxiliary of the
649	649	armed forces of the United States, or the United States Maritime
650	650	Service; and
651	651	(B) the witnesses declared that the testator
652	652	signed the instrument as the testator's will, the testator signed
653	653	it willingly or willingly directed another to sign for the
654	654	testator, each of the witnesses, in the presence and hearing of the
655	655	testator, signed the will as witness to the testator's signing, and
656	656	to the best of their knowledge the testator was of sound mind and
657	657	under no constraint or undue influence, and the testator was
658	658	eighteen years of age or over, or if under that age, was or had been
659	659	lawfully married, or was then a member of the armed forces of the
660	660	United States, an auxiliary of the armed forces of the United
661	661	States, or the United States Maritime Service.
662	662	SECTION 1.17. Section 89A(a), Texas Probate Code, is
663	663	amended to read as follows:
664	664	(a) A written will shall, if within the control of the
665	665	applicant, be filed with the application for probate as a muniment
666	666	of title, and shall remain in the custody of the county clerk unless
667	667	removed from the custody of the clerk by order of a proper court. An
668	668	application for probate of a will as a muniment of title shall
669	669	state:
670	670	(1) The name and domicile of each applicant.
671	671	(2) The name, age if known, and domicile of the
672	672	decedent, and the fact, time, and place of death.
673	673	(3) Facts showing that the court has venue.
674	674	(4) That the decedent owned real or personal property,
675	675	or both, describing the property generally, and stating its
676	676	probable value.
677	677	(5) The date of the will, the name and residence of the
678	678	executor named in the will, if any, and the names and residences of
679	679	the subscribing witnesses, if any.
680	680	(6) Whether a child or children born or adopted after
681	681	the making of such will survived the decedent, and the name of each
682	682	such survivor, if any.
683	683	(7) That there are no unpaid debts owing by the estate
684	684	of the testator, excluding debts secured by liens on real estate.
685	685	(8) Whether a marriage of the decedent was ever
686	686	dissolved after the will was made[, whether by divorce, annulment,
687	687	or a declaration that the marriage was void,] and if so, when and
688	688	from whom.
689	689	(9) Whether the state, a governmental agency of the
690	690	state, or a charitable organization is named by the will as a
691	691	devisee.
692	692	The foregoing matters shall be stated and averred in the
693	693	application to the extent that they are known to the applicant, or
694	694	can with reasonable diligence be ascertained by the applicant, and
695	695	if any of such matters is not stated or averred in the application,
696	696	the application shall set forth the reason why such matter is not so
697	697	stated and averred.
698	698	SECTION 1.18. Section 128A, Texas Probate Code, as amended
699	699	by Chapters 801 (S.B. 593) and 1170 (H.B. 391), Acts of the 80th
700	700	Legislature, Regular Session, 2007, is reenacted and amended to
701	701	read as follows:
702	702	Sec. 128A. NOTICE TO CERTAIN BENEFICIARIES AFTER PROBATE OF
703	703	WILL. (a) In this section, "beneficiary" means a person, entity,
704	704	state, governmental agency of the state, charitable organization,
705	705	or trustee of a trust entitled to receive [real or personal]
706	706	property under the terms of a decedent's will, to be determined for
707	707	purposes of this section with the assumption that each person who is
708	708	alive on the date of the decedent's death survives any period
709	709	required to receive the bequest as specified by the terms of the
710	710	will. The term does not include a person, entity, state,
711	711	governmental agency of the state, charitable organization, or
712	712	trustee of a trust that would be entitled to receive property under
713	713	the terms of a decedent's will on the occurrence of a contingency
714	714	that has not occurred as of the date of the decedent's death.
715	715	(a-1) This section does not apply to the probate of a will as
716	716	a muniment of title.
717	717	(b) Except as provided by Subsection (d) of this section,
718	718	not later than the 60th day after the date of an order admitting a
719	719	decedent's will to probate, the personal representative of the
720	720	decedent's estate, including an independent executor or
721	721	independent administrator, shall give notice that complies with
722	722	Subsection (e) of this section to each beneficiary named in the will
723	723	whose identity and address are known to the personal representative
724	724	or, through reasonable diligence, can be ascertained. If, after
725	725	the 60th day after the date of the order, the personal
726	726	representative becomes aware of the identity and address of a
727	727	beneficiary who was not given notice on or before the 60th day, the
728	728	personal representative shall give the notice as soon as possible
729	729	after becoming aware of that information.
730	730	(c) Notwithstanding the requirement under Subsection (b) of
731	731	this section that the personal representative give the notice to
732	732	the beneficiary, the personal representative shall give the notice
733	733	with respect to a beneficiary described by this subsection as
734	734	follows:
735	735	(1) if the beneficiary is a trustee of a trust, to the
736	736	trustee, unless the personal representative is the trustee, in
737	737	which case the personal representative shall, except as provided by
738	738	Subsection (c-1) of this section, give the notice to the person or
739	739	class of persons first eligible to receive the trust income, to be
740	740	determined for purposes of this subdivision as if the trust were in
741	741	existence on the date of the decedent's death;
742	742	(2) if the beneficiary has a court-appointed guardian
743	743	or conservator, to that guardian or conservator;
744	744	(3) if the beneficiary is a minor for whom no guardian
745	745	or conservator has been appointed, to a parent of the minor; and
746	746	(4) if the beneficiary is a charity that for any reason
747	747	cannot be notified, to the attorney general.
748	748	(c-1) The personal representative is not required to give
749	749	the notice otherwise required by Subsection (c)(1) of this section
750	750	to a person eligible to receive trust income at the sole discretion
751	751	of the trustee of a trust if:
752	752	(1) the personal representative has given the notice
753	753	to an ancestor of the person who has a similar interest in the
754	754	trust; and
755	755	(2) no apparent conflict exists between the ancestor
756	756	and the person eligible to receive trust income.
757	757	(d) A personal representative is not required to give the
758	758	notice otherwise required by this section to a beneficiary who:
759	759	(1) has made an appearance in the proceeding with
760	760	respect to the decedent's estate before the will was admitted to
761	761	probate; [or]
762	762	(2) is entitled to receive aggregate gifts under the
763	763	will with an estimated value of $2,000 or less;
764	764	(3) has received all gifts to which the beneficiary is
765	765	entitled under the will not later than the 60th day after the date
766	766	of the order admitting the decedent's will to probate; or
767	767	(4) has received a copy of the will that was admitted
768	768	to probate or a written summary of the gifts to the beneficiary
769	769	under the will and has waived the right to receive the notice in an
770	770	instrument that:
771	771	(A) either acknowledges the receipt of the copy
772	772	of the will or includes the written summary of the gifts to the
773	773	beneficiary under the will;
774	774	(B) is signed by the beneficiary; and
775	775	(C) is filed with the court.
776	776	(e) The notice required by this section must include:
777	777	(1) [state:
778	778	[(A)] the name and address of the beneficiary to
779	779	whom the notice is given or, for a beneficiary described by
780	780	Subsection (c) of this section, the name and address of the
781	781	beneficiary for whom the notice is given and of the person to whom
782	782	the notice is given;
783	783	(2) [(B)] the decedent's name;
784	784	(3) a statement [(C)] that the decedent's will has
785	785	been admitted to probate;
786	786	(4) a statement [(D)] that the beneficiary to whom or
787	787	for whom the notice is given is named as a beneficiary in the will;
788	788	[and]
789	789	(5) [(E)] the personal representative's name and
790	790	contact information; and
791	791	(6) either:
792	792	(A) [(2) contain as attachments] a copy of the
793	793	will that was admitted to probate and the order admitting the will
794	794	to probate; or
795	795	(B) a summary of the gifts to the beneficiary
796	796	under the will, the court in which the will was admitted to probate,
797	797	the docket number assigned to the estate, the date the will was
798	798	admitted to probate, and, if different, the date the court
799	799	appointed the personal representative.
800	800	(f) The notice required by this section must be sent by
801	801	registered or certified mail, return receipt requested.
802	802	(g) Not later than the 90th day after the date of an order
803	803	admitting a will to probate, the personal representative shall file
804	804	with the clerk of the court in which the decedent's estate is
805	805	pending a sworn affidavit of the personal representative, or a
806	806	certificate signed by the personal representative's attorney,
807	807	stating:
808	808	(1) for each beneficiary to whom notice was required
809	809	to be given under this section, the name and address of the
810	810	beneficiary to whom the personal representative gave the notice or,
811	811	for a beneficiary described by Subsection (c) of this section, the
812	812	name and address of the beneficiary and of the person to whom the
813	813	notice was given;
814	814	(2) the name and address of each beneficiary to whom
815	815	notice was not required to be given under Subsection (d)(2), (3), or
816	816	(4) of this section [who filed a waiver of the notice];
817	817	(3) the name of each beneficiary whose identity or
818	818	address could not be ascertained despite the personal
819	819	representative's exercise of reasonable diligence; and
820	820	(4) any other information necessary to explain the
821	821	personal representative's inability to give the notice to or for
822	822	any beneficiary as required by this section.
823	823	(h) The affidavit or certificate required by Subsection (g)
824	824	of this section may be included with any pleading or other document
825	825	filed with the clerk of the court, including the inventory,
826	826	appraisement, and list of claims, an affidavit in lieu of the
827	827	inventory, appraisement, and list of claims, or an application for
828	828	an extension of the deadline to file the inventory, appraisement,
829	829	and list of claims or an affidavit in lieu of the inventory,
830	830	appraisement, and list of claims, provided that the pleading or
831	831	other document with which the affidavit or certificate is included
832	832	is filed not later than the date the affidavit or certificate is
833	833	required to be filed as provided by Subsection (g) of this section.
834	834	SECTION 1.19. Section 143, Texas Probate Code, is amended
835	835	to read as follows:
836	836	Sec. 143. SUMMARY PROCEEDINGS FOR SMALL ESTATES AFTER
837	837	PERSONAL REPRESENTATIVE APPOINTED. Whenever, after the inventory,
838	838	appraisement, and list of claims or the affidavit in lieu of the
839	839	inventory, appraisement, and list of claims has been filed by a
840	840	personal representative, it is established that the estate of a
841	841	decedent, exclusive of the homestead and exempt property and family
842	842	allowance to the surviving spouse and minor children, does not
843	843	exceed the amount sufficient to pay the claims of Classes One to
844	844	Four, inclusive, as claims are hereinafter classified, the personal
845	845	representative shall, upon order of the court, pay the claims in the
846	846	order provided and to the extent permitted by the assets of the
847	847	estate subject to the payment of such claims, and thereafter
848	848	present his account with an application for the settlement and
849	849	allowance thereof. Thereupon the court, with or without notice,
850	850	may adjust, correct, settle, allow or disallow such account, and,
851	851	if the account is settled and allowed, may decree final
852	852	distribution, discharge the personal representative, and close the
853	853	administration.
854	854	SECTION 1.20. Sections 145(g), (h), (i), and (j), Texas
855	855	Probate Code, are amended to read as follows:
856	856	(g) The court may not appoint an independent administrator
857	857	to serve in an intestate administration unless and until the
858	858	parties seeking appointment of the independent administrator have
859	859	been determined, through a proceeding to declare heirship under
860	860	Chapter III of this code, to constitute all of the decedent's heirs.
861	861	[In no case shall any independent administrator be appointed by any
862	862	court to serve in any intestate administration until those parties
863	863	seeking the appointment of said independent administrator offer
864	864	clear and convincing evidence to the court that they constitute all
865	865	of the said decedent's heirs.]
866	866	(h) When an independent administration has been created,
867	867	and the order appointing an independent executor has been entered
868	868	by the county court, and the inventory, appraisement, and list
869	869	aforesaid has been filed by the executor and approved by the county
870	870	court or an affidavit in lieu of the inventory, appraisement, and
871	871	list of claims has been filed by the executor, as long as the estate
872	872	is represented by an independent executor, further action of any
873	873	nature shall not be had in the county court except where this Code
874	874	specifically and explicitly provides for some action in the county
875	875	court.
876	876	(i) If a distributee described in Subsections (c) through
877	877	(e) of this section is an incapacitated person, the guardian of the
878	878	person of the distributee may sign the application on behalf of the
879	879	distributee. If the county court finds that either the granting of
880	880	independent administration or the appointment of the person, firm,
881	881	or corporation designated in the application as independent
882	882	executor would not be in the best interests of the incapacitated
883	883	person, then, notwithstanding anything to the contrary in
884	884	Subsections (c) through (e) of this section, the county court shall
885	885	not enter an order granting independent administration of the
886	886	estate. If such distributee who is an incapacitated person has no
887	887	guardian of the person, the county court may appoint a guardian ad
888	888	litem to make application on behalf of the incapacitated person if
889	889	the county court considers such an appointment necessary to protect
890	890	the interest of the distributees. Alternatively, if the
891	891	distributee who is an incapacitated person is a minor and has no
892	892	guardian of the person, the natural guardian or guardians of the
893	893	minor may consent on the minor's behalf if there is no conflict of
894	894	interest between the minor and the natural guardian or guardians.
895	895	(j) If a trust is created in the decedent's will, the person
896	896	or class of persons first eligible to receive the income from the
897	897	trust, when determined as if the trust were to be in existence on
898	898	the date of the decedent's death, shall, for the purposes of
899	899	Subsections (c) and (d) of this section, be deemed to be the
900	900	distributee or distributees on behalf of such trust, and any other
901	901	trust or trusts coming into existence upon the termination of such
902	902	trust, and are authorized to apply for independent administration
903	903	on behalf of the trusts without the consent or agreement of the
904	904	trustee or any other beneficiary of the trust, or the trustee or any
905	905	beneficiary of any other trust which may come into existence upon
906	906	the termination of such trust. If a trust beneficiary who is
907	907	considered to be a distributee under this subsection is an
908	908	incapacitated person, the trustee or cotrustee may file the
909	909	application or give the consent, provided that the trustee or
910	910	cotrustee is not the person proposed to serve as the independent
911	911	executor.
912	912	SECTION 1.21. Part 4, Chapter VI, Texas Probate Code, is
913	913	amended by adding Sections 145A, 145B, and 145C to read as follows:
914	914	Sec. 145A. GRANTING POWER OF SALE BY AGREEMENT. In a
915	915	situation in which a decedent does not have a will or a decedent's
916	916	will does not contain language authorizing the personal
917	917	representative to sell real property or contains language that is
918	918	not sufficient to grant the representative that authority, the
919	919	court may include in an order appointing an independent executor
920	920	under Section 145 of this code any general or specific authority
921	921	regarding the power of the independent executor to sell real
922	922	property that may be consented to by the beneficiaries who are to
923	923	receive any interest in the real property in the application for
924	924	independent administration or in their consents to the independent
925	925	administration. The independent executor, in such event, may sell
926	926	the real property under the authority granted in the court order
927	927	without the further consent of those beneficiaries.
928	928	Sec. 145B. INDEPENDENT EXECUTORS MAY ACT WITHOUT COURT
929	929	APPROVAL. Unless this code specifically provides otherwise, any
930	930	action that a personal representative subject to court supervision
931	931	may take with or without a court order may be taken by an
932	932	independent executor without a court order. The other provisions
933	933	of this part are designed to provide additional guidance regarding
934	934	independent administrations in specified situations, and are not
935	935	designed to limit by omission or otherwise the application of the
936	936	general principles set forth in this part.
937	937	Sec. 145C. POWER OF SALE OF ESTATE PROPERTY. (a)
938	938	Definition. In this section, "independent executor" does not
939	939	include an independent administrator.
940	940	(b) General. Unless limited by the terms of a will, an
941	941	independent executor, in addition to any power of sale of estate
942	942	property given in the will, and an independent administrator have
943	943	the same power of sale for the same purposes as a personal
944	944	representative has in a supervised administration, but without the
945	945	requirement of court approval. The procedural requirements
946	946	applicable to a supervised administration do not apply.
947	947	(c) Protection of Person Purchasing Estate Property. (1) A
948	948	person who is not a devisee or heir is not required to inquire into
949	949	the power of sale of estate property of the independent executor or
950	950	independent administrator or the propriety of the exercise of the
951	951	power of sale if the person deals with the independent executor or
952	952	independent administrator in good faith and:
953	953	(A) a power of sale is granted to the independent
954	954	executor in the will;
955	955	(B) a power of sale is granted under Section 145A
956	956	of this code in the court order appointing the independent executor
957	957	or independent administrator; or
958	958	(C) the independent executor or independent
959	959	administrator provides an affidavit, executed and sworn to under
960	960	oath and recorded in the deed records of the county where the
961	961	property is located, that the sale is necessary or advisable for any
962	962	of the purposes described in Section 341(1) of this code.
963	963	(2) As to acts undertaken in good faith reliance, the
964	964	affidavit described by Subsection (c)(1)(C) of this section is
965	965	conclusive proof, as between a purchaser of property from an
966	966	estate, and the personal representative of the estate or the heirs
967	967	and distributees of the estate, with respect to the authority of the
968	968	independent executor or independent administrator to sell the
969	969	property. The signature or joinder of a devisee or heir who has an
970	970	interest in the property being sold as described in this section is
971	971	not necessary for the purchaser to obtain all right, title, and
972	972	interest of the estate in the property being sold.
973	973	(3) This section does not relieve the independent
974	974	executor or independent administrator from any duty owed to a
975	975	devisee or heir in relation, directly or indirectly, to the sale.
976	976	(d) No Limitations. This section does not limit the
977	977	authority of an independent executor or independent administrator
978	978	to take any other action without court supervision or approval with
979	979	respect to estate assets that may take place in a supervised
980	980	administration, for purposes and within the scope otherwise
981	981	authorized by this code, including the authority to enter into a
982	982	lease and to borrow money.
983	983	SECTION 1.22. Section 146, Texas Probate Code, is amended
984	984	by adding Subsections (a-1) and (b-1) through (b-7) and amending
985	985	Subsection (b) to read as follows:
986	986	(a-1) Statement in Notice of Claim. To be effective, the
987	987	notice provided under Subsection (a)(2) of this section must
988	988	include, in addition to the other information required by Section
989	989	294(d) of this code, a statement that a claim may be effectively
990	990	presented by only one of the methods prescribed by this section.
991	991	(b) Secured Claims for Money. Within six months after the
992	992	date letters are granted or within four months after the date notice
993	993	is received under Section 295 of this code, whichever is later, a
994	994	creditor with a claim for money secured by real or personal property
995	995	of the estate must give notice to the independent executor of the
996	996	creditor's election to have the creditor's claim approved as a
997	997	matured secured claim to be paid in due course of administration.
998	998	In addition to giving the notice within this period, a creditor
999	999	whose claim is secured by real property shall record a notice of the
1000	1000	creditor's election under this subsection in the deed records of
1001	1001	the county in which the real property is located. If no [the]
1002	1002	election to be a matured secured creditor is made, or the election
1003	1003	is made, but not within the prescribed period, or is made within the
1004	1004	prescribed period but the creditor has a lien against real property
1005	1005	and fails to record notice of the claim in the deed records as
1006	1006	required within the prescribed period [is not made], the claim
1007	1007	shall be [is] a preferred debt and lien against the specific
1008	1008	property securing the indebtedness and shall be paid according to
1009	1009	the terms of the contract that secured the lien, and the claim may
1010	1010	not be asserted against other assets of the estate. The independent
1011	1011	executor may pay the claim before the claim matures if paying the
1012	1012	claim before maturity is in the best interest of the estate.
1013	1013	(b-1) Matured Secured Claims. (1) A claim approved as a
1014	1014	matured secured claim under Subsection (b) of this section remains
1015	1015	secured by any lien or security interest against the specific
1016	1016	property securing payment of the claim but subordinated to the
1017	1017	payment from the property of claims having a higher classification
1018	1018	under Section 322 of this code. However, the secured creditor:
1019	1019	(A) is not entitled to exercise any remedies in a
1020	1020	manner that prevents the payment of the higher priority claims and
1021	1021	allowances; and
1022	1022	(B) during the administration of the estate, is
1023	1023	not entitled to exercise any contractual collection rights,
1024	1024	including the power to foreclose, without either the prior written
1025	1025	approval of the independent executor or court approval.
1026	1026	(2) Subdivision (1) of this subsection may not be
1027	1027	construed to suspend or otherwise prevent a creditor with a matured
1028	1028	secured claim from seeking judicial relief of any kind or from
1029	1029	executing any judgment against an independent executor. Except
1030	1030	with respect to real property, any third party acting in good faith
1031	1031	may obtain good title with respect to an estate asset acquired
1032	1032	through a secured creditor's extrajudicial collection rights,
1033	1033	without regard to whether the creditor had the right to collect the
1034	1034	asset or whether the creditor acted improperly in exercising those
1035	1035	rights during an estate administration due to having elected
1036	1036	matured secured status.
1037	1037	(3) If a claim approved or established by suit as a
1038	1038	matured secured claim is secured by property passing to one or more
1039	1039	devisees in accordance with Section 71A of this code, the
1040	1040	independent executor shall collect from the devisees the amount of
1041	1041	the debt and pay that amount to the claimant or shall sell the
1042	1042	property and pay out of the sale proceeds the claim and associated
1043	1043	expenses of sale consistent with the provisions of Section 306(c-1)
1044	1044	of this code applicable to court supervised administrations.
1045	1045	(b-2) Preferred Debt and Lien Claims. During an independent
1046	1046	administration, a secured creditor whose claim is a preferred debt
1047	1047	and lien against property securing the indebtedness under
1048	1048	Subsection (b) of this section is free to exercise any judicial or
1049	1049	extrajudicial collection rights, including the right to
1050	1050	foreclosure and execution; provided, however, that the creditor
1051	1051	does not have the right to conduct a nonjudicial foreclosure sale
1052	1052	within six months after letters are granted.
1053	1053	(b-3) Certain Unsecured Claims; Barring of Claims. An
1054	1054	unsecured creditor who has a claim for money against an estate and
1055	1055	who receives a notice under Section 294(d) of this code shall give
1056	1056	to the independent executor notice of the nature and amount of the
1057	1057	claim not later than the 120th day after the date the notice is
1058	1058	received or the claim is barred.
1059	1059	(b-4) Notices Required by Creditors. Notice to the
1060	1060	independent executor required by Subsections (b) and (b-3) of this
1061	1061	section must be contained in:
1062	1062	(1) a written instrument that is hand-delivered with
1063	1063	proof of receipt, or mailed by certified mail, return receipt
1064	1064	requested with proof of receipt, to the independent executor or the
1065	1065	executor's attorney;
1066	1066	(2) a pleading filed in a lawsuit with respect to the
1067	1067	claim; or
1068	1068	(3) a written instrument or pleading filed in the
1069	1069	court in which the administration of the estate is pending.
1070	1070	(b-5) Filing Requirements Applicable. Subsection (b-4) of
1071	1071	this section does not exempt a creditor who elects matured secured
1072	1072	status from the filing requirements of Subsection (b) of this
1073	1073	section, to the extent those requirements are applicable.
1074	1074	(b-6) Statute of Limitations. Except as otherwise provided
1075	1075	by Section 16.062, Civil Practice and Remedies Code, the running of
1076	1076	the statute of limitations shall be tolled only by a written
1077	1077	approval of a claim signed by an independent executor, a pleading
1078	1078	filed in a suit pending at the time of the decedent's death, or a
1079	1079	suit brought by the creditor against the independent executor. In
1080	1080	particular, the presentation of a statement or claim, or a notice
1081	1081	with respect to a claim, to an independent executor does not toll
1082	1082	the running of the statute of limitations with respect to that
1083	1083	claim.
1084	1084	(b-7) Other Claim Procedures of Code Generally Do Not Apply.
1085	1085	Except as otherwise provided by this section, the procedural
1086	1086	provisions of this code governing creditor claims in supervised
1087	1087	administrations do not apply to independent administrations. By
1088	1088	way of example, but not as a limitation:
1089	1089	(1) Section 313 of this code does not apply to
1090	1090	independent administrations, and consequently a creditor's claim
1091	1091	may not be barred solely because the creditor failed to file a suit
1092	1092	not later than the 90th day after the date an independent executor
1093	1093	rejected the claim or with respect to a claim for which the
1094	1094	independent executor takes no action; and
1095	1095	(2) Sections 306(f)-(k) of this code do not apply to
1096	1096	independent administrations.
1097	1097	SECTION 1.23. Section 149B(a), Texas Probate Code, is
1098	1098	amended to read as follows:
1099	1099	(a) In addition to or in lieu of the right to an accounting
1100	1100	provided by Section 149A of this code, at any time after the
1101	1101	expiration of two years from the date the court clerk first issues
1102	1102	letters testamentary or of administration to any personal
1103	1103	representative of an estate [that an independent administration was
1104	1104	created and the order appointing an independent executor was
1105	1105	entered], a person interested in the estate then subject to
1106	1106	independent administration may petition the county court, as that
1107	1107	term is defined by Section 3 of this code, for an accounting and
1108	1108	distribution. The court may order an accounting to be made with the
1109	1109	court by the independent executor at such time as the court deems
1110	1110	proper. The accounting shall include the information that the
1111	1111	court deems necessary to determine whether any part of the estate
1112	1112	should be distributed.
1113	1113	SECTION 1.24. Section 149C(a), Texas Probate Code, is
1114	1114	amended to read as follows:
1115	1115	(a) The county court, as that term is defined by Section 3 of
1116	1116	this code, on its own motion or on motion of any interested person,
1117	1117	after the independent executor has been cited by personal service
1118	1118	to answer at a time and place fixed in the notice, may remove an
1119	1119	independent executor when:
1120	1120	(1) the independent executor fails to return within
1121	1121	ninety days after qualification, unless such time is extended by
1122	1122	order of the court, either an inventory of the property of the
1123	1123	estate and list of claims that have come to the independent
1124	1124	executor's knowledge or an affidavit in lieu of the inventory,
1125	1125	appraisement, and list of claims;
1126	1126	(2) sufficient grounds appear to support belief that
1127	1127	the independent executor has misapplied or embezzled, or that the
1128	1128	independent executor is about to misapply or embezzle, all or any
1129	1129	part of the property committed to the independent executor's care;
1130	1130	(3) the independent executor fails to make an
1131	1131	accounting which is required by law to be made;
1132	1132	(4) the independent executor fails to timely file the
1133	1133	affidavit or certificate required by Section 128A of this code;
1134	1134	(5) the independent executor is proved to have been
1135	1135	guilty of gross misconduct or gross mismanagement in the
1136	1136	performance of the independent executor's duties; or
1137	1137	(6) the independent executor becomes an incapacitated
1138	1138	person, or is sentenced to the penitentiary, or from any other cause
1139	1139	becomes legally incapacitated from properly performing the
1140	1140	independent executor's fiduciary duties.
1141	1141	SECTION 1.25. Section 151, Texas Probate Code, is amended
1142	1142	to read as follows:
1143	1143	Sec. 151. CLOSING INDEPENDENT ADMINISTRATION BY CLOSING
1144	1144	REPORT OR NOTICE OF CLOSING ESTATE [AFFIDAVIT]. (a) Filing of
1145	1145	Closing Report or Notice of Closing Estate [Affidavit]. When all of
1146	1146	the debts known to exist against the estate have been paid, or when
1147	1147	they have been paid so far as the assets in the hands of the
1148	1148	independent executor will permit, when there is no pending
1149	1149	litigation, and when the independent executor has distributed to
1150	1150	the persons entitled thereto all assets of the estate, if any,
1151	1151	remaining after payment of debts, the independent executor may file
1152	1152	with the court a closing report or a notice of closing of the
1153	1153	estate.
1154	1154	(a-1) Closing Report. An independent executor may file [:
1155	1155	[(1)] a closing report verified by affidavit that:
1156	1156	(1) shows:
1157	1157	(A) the [(i) The] property of the estate which
1158	1158	came into the possession [hands] of the independent executor;
1159	1159	(B) the [(ii) The] debts that have been paid;
1160	1160	(C) the [(iii) The] debts, if any, still owing by
1161	1161	the estate;
1162	1162	(D) the [(iv) The] property of the estate, if
1163	1163	any, remaining on hand after payment of debts; and
1164	1164	(E) the [(v) The] names and residences of the
1165	1165	persons to whom the property of the estate, if any, remaining on
1166	1166	hand after payment of debts has been distributed; and
1167	1167	(2) includes signed receipts or other proof of
1168	1168	delivery of property to the distributees named in the closing
1169	1169	report if the closing report reflects that there was property
1170	1170	remaining on hand after payment of debts.
1171	1171	(b) Notice of Closing Estate. (1) Instead of filing a
1172	1172	closing report under Subsection (a-1) of this section, an
1173	1173	independent executor may file a notice of closing estate verified
1174	1174	by affidavit that states:
1175	1175	(A) that all debts known to exist against the
1176	1176	estate have been paid or have been paid to the extent permitted by
1177	1177	the assets in the independent executor's possession;
1178	1178	(B) that all remaining assets of the estate, if
1179	1179	any, have been distributed; and
1180	1180	(C) the names and addresses of the distributees
1181	1181	to whom the property of the estate, if any, remaining on hand after
1182	1182	payment of debts has been distributed.
1183	1183	(2) Before filing the notice, the independent executor
1184	1184	shall provide to each distributee of the estate a copy of the notice
1185	1185	of closing estate. The notice of closing estate filed by the
1186	1186	independent executor must include signed receipts or other proof
1187	1187	that all distributees have received a copy of the notice of closing
1188	1188	estate.
1189	1189	(c) Effect of Filing Closing Report or Notice of Closing
1190	1190	Estate [the Affidavit]. (1) The independent administration of an
1191	1191	estate is considered closed 30 days after the date of the filing of
1192	1192	a closing report or notice of closing estate unless an interested
1193	1193	person files an objection with the court within that time. If an
1194	1194	interested person files an objection within the 30-day period, the
1195	1195	independent administration of the estate is closed when the
1196	1196	objection has been disposed of or the court signs an order closing
1197	1197	the estate.
1198	1198	(2) The closing of an [filing of such an affidavit and
1199	1199	proof of delivery, if required, shall terminate the] independent
1200	1200	administration by filing of a closing report or notice of closing
1201	1201	estate terminates [and] the power and authority of the independent
1202	1202	executor, but shall not relieve the independent executor from
1203	1203	liability for any mismanagement of the estate or from liability for
1204	1204	any false statements contained in the report or notice [affidavit].
1205	1205	(3) When a closing report or notice of closing estate
1206	1206	[such an affidavit] has been filed, persons dealing with properties
1207	1207	of the estate, or with claims against the estate, shall deal
1208	1208	directly with the distributees of the estate; and the acts of the
1209	1209	[such] distributees with respect to the [such] properties or claims
1210	1210	shall in all ways be valid and binding as regards the persons with
1211	1211	whom they deal, notwithstanding any false statements made by the
1212	1212	independent executor in the report or notice [such affidavit].
1213	1213	(4) [(2)] If the independent executor is required to
1214	1214	give bond, the independent executor's filing of the closing report
1215	1215	[affidavit] and proof of delivery, if required, automatically
1216	1216	releases the sureties on the bond from all liability for the future
1217	1217	acts of the principal. The filing of a notice of closing estate
1218	1218	does not release the sureties on the bond of an independent
1219	1219	executor.
1220	1220	(d) [(c)] Authority to Transfer Property of a Decedent
1221	1221	After Filing the Closing Report or Notice of Closing Estate
1222	1222	[Affidavit]. An independent executor's closing report or notice of
1223	1223	closing estate [affidavit closing the independent administration]
1224	1224	shall constitute sufficient legal authority to all persons owing
1225	1225	any money, having custody of any property, or acting as registrar or
1226	1226	transfer agent or trustee of any evidence of interest,
1227	1227	indebtedness, property, or right that belongs to the estate, for
1228	1228	payment or transfer without additional administration to the
1229	1229	distributees [persons] described in the will as entitled to receive
1230	1230	the particular asset or who as heirs at law are entitled to receive
1231	1231	the asset. The distributees [persons] described in the will as
1232	1232	entitled to receive the particular asset or the heirs at law
1233	1233	entitled to receive the asset may enforce their right to the payment
1234	1234	or transfer by suit.
1235	1235	(e) [(d)] Delivery Subject to Receipt or Proof of Delivery.
1236	1236	An independent executor may not be required to deliver tangible or
1237	1237	intangible personal property to a distributee unless the
1238	1238	independent executor receives [shall receive], at or before the
1239	1239	time of delivery of the property, a signed receipt or other proof of
1240	1240	delivery of the property to the distributee. An independent
1241	1241	executor may [shall] not require a waiver or release from the
1242	1242	distributee as a condition of delivery of property to a
1243	1243	distributee.
1244	1244	SECTION 1.26. Section 227, Texas Probate Code, is amended
1245	1245	to read as follows:
1246	1246	Sec. 227. SUCCESSORS RETURN OF INVENTORY, APPRAISEMENT, AND
1247	1247	LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT, AND
1248	1248	LIST OF CLAIMS. An appointee who has been qualified to succeed to a
1249	1249	prior personal representative shall make and return to the court an
1250	1250	inventory, appraisement, and list of claims of the estate, or if the
1251	1251	appointee is an independent executor, shall make and return to the
1252	1252	court that document or file an affidavit in lieu of the inventory,
1253	1253	appraisement, and list of claims, within ninety days after being
1254	1254	qualified, in like manner as is provided for [required of] original
1255	1255	appointees; and he shall also in like manner return additional
1256	1256	inventories, appraisements, and lists of claims or file additional
1257	1257	affidavits. In all orders appointing successor representatives of
1258	1258	estates, the court shall appoint appraisers as in original
1259	1259	appointments upon the application of any person interested in the
1260	1260	estate.
1261	1261	SECTION 1.27. Section 250, Texas Probate Code, is amended
1262	1262	to read as follows:
1263	1263	Sec. 250. INVENTORY AND APPRAISEMENT; AFFIDAVIT IN LIEU OF
1264	1264	INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. (a) Within ninety
1265	1265	days after the representative's [his] qualification, unless a
1266	1266	longer time shall be granted by the court, the representative shall
1267	1267	prepare and file with the clerk of court a verified, full, and
1268	1268	detailed inventory, in one written instrument, of all the property
1269	1269	of such estate which has come to the representative's [his]
1270	1270	possession or knowledge, which inventory shall include:
1271	1271	(1) [(a)] all real property of the estate situated in
1272	1272	the State of Texas; and
1273	1273	(2) [(b)] all personal property of the estate wherever
1274	1274	situated.
1275	1275	(b) The representative shall set out in the inventory the
1276	1276	representative's [his] appraisement of the fair market value of
1277	1277	each item thereof as of the date of death in the case of grant of
1278	1278	letters testamentary or of administration, as the case may be;
1279	1279	provided that if the court shall appoint an appraiser or appraisers
1280	1280	of the estate, the representative shall determine the fair market
1281	1281	value of each item of the inventory with the assistance of such
1282	1282	appraiser or appraisers and shall set out in the inventory such
1283	1283	appraisement. The inventory shall specify what portion of the
1284	1284	property, if any, is separate property and what portion, if any, is
1285	1285	community property. [If any property is owned in common with
1286	1286	others, the interest owned by the estate shall be shown, together
1287	1287	with the names and relationship, if known, of co-owners.] Such
1288	1288	inventory, when approved by the court and duly filed with the clerk
1289	1289	of court, shall constitute for all purposes the inventory and
1290	1290	appraisement of the estate referred to in this Code. The court for
1291	1291	good cause shown may require the filing of the inventory and
1292	1292	appraisement at a time prior to ninety days after the qualification
1293	1293	of the representative.
1294	1294	(c) Notwithstanding Subsection (a) of this section, if
1295	1295	there are no unpaid debts, except for secured debts, taxes, and
1296	1296	administration expenses, at the time the inventory is due,
1297	1297	including any extensions, an independent executor may file with the
1298	1298	court clerk, in lieu of the inventory, appraisement, and list of
1299	1299	claims, an affidavit stating that all debts, except for secured
1300	1300	debts, taxes, and administration expenses, are paid and that all
1301	1301	beneficiaries have received a verified, full, and detailed
1302	1302	inventory. The affidavit in lieu of the inventory, appraisement,
1303	1303	and list of claims must be filed within the 90-day period prescribed
1304	1304	by Subsection (a) of this section, unless the court grants an
1305	1305	extension.
1306	1306	(d) In this section, "beneficiary" means a person, entity,
1307	1307	state, governmental agency of the state, charitable organization,
1308	1308	or trust entitled to receive real or personal property:
1309	1309	(1) under the terms of a decedent's will, to be
1310	1310	determined for purposes of this subsection with the assumption that
1311	1311	each person who is alive on the date of the decedent's death
1312	1312	survives any period required to receive the bequest as specified by
1313	1313	the terms of the will; or
1314	1314	(2) as an heir of the decedent.
1315	1315	(e) If the independent executor files an affidavit in lieu
1316	1316	of filing an inventory, appraisement, and list of claims as
1317	1317	authorized under Subsection (c) of this section:
1318	1318	(1) any person interested in the estate, including a
1319	1319	possible heir of the decedent or a beneficiary under a prior will of
1320	1320	the decedent, is entitled to receive a copy of the inventory,
1321	1321	appraisement, and list of claims from the independent executor on
1322	1322	written request;
1323	1323	(2) the independent executor may provide a copy of the
1324	1324	inventory, appraisement, and list of claims to any person the
1325	1325	independent executor believes in good faith may be a person
1326	1326	interested in the estate without liability to the estate or its
1327	1327	beneficiaries; and
1328	1328	(3) a person interested in the estate may apply to the
1329	1329	court for an order compelling compliance with Subdivision (1) of
1330	1330	this subsection and the court, in its discretion, may compel the
1331	1331	independent executor to provide a copy of the inventory,
1332	1332	appraisement, and list of claims to the interested person or may
1333	1333	deny the application.
1334	1334	SECTION 1.28. Section 256, Texas Probate Code, is amended
1335	1335	to read as follows:
1336	1336	Sec. 256. DISCOVERY OF ADDITIONAL PROPERTY. (a) If, after
1337	1337	the filing of the inventory and appraisement, property or claims
1338	1338	not included in the inventory shall come to the possession or
1339	1339	knowledge of the representative, the representative [he] shall
1340	1340	forthwith file with the clerk of court a verified, full, and
1341	1341	detailed supplemental inventory and appraisement.
1342	1342	(b) If, after the filing of an affidavit in lieu of the
1343	1343	inventory and appraisement, property or claims not included in the
1344	1344	inventory given to the beneficiaries shall come to the possession
1345	1345	or knowledge of the representative, the representative shall
1346	1346	forthwith file with the clerk of court a supplemental affidavit in
1347	1347	lieu of the inventory and appraisement stating that all
1348	1348	beneficiaries have received a verified, full, and detailed
1349	1349	supplemental inventory and appraisement.
1350	1350	SECTION 1.29. Section 260, Texas Probate Code, is amended
1351	1351	to read as follows:
1352	1352	Sec. 260. FAILURE OF JOINT PERSONAL REPRESENTATIVES TO
1353	1353	RETURN AN INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT
1354	1354	IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. If there be
1355	1355	more than one representative qualified as such, any one or more of
1356	1356	them, on the neglect of the others, may make and return an inventory
1357	1357	and appraisement and list of claims or file an affidavit in lieu of
1358	1358	an inventory, appraisement, and list of claims; and the
1359	1359	representative so neglecting shall not thereafter interfere with
1360	1360	the estate or have any power over same; but the representative so
1361	1361	returning the inventory, appraisement, and list of claims or filing
1362	1362	the affidavit in lieu of an inventory, appraisement, and list of
1363	1363	claims shall have the whole administration, unless, within sixty
1364	1364	days after the return or the filing, the delinquent or delinquents
1365	1365	shall assign to the court in writing and under oath a reasonable
1366	1366	excuse which the court may deem satisfactory; and if no excuse is
1367	1367	filed or if the excuse filed is not deemed sufficient, the court
1368	1368	shall enter an order removing any and all such delinquents and
1369	1369	revoking their letters.
1370	1370	SECTION 1.30. Sections 271(a) and (b), Texas Probate Code,
1371	1371	are amended to read as follows:
1372	1372	(a) Unless an affidavit is filed under Subsection (b) of
1373	1373	this section, immediately after the inventory, appraisement, and
1374	1374	list of claims have been approved or after the affidavit in lieu of
1375	1375	the inventory, appraisement, and list of claims has been filed, the
1376	1376	court shall, by order, set apart:
1377	1377	(1) the homestead for the use and benefit of the
1378	1378	surviving spouse and minor children; and
1379	1379	(2) all other property of the estate that is exempt
1380	1380	from execution or forced sale by the constitution and laws of this
1381	1381	state for the use and benefit of the surviving spouse and minor
1382	1382	children and unmarried children remaining with the family of the
1383	1383	deceased.
1384	1384	(b) Before the approval of the inventory, appraisement, and
1385	1385	list of claims or, if applicable, before the filing of the affidavit
1386	1386	in lieu of the inventory, appraisement, and list of claims:
1387	1387	(1) a surviving spouse or any person who is authorized
1388	1388	to act on behalf of minor children of the deceased may apply to the
1389	1389	court to have exempt property, including the homestead, set aside
1390	1390	by filing an application and a verified affidavit listing all of the
1391	1391	property that the applicant claims is exempt; and
1392	1392	(2) any unmarried children remaining with the family
1393	1393	of the deceased may apply to the court to have all exempt property
1394	1394	other than the homestead set aside by filing an application and a
1395	1395	verified affidavit listing all of the other property that the
1396	1396	applicant claims is exempt.
1397	1397	SECTION 1.31. Section 286, Texas Probate Code, is amended
1398	1398	to read as follows:
1399	1399	Sec. 286. FAMILY ALLOWANCE TO SURVIVING SPOUSES AND MINORS.
1400	1400	(a) Unless an affidavit is filed under Subsection (b) of this
1401	1401	section, immediately after the inventory, appraisement, and list of
1402	1402	claims have been approved or the affidavit in lieu of the inventory,
1403	1403	appraisement, and list of claims has been filed, the court shall fix
1404	1404	a family allowance for the support of the surviving spouse and minor
1405	1405	children of the deceased.
1406	1406	(b) Before the approval of the inventory, appraisement, and
1407	1407	list of claims or, if applicable, before the filing of the affidavit
1408	1408	in lieu of the inventory, appraisement, and list of claims, a
1409	1409	surviving spouse or any person who is authorized to act on behalf of
1410	1410	minor children of the deceased may apply to the court to have the
1411	1411	court fix the family allowance by filing an application and a
1412	1412	verified affidavit describing the amount necessary for the
1413	1413	maintenance of the surviving spouse and minor children for one year
1414	1414	after the date of the death of the decedent and describing the
1415	1415	spouse's separate property and any property that minor children
1416	1416	have in their own right. The applicant bears the burden of proof by
1417	1417	a preponderance of the evidence at any hearing on the application.
1418	1418	The court shall fix a family allowance for the support of the
1419	1419	surviving spouse and minor children of the deceased.
1420	1420	SECTION 1.32. Section 293, Texas Probate Code, is amended
1421	1421	to read as follows:
1422	1422	Sec. 293. SALE TO RAISE FUNDS FOR FAMILY ALLOWANCE. If
1423	1423	there be no personal property of the deceased that the surviving
1424	1424	spouse or guardian is willing to take for such allowance, or not a
1425	1425	sufficiency of them, and if there be no funds or not sufficient
1426	1426	funds in the hands of such executor or administrator to pay such
1427	1427	allowance, or any part thereof, then the court, as soon as the
1428	1428	inventory, appraisement, and list of claims are returned and
1429	1429	approved or, if applicable, the affidavit in lieu of the inventory,
1430	1430	appraisement, and list of claims is filed, shall order a sale of so
1431	1431	much of the estate for cash as will be sufficient to raise the
1432	1432	amount of such allowance, or a part thereof, as the case requires.
1433	1433	SECTION 1.33. The heading to Section 322, Texas Probate
1434	1434	Code, is amended to read as follows:
1435	1435	Sec. 322. CLASSIFICATION OF CLAIMS AGAINST ESTATE [ESTATES]
1436	1436	OF DECEDENT.
1437	1437	SECTION 1.34. Section 385(a), Texas Probate Code, is
1438	1438	amended to read as follows:
1439	1439	(a) Application for Partition. When a husband or wife shall
1440	1440	die leaving any community property, the survivor may, at any time
1441	1441	after letters testamentary or of administration have been granted,
1442	1442	and an inventory, appraisement, and list of the claims of the estate
1443	1443	have been returned or an affidavit in lieu of the inventory,
1444	1444	appraisement, and list of claims has been filed, make application
1445	1445	in writing to the court which granted such letters for a partition
1446	1446	of such community property.
1447	1447	SECTION 1.35. Section 436, Texas Probate Code, is amended
1448	1448	by adding Subdivision (2-a) and amending Subdivisions (7) and (11)
1449	1449	to read as follows:
1450	1450	(2-a) "Charitable organization" means any
1451	1451	corporation, community chest, fund, or foundation that is exempt
1452	1452	from federal income tax under Section 501(a) of the Internal
1453	1453	Revenue Code of 1986 by being listed as an exempt organization in
1454	1454	Section 501(c)(3) of that code.
1455	1455	(7) "Party" means a person who, by the terms of the
1456	1456	account, has a present right, subject to request, to payment from a
1457	1457	multiple-party account. A P.O.D. payee, including a charitable
1458	1458	organization, or beneficiary of a trust account is a party only
1459	1459	after the account becomes payable to the P.O.D payee or beneficiary
1460	1460	[him] by reason of the P.O.D payee or beneficiary [his] surviving
1461	1461	the original payee or trustee. Unless the context otherwise
1462	1462	requires, it includes a guardian, personal representative, or
1463	1463	assignee, including an attaching creditor, of a party. It also
1464	1464	includes a person identified as a trustee of an account for another
1465	1465	whether or not a beneficiary is named, but it does not include a
1466	1466	named beneficiary unless the beneficiary has a present right of
1467	1467	withdrawal.
1468	1468	(11) "P.O.D. payee" means a person or charitable
1469	1469	organization designated on a P.O.D. account as one to whom the
1470	1470	account is payable on request after the death of one or more
1471	1471	persons.
1472	1472	SECTION 1.36. Section 439(a), Texas Probate Code, is
1473	1473	amended to read as follows:
1474	1474	(a) Sums remaining on deposit at the death of a party to a
1475	1475	joint account belong to the surviving party or parties against the
1476	1476	estate of the decedent if, by a written agreement signed by the
1477	1477	party who dies, the interest of such deceased party is made to
1478	1478	survive to the surviving party or parties. Notwithstanding any
1479	1479	other law, an agreement is sufficient to confer an absolute right of
1480	1480	survivorship on parties to a joint account under this subsection if
1481	1481	the agreement states in substantially the following form: "On the
1482	1482	death of one party to a joint account, all sums in the account on the
1483	1483	date of the death vest in and belong to the surviving party as his or
1484	1484	her separate property and estate." A survivorship agreement will
1485	1485	not be inferred from the mere fact that the account is a joint
1486	1486	account or that the account is designated as JT TEN, Joint Tenancy,
1487	1487	or joint, or with other similar language. If there are two or more
1488	1488	surviving parties, their respective ownerships during lifetime
1489	1489	shall be in proportion to their previous ownership interests under
1490	1490	Section 438 of this code augmented by an equal share for each
1491	1491	survivor of any interest the decedent may have owned in the account
1492	1492	immediately before his death, and the right of survivorship
1493	1493	continues between the surviving parties if a written agreement
1494	1494	signed by a party who dies so provides.
1495	1495	SECTION 1.37. Section 452, Texas Probate Code, is amended
1496	1496	to read as follows:
1497	1497	Sec. 452. FORMALITIES. (a) An agreement between spouses
1498	1498	creating a right of survivorship in community property must be in
1499	1499	writing and signed by both spouses. If an agreement in writing is
1500	1500	signed by both spouses, the agreement shall be sufficient to create
1501	1501	a right of survivorship in the community property described in the
1502	1502	agreement if it includes any of the following phrases:
1503	1503	(1) "with right of survivorship";
1504	1504	(2) "will become the property of the survivor";
1505	1505	(3) "will vest in and belong to the surviving spouse";
1506	1506	or
1507	1507	(4) "shall pass to the surviving spouse."
1508	1508	(b) An agreement that otherwise meets the requirements of
1509	1509	this part, however, shall be effective without including any of
1510	1510	those phrases.
1511	1511	(c) A survivorship agreement will not be inferred from the
1512	1512	mere fact that the account is a joint account or that the account is
1513	1513	designated as JT TEN, Joint Tenancy, or joint, or with other similar
1514	1514	language.
1515	1515	SECTION 1.38. Section 471, Texas Probate Code, is amended
1516	1516	by amending Subdivision (2) and adding Subdivision (2-a) to read as
1517	1517	follows:
1518	1518	(2) "Divorced individual" means an individual whose
1519	1519	marriage has been dissolved, [regardless of] whether by divorce,
1520	1520	[or] annulment, or a declaration that the marriage is void.
1521	1521	(2-a) "Relative" means an individual who is related to
1522	1522	another individual by consanguinity or affinity, as determined
1523	1523	under Sections 573.022 and 573.024, Government Code, respectively.
1524	1524	SECTION 1.39. Sections 472 and 473, Texas Probate Code, are
1525	1525	amended to read as follows:
1526	1526	Sec. 472. REVOCATION OF CERTAIN NONTESTAMENTARY TRANSFERS
1527	1527	ON DISSOLUTION OF MARRIAGE. (a) Except as otherwise provided by a
1528	1528	court order, the express terms of a trust instrument executed by a
1529	1529	divorced individual before the individual's marriage was
1530	1530	dissolved, or an express provision of a contract relating to the
1531	1531	division of the marital estate entered into between a divorced
1532	1532	individual and the individual's former spouse before, during, or
1533	1533	after the marriage, the dissolution of the marriage revokes the
1534	1534	following:
1535	1535	(1) a revocable disposition or appointment of property
1536	1536	made by a divorced individual to the individual's former spouse or
1537	1537	any relative of the former spouse who is not a relative of the
1538	1538	divorced individual in a trust instrument executed before the
1539	1539	dissolution of the marriage;
1540	1540	(2) a provision in a trust instrument executed by a
1541	1541	divorced individual before the dissolution of the marriage that
1542	1542	confers a general or special power of appointment on the
1543	1543	individual's former spouse or any relative of the former spouse who
1544	1544	is not a relative of the divorced individual; and
1545	1545	(3) a nomination in a trust instrument executed by a
1546	1546	divorced individual before the dissolution of the marriage that
1547	1547	nominates the individual's former spouse or any relative of the
1548	1548	former spouse who is not a relative of the divorced individual to
1549	1549	serve in a fiduciary or representative capacity, including as a
1550	1550	personal representative, executor, trustee, conservator, agent, or
1551	1551	guardian.
1552	1552	(b) After the dissolution of a marriage, an interest granted
1553	1553	in a provision of a trust instrument that is revoked under
1554	1554	Subsection (a)(1) or (2) of this section passes as if the former
1555	1555	spouse of the divorced individual who executed the trust instrument
1556	1556	and each relative of the former spouse who is not a relative of the
1557	1557	divorced individual disclaimed the interest granted in the
1558	1558	provision, and an interest granted in a provision of a trust
1559	1559	instrument that is revoked under Subsection (a)(3) of this section
1560	1560	passes as if the former spouse and each relative of the former
1561	1561	spouse who is not a relative of the divorced individual died
1562	1562	immediately before the dissolution of the marriage.
1563	1563	Sec. 473. LIABILITY FOR CERTAIN PAYMENTS, BENEFITS, AND
1564	1564	PROPERTY. (a) A bona fide purchaser of property from a divorced
1565	1565	individual's former spouse or any relative of the former spouse who
1566	1566	is not a relative of the divorced individual or a person who
1567	1567	receives from a divorced individual's former spouse or any relative
1568	1568	of the former spouse who is not a relative of the divorced
1569	1569	individual a payment, benefit, or property in partial or full
1570	1570	satisfaction of an enforceable obligation:
1571	1571	(1) is not required by this chapter to return the
1572	1572	payment, benefit, or property; and
1573	1573	(2) is not liable under this chapter for the amount of
1574	1574	the payment or the value of the property or benefit.
1575	1575	(b) A divorced individual's former spouse or any relative of
1576	1576	the former spouse who is not a relative of the divorced individual
1577	1577	who, not for value, receives a payment, benefit, or property to
1578	1578	which the former spouse or the relative of the former spouse who is
1579	1579	not a relative of the divorced individual is not entitled as a
1580	1580	result of Section 472(a) of this code:
1581	1581	(1) shall return the payment, benefit, or property to
1582	1582	the person who is otherwise entitled to the payment, benefit, or
1583	1583	property as provided by this chapter; or
1584	1584	(2) is personally liable to the person described by
1585	1585	Subdivision (1) of this subsection for the amount of the payment or
1586	1586	the value of the benefit or property received.
1587	1587	SECTION 1.40. Section 25.0022(i), Government Code, is
1588	1588	amended to read as follows:
1589	1589	(i) A judge assigned under this section has the
1590	1590	jurisdiction, powers, and duties given by Sections 4A, 4C, 4D, 4F,
1591	1591	4G, 4H, 5B, 606, 607, and 608, Texas Probate Code, to statutory
1592	1592	probate court judges by general law.
1593	1593	SECTION 1.41. (a) Sections 48(c), 70, and 251(f), Texas
1594	1594	Probate Code, are repealed.
1595	1595	(b) Notwithstanding the transfer of Section 5, Texas
1596	1596	Probate Code, to the Estates Code and redesignation as Section 5 of
1597	1597	that code effective January 1, 2014, by Section 2, Chapter 680 (H.B.
1598	1598	2502), Acts of the 81st Legislature, Regular Session, 2009, Section
1599	1599	5, Texas Probate Code, is repealed.
1600	1600	SECTION 1.42. (a) The changes in law made by Sections 4D,
1601	1601	4H, 6, 8, 48, and 49, Texas Probate Code, as amended by this
1602	1602	article, and Sections 6A, 6B, 6C, 6D, 8A, and 8B, Texas Probate
1603	1603	Code, as added by this article, apply only to an action filed or
1604	1604	other proceeding commenced on or after the effective date of this
1605	1605	Act. An action filed or other proceeding commenced before the
1606	1606	effective date of this Act is governed by the law in effect on the
1607	1607	date the action was filed or the proceeding was commenced, and the
1608	1608	former law is continued in effect for that purpose.
1609	1609	(b) The changes in law made by Section 37A(p), Texas Probate
1610	1610	Code, as added by this article, apply to all disclaimers made after
1611	1611	December 31, 2009, for decedents dying after December 31, 2009, but
1612	1612	before December 17, 2010.
1613	1613	(c) The changes in law made by Sections 64, 67, 84, 128A,
1614	1614	143, 145, 146, 149C, 227, 250, 256, 260, 271, 286, 293, 385, 471,
1615	1615	472, and 473, Texas Probate Code, as amended by this article, and
1616	1616	Sections 145A, 145B, and 145C, Texas Probate Code, as added by this
1617	1617	article, apply only to the estate of a decedent who dies on or after
1618	1618	the effective date of this Act. The estate of a decedent who dies
1619	1619	before the effective date of this Act is governed by the law in
1620	1620	effect on the date of the decedent's death, and the former law is
1621	1621	continued in effect for that purpose.
1622	1622	(d) The changes in law made by this article to Section 59,
1623	1623	Texas Probate Code, apply only to a will executed on or after the
1624	1624	effective date of this Act. A will executed before the effective
1625	1625	date of this Act is governed by the law in effect on the date the
1626	1626	will was executed, and the former law is continued in effect for
1627	1627	that purpose.
1628	1628	(e) The changes in law made by this article to Section 149B,
1629	1629	Texas Probate Code, apply only to a petition for an accounting and
1630	1630	distribution filed on or after the effective date of this Act. A
1631	1631	petition for an accounting and distribution filed before the
1632	1632	effective date of this Act is governed by the law in effect on the
1633	1633	date the petition is filed, and the former law is continued in
1634	1634	effect for that purpose.
1635	1635	(f) The changes in law made by this article to Section 151,
1636	1636	Texas Probate Code, apply only to a closing report or notice of
1637	1637	closing of an estate filed on or after the effective date of this
1638	1638	Act. A closing report or notice of closing of an estate filed
1639	1639	before the effective date of this Act is governed by the law in
1640	1640	effect on the date the closing report or notice is filed, and the
1641	1641	former law is continued in effect for that purpose.
1642	1642	(g) The changes in law made by this article to Sections 436
1643	1643	and 439, Texas Probate Code, apply only to multiple-party accounts
1644	1644	created or existing on or after the effective date of this Act and
1645	1645	are intended to clarify existing law.
1646	1646	(h) The changes in law made by this article to Section 452,
1647	1647	Texas Probate Code, apply only to agreements created or existing on
1648	1648	or after the effective date of this Act, and are intended to
1649	1649	overturn the ruling of the Texas Supreme Court in Holmes v. Beatty,
1650	1650	290 S.W.3d 852 (Tex. 2009).
1651	1651	SECTION 1.43. Section 37A(p), Texas Probate Code, as added
1652	1652	by this article, takes effect immediately if this Act receives a
1653	1653	vote of two-thirds of all the members elected to each house, as
1654	1654	provided by Section 39, Article III, Texas Constitution. If this
1655	1655	Act does not receive the vote necessary for immediate effect,
1656	1656	Section 37A(p), Texas Probate Code, as added by this article, takes
1657	1657	effect September 1, 2011.
1658	1658	ARTICLE 2. CHANGES TO ESTATES CODE
1659	1659	SECTION 2.01. The heading to Subtitle A, Title 2, Estates
1660	1660	Code, as effective January 1, 2014, is amended to read as follows:
1661	1661	SUBTITLE A. SCOPE, JURISDICTION, VENUE, AND COURTS
1662	1662	SECTION 2.02. Section 32.003, Estates Code, as effective
1663	1663	January 1, 2014, is amended by adding Subsection (b-1) and amending
1664	1664	Subsections (e) and (g) to read as follows:
1665	1665	(b-1) If a judge of a county court requests the assignment
1666	1666	of a statutory probate court judge to hear a contested matter in a
1667	1667	probate proceeding on the judge's own motion or on the motion of a
1668	1668	party to the proceeding as provided by this section, the judge may
1669	1669	request that the statutory probate court judge be assigned to the
1670	1670	entire proceeding on the judge's own motion or on the motion of a
1671	1671	party.
1672	1672	(e) A statutory probate court judge assigned to a contested
1673	1673	matter in a probate proceeding or to the entire proceeding under
1674	1674	this section has the jurisdiction and authority granted to a
1675	1675	statutory probate court by this subtitle. A statutory probate
1676	1676	court judge assigned to hear only the contested matter in a probate
1677	1677	proceeding shall, on [On] resolution of the [a contested] matter
1678	1678	[for which a statutory probate court judge is assigned under this
1679	1679	section], including any appeal of the matter, [the statutory
1680	1680	probate court judge shall] return the matter to the county court for
1681	1681	further proceedings not inconsistent with the orders of the
1682	1682	statutory probate court or court of appeals, as applicable. A
1683	1683	statutory probate court judge assigned to the entire probate
1684	1684	proceeding as provided by Subsection (b-1) shall, on resolution of
1685	1685	the contested matter in the proceeding, including any appeal of the
1686	1686	matter, return the entire proceeding to the county court for
1687	1687	further proceedings not inconsistent with the orders of the
1688	1688	statutory probate court or court of appeals, as applicable.
1689	1689	(g) If only the contested matter in a probate proceeding is
1690	1690	assigned to a statutory probate court judge under this section, or
1691	1691	if the contested matter in a probate proceeding is transferred to a
1692	1692	district court under this section, the [The] county court shall
1693	1693	continue to exercise jurisdiction over the management of the
1694	1694	estate, other than a contested matter, until final disposition of
1695	1695	the contested matter is made in accordance with this section. Any
1696	1696	[After a contested matter is transferred to a district court, any]
1697	1697	matter related to a [the] probate proceeding in which a contested
1698	1698	matter is transferred to a district court may be brought in the
1699	1699	district court. The district court in which a matter related to the
1700	1700	[probate] proceeding is filed may, on its own motion or on the
1701	1701	motion of any party, find that the matter is not a contested matter
1702	1702	and transfer the matter to the county court with jurisdiction of the
1703	1703	management of the estate.
1704	1704	SECTION 2.03. Section 32.007, Estates Code, as effective
1705	1705	January 1, 2014, is amended to read as follows:
1706	1706	Sec. 32.007. CONCURRENT JURISDICTION WITH DISTRICT COURT.
1707	1707	A statutory probate court has concurrent jurisdiction with the
1708	1708	district court in:
1709	1709	(1) a personal injury, survival, or wrongful death
1710	1710	action by or against a person in the person's capacity as a personal
1711	1711	representative;
1712	1712	(2) an action by or against a trustee;
1713	1713	(3) an action involving an inter vivos trust,
1714	1714	testamentary trust, or charitable trust, including a charitable
1715	1715	trust as defined by Section 123.001, Property Code;
1716	1716	(4) an action involving a personal representative of
1717	1717	an estate in which each other party aligned with the personal
1718	1718	representative is not an interested person in that estate;
1719	1719	(5) an action against an agent or former agent under a
1720	1720	power of attorney arising out of the agent's performance of the
1721	1721	duties of an agent; and
1722	1722	(6) an action to determine the validity of a power of
1723	1723	attorney or to determine an agent's rights, powers, or duties under
1724	1724	a power of attorney.
1725	1725	SECTION 2.04. Subtitle A, Title 2, Estates Code, as
1726	1726	effective January 1, 2014, is amended by adding Chapter 33 to read
1727	1727	as follows:
1728	1728	CHAPTER 33. VENUE
1729	1729	SUBCHAPTER A. VENUE FOR CERTAIN PROCEEDINGS
1730	1730	Sec. 33.001. PROBATE OF WILLS AND GRANTING OF LETTERS
1731	1731	TESTAMENTARY AND OF ADMINISTRATION. Venue for a probate proceeding
1732	1732	to admit a will to probate or for the granting of letters
1733	1733	testamentary or of administration is:
1734	1734	(1) in the county in which the decedent resided, if the
1735	1735	decedent had a domicile or fixed place of residence in this state;
1736	1736	or
1737	1737	(2) with respect to a decedent who did not have a
1738	1738	domicile or fixed place of residence in this state:
1739	1739	(A) if the decedent died in this state, in the
1740	1740	county in which:
1741	1741	(i) the decedent's principal estate was
1742	1742	located at the time of the decedent's death; or
1743	1743	(ii) the decedent died; or
1744	1744	(B) if the decedent died outside of this state:
1745	1745	(i) in any county in this state in which the
1746	1746	decedent's nearest of kin reside; or
1747	1747	(ii) if there is no next of kin of the
1748	1748	decedent in this state, in the county in which the decedent's
1749	1749	principal estate was located at the time of the decedent's death.
1750	1750	Sec. 33.002. ACTION RELATED TO PROBATE PROCEEDING IN
1751	1751	STATUTORY PROBATE COURT. Except as provided by Section 33.003,
1752	1752	venue for any cause of action related to a probate proceeding
1753	1753	pending in a statutory probate court is proper in the statutory
1754	1754	probate court in which the decedent's estate is pending.
1755	1755	Sec. 33.003. CERTAIN ACTIONS INVOLVING PERSONAL
1756	1756	REPRESENTATIVE. Notwithstanding any other provision of this
1757	1757	chapter, the proper venue for an action by or against a personal
1758	1758	representative for personal injury, death, or property damages is
1759	1759	determined under Section 15.007, Civil Practice and Remedies Code.
1760	1760	Sec. 33.004. HEIRSHIP PROCEEDINGS. (a) Venue for a
1761	1761	proceeding to determine a decedent's heirs is in:
1762	1762	(1) the court of the county in which a proceeding
1763	1763	admitting the decedent's will to probate or administering the
1764	1764	decedent's estate was most recently pending; or
1765	1765	(2) the court of the county in which venue would be
1766	1766	proper for commencement of an administration of the decedent's
1767	1767	estate under Section 33.001 if:
1768	1768	(A) no will of the decedent has been admitted to
1769	1769	probate in this state and no administration of the decedent's
1770	1770	estate has been granted in this state; or
1771	1771	(B) the proceeding is commenced by the trustee of
1772	1772	a trust holding assets for the benefit of the decedent.
1773	1773	(b) Notwithstanding Subsection (a) and Section 33.001, if
1774	1774	there is no administration pending of the estate of a deceased ward
1775	1775	who died intestate, venue for a proceeding to determine the
1776	1776	deceased ward's heirs is in the probate court in which the
1777	1777	guardianship proceedings with respect to the ward's estate were
1778	1778	pending on the date of the ward's death. A proceeding described by
1779	1779	this subsection may not be brought as part of the guardianship
1780	1780	proceedings with respect to the ward's estate, but rather must be
1781	1781	filed as a separate cause in which the court may determine the
1782	1782	heirs' respective shares and interests in the estate as provided by
1783	1783	the laws of this state.
1784	1784	Sec. 33.005. CERTAIN ACTIONS INVOLVING BREACH OF FIDUCIARY
1785	1785	DUTY. Notwithstanding any other provision of this chapter, venue
1786	1786	for a proceeding brought by the attorney general alleging breach of
1787	1787	a fiduciary duty by a charitable entity or a fiduciary or managerial
1788	1788	agent of a charitable trust is determined under Section 123.005,
1789	1789	Property Code.
1790	1790	[Sections 33.006-33.050 reserved for expansion]
1791	1791	SUBCHAPTER B. DETERMINATION OF VENUE
1792	1792	Sec. 33.051. COMMENCEMENT OF PROCEEDING. For purposes of
1793	1793	this subchapter, a probate proceeding is considered commenced on
1794	1794	the filing of an application for the proceeding that avers facts
1795	1795	sufficient to confer venue on the court in which the application is
1796	1796	filed.
1797	1797	Sec. 33.052. CONCURRENT VENUE. (a) If applications for
1798	1798	probate proceedings involving the same estate are filed in two or
1799	1799	more courts having concurrent venue, the court in which a
1800	1800	proceeding involving the estate was first commenced has and retains
1801	1801	jurisdiction of the proceeding to the exclusion of the other court
1802	1802	or courts in which a proceeding involving the same estate was
1803	1803	commenced.
1804	1804	(b) The first commenced probate proceeding extends to all of
1805	1805	the decedent's property, including the decedent's estate property.
1806	1806	Sec. 33.053. PROBATE PROCEEDINGS IN MORE THAN ONE COUNTY.
1807	1807	If probate proceedings involving the same estate are commenced in
1808	1808	more than one county, each proceeding commenced in a county other
1809	1809	than the county in which a proceeding was first commenced is stayed
1810	1810	until the court in which the proceeding was first commenced makes a
1811	1811	final determination of venue.
1812	1812	Sec. 33.054. JURISDICTION TO DETERMINE VENUE. (a) Subject
1813	1813	to Sections 33.052 and 33.053, a court in which an application for a
1814	1814	probate proceeding is filed has jurisdiction to determine venue for
1815	1815	the proceeding and for any matter related to the proceeding.
1816	1816	(b) A court's determination under this section is not
1817	1817	subject to collateral attack.
1818	1818	Sec. 33.055. PROTECTION FOR CERTAIN PURCHASERS.
1819	1819	Notwithstanding Section 33.052, a bona fide purchaser of real
1820	1820	property who relied on a probate proceeding that was not the first
1821	1821	commenced proceeding, without knowledge that the proceeding was not
1822	1822	the first commenced proceeding, shall be protected with respect to
1823	1823	the purchase unless before the purchase an order rendered in the
1824	1824	first commenced proceeding admitting the decedent's will to
1825	1825	probate, determining the decedent's heirs, or granting
1826	1826	administration of the decedent's estate was recorded in the office
1827	1827	of the county clerk of the county in which the purchased property is
1828	1828	located.
1829	1829	[Sections 33.056-33.100 reserved for expansion]
1830	1830	SUBCHAPTER C. TRANSFER OF PROBATE PROCEEDING
1831	1831	Sec. 33.101. TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
1832	1832	PROPER. If probate proceedings involving the same estate are
1833	1833	commenced in more than one county and the court making a
1834	1834	determination of venue as provided by Section 33.053 determines
1835	1835	that venue is proper in another county, the court clerk shall make
1836	1836	and retain a copy of the entire file in the case and transmit the
1837	1837	original file to the court in the county in which venue is proper.
1838	1838	The court to which the file is transmitted shall conduct the
1839	1839	proceeding in the same manner as if the proceeding had originally
1840	1840	been commenced in that county.
1841	1841	Sec. 33.102. TRANSFER FOR WANT OF VENUE. (a) If it appears
1842	1842	to the court at any time before the final order in a probate
1843	1843	proceeding is rendered that the court does not have priority of
1844	1844	venue over the proceeding, the court shall, on the application of an
1845	1845	interested person, transfer the proceeding to the proper county by
1846	1846	transmitting to the proper court in that county:
1847	1847	(1) the original file in the case; and
1848	1848	(2) certified copies of all entries that have been
1849	1849	made in the judge's probate docket in the proceeding.
1850	1850	(b) The court of the county to which a probate proceeding is
1851	1851	transferred under Subsection (a) shall complete the proceeding in
1852	1852	the same manner as if the proceeding had originally been commenced
1853	1853	in that county.
1854	1854	(c) If the question as to priority of venue is not raised
1855	1855	before a final order in a probate proceeding is announced, the
1856	1856	finality of the order is not affected by any error in venue.
1857	1857	Sec. 33.103. TRANSFER FOR CONVENIENCE. (a) The court may
1858	1858	order that a probate proceeding be transferred to the proper court
1859	1859	in another county in this state if it appears to the court at any
1860	1860	time before the proceeding is concluded that the transfer would be
1861	1861	in the best interest of:
1862	1862	(1) the estate; or
1863	1863	(2) if there is no administration of the estate, the
1864	1864	decedent's heirs or beneficiaries under the decedent's will.
1865	1865	(b) The clerk of the court from which the probate proceeding
1866	1866	described by Subsection (a) is transferred shall transmit to the
1867	1867	court to which the proceeding is transferred:
1868	1868	(1) the original file in the proceeding; and
1869	1869	(2) a certified copy of the index.
1870	1870	Sec. 33.104. VALIDATION OF PREVIOUS PROCEEDINGS. All
1871	1871	orders entered in connection with a probate proceeding that is
1872	1872	transferred to another county under a provision of this subchapter
1873	1873	are valid and shall be recognized in the court to which the
1874	1874	proceeding is transferred if the orders were made and entered in
1875	1875	conformance with the procedure prescribed by this code.
1876	1876	SECTION 2.05. Section 52.052(b), Estates Code, as effective
1877	1877	January 1, 2014, is amended to read as follows:
1878	1878	(b) Each case file must contain each order, judgment, and
1879	1879	proceeding of the court and any other probate filing with the court,
1880	1880	including each:
1881	1881	(1) application for the probate of a will;
1882	1882	(2) application for the granting of administration;
1883	1883	(3) citation and notice, whether published or posted,
1884	1884	including the return on the citation or notice;
1885	1885	(4) will and the testimony on which the will is
1886	1886	admitted to probate;
1887	1887	(5) bond and official oath;
1888	1888	(6) inventory, appraisement, and list of claims;
1889	1889	(6-a) affidavit in lieu of the inventory,
1890	1890	appraisement, and list of claims;
1891	1891	(7) exhibit and account;
1892	1892	(8) report of renting;
1893	1893	(9) application for sale or partition of real estate;
1894	1894	(10) report of sale;
1895	1895	(11) report of the commissioners of partition;
1896	1896	(12) application for authority to execute a lease for
1897	1897	mineral development, or for pooling or unitization of lands,
1898	1898	royalty, or other interest in minerals, or to lend or invest money;
1899	1899	and
1900	1900	(13) report of lending or investing money.
1901	1901	SECTION 2.06. Section 112.052, Estates Code, as effective
1902	1902	January 1, 2014, is amended by adding Subsection (d) to read as
1903	1903	follows:
1904	1904	(d) A survivorship agreement may not be inferred from the
1905	1905	mere fact that an account is a joint account or that an account is
1906	1906	designated as JT TEN, Joint Tenancy, or joint, or with other similar
1907	1907	language.
1908	1908	SECTION 2.07. Section 113.001, Estates Code, as effective
1909	1909	January 1, 2014, is amended by adding Subdivision (2-a) and
1910	1910	amending Subdivision (5) to read as follows:
1911	1911	(2-a) "Charitable organization" means any
1912	1912	corporation, community chest, fund, or foundation that is exempt
1913	1913	from federal income tax under Section 501(a) of the Internal
1914	1914	Revenue Code of 1986 by being listed as an exempt organization in
1915	1915	Section 501(c)(3) of that code.
1916	1916	(5) "P.O.D. payee" means a person or charitable
1917	1917	organization designated on a P.O.D. account as a person to whom the
1918	1918	account is payable on request after the death of one or more
1919	1919	persons.
1920	1920	SECTION 2.08. Section 113.002(b), Estates Code, as
1921	1921	effective January 1, 2014, is amended to read as follows:
1922	1922	(b) A P.O.D. payee, including a charitable organization, or
1923	1923	beneficiary of a trust account is a party only after the account
1924	1924	becomes payable to the P.O.D. payee or beneficiary by reason of the
1925	1925	P.O.D. payee or beneficiary surviving the original payee or
1926	1926	trustee.
1927	1927	SECTION 2.09. Section 113.151(c), Estates Code, as
1928	1928	effective January 1, 2014, is amended to read as follows:
1929	1929	(c) A survivorship agreement may not be inferred from the
1930	1930	mere fact that the account is a joint account or that the account is
1931	1931	designated as JT TEN, Joint Tenancy, or joint, or with other similar
1932	1932	language.
1933	1933	SECTION 2.10. Section 122.055(c), Estates Code, as
1934	1934	effective January 1, 2014, is amended to read as follows:
1935	1935	(c) If the beneficiary is a charitable organization or a
1936	1936	governmental agency of the state, a written memorandum of
1937	1937	disclaimer of a present or future interest must be filed not later
1938	1938	than the later of:
1939	1939	(1) the first anniversary of the date the beneficiary
1940	1940	receives the notice required by Subchapter A, Chapter 308; or
1941	1941	(2) the expiration of the six-month period following
1942	1942	the date the personal representative files:
1943	1943	(A) the inventory, appraisement, and list of
1944	1944	claims due or owing to the estate; or
1945	1945	(B) the affidavit in lieu of the inventory,
1946	1946	appraisement, and list of claims.
1947	1947	SECTION 2.11. Section 122.056(b), Estates Code, as
1948	1948	effective January 1, 2014, is amended to read as follows:
1949	1949	(b) If the beneficiary is a charitable organization or a
1950	1950	governmental agency of this state, notice of a disclaimer required
1951	1951	by Subsection (a) must be filed not later than the later of:
1952	1952	(1) the first anniversary of the date the beneficiary
1953	1953	receives the notice required by Subchapter A, Chapter 308; or
1954	1954	(2) the expiration of the six-month period following
1955	1955	the date the personal representative files:
1956	1956	(A) the inventory, appraisement, and list of
1957	1957	claims due or owing to the estate; or
1958	1958	(B) the affidavit in lieu of the inventory,
1959	1959	appraisement, and list of claims.
1960	1960	SECTION 2.12. Subchapter B, Chapter 122, Estates Code, as
1961	1961	effective January 1, 2014, is amended by adding Section 122.057 to
1962	1962	read as follows:
1963	1963	Sec. 122.057. EXTENSION OF TIME FOR CERTAIN DISCLAIMERS.
1964	1964	(a) This section does not apply to a disclaimer made by a
1965	1965	beneficiary that is a charitable organization or governmental
1966	1966	agency of the state.
1967	1967	(b) Notwithstanding the periods prescribed by Sections
1968	1968	122.055 and 122.056, a disclaimer with respect to an interest in
1969	1969	property passing by reason of the death of a decedent dying after
1970	1970	December 31, 2009, but before December 17, 2010, may be executed and
1971	1971	filed, and notice of the disclaimer may be given, not later than
1972	1972	nine months after December 17, 2010.
1973	1973	(c) A disclaimer filed and for which notice is given during
1974	1974	the extended period described by Subsection (b) is valid and shall
1975	1975	be treated as if the disclaimer had been filed and notice had been
1976	1976	given within the periods prescribed by Sections 122.055 and
1977	1977	122.056.
1978	1978	SECTION 2.13. Section 123.051, Estates Code, as effective
1979	1979	January 1, 2014, is amended by amending Subdivision (2) and adding
1980	1980	Subdivision (2-a) to read as follows:
1981	1981	(2) "Divorced individual" means an individual whose
1982	1982	marriage has been dissolved by divorce, [or] annulment, or a
1983	1983	declaration that the marriage is void.
1984	1984	(2-a) "Relative" means an individual who is related to
1985	1985	another individual by consanguinity or affinity, as determined
1986	1986	under Sections 573.022 and 573.024, Government Code, respectively.
1987	1987	SECTION 2.14. Section 123.052(a), Estates Code, as
1988	1988	effective January 1, 2014, is amended to read as follows:
1989	1989	(a) The dissolution of the marriage revokes a provision in a
1990	1990	trust instrument that was executed by a divorced individual before
1991	1991	the divorced individual's marriage was dissolved and that:
1992	1992	(1) is a revocable disposition or appointment of
1993	1993	property made to the divorced individual's former spouse or any
1994	1994	relative of the former spouse who is not a relative of the divorced
1995	1995	individual;
1996	1996	(2) confers a general or special power of appointment
1997	1997	on the divorced individual's former spouse or any relative of the
1998	1998	former spouse who is not a relative of the divorced individual; or
1999	1999	(3) nominates the divorced individual's former spouse
2000	2000	or any relative of the former spouse who is not a relative of the
2001	2001	divorced individual to serve:
2002	2002	(A) as a personal representative, trustee,
2003	2003	conservator, agent, or guardian; or
2004	2004	(B) in another fiduciary or representative
2005	2005	capacity.
2006	2006	SECTION 2.15. Section 123.053, Estates Code, as effective
2007	2007	January 1, 2014, is amended to read as follows:
2008	2008	Sec. 123.053. EFFECT OF REVOCATION. (a) An interest
2009	2009	granted in a provision of a trust instrument that is revoked under
2010	2010	Section 123.052(a)(1) or (2) passes as if the former spouse of the
2011	2011	divorced individual who executed the trust instrument and each
2012	2012	relative of the former spouse who is not a relative of the divorced
2013	2013	individual disclaimed the interest granted in the provision.
2014	2014	(b) An interest granted in a provision of a trust instrument
2015	2015	that is revoked under Section 123.052(a)(3) passes as if the former
2016	2016	spouse and each relative of the former spouse who is not a relative
2017	2017	of the divorced individual died immediately before the dissolution
2018	2018	of the marriage.
2019	2019	SECTION 2.16. Section 123.054, Estates Code, as effective
2020	2020	January 1, 2014, is amended to read as follows:
2021	2021	Sec. 123.054. LIABILITY OF CERTAIN PURCHASERS OR RECIPIENTS
2022	2022	OF CERTAIN PAYMENTS, BENEFITS, OR PROPERTY. A bona fide purchaser
2023	2023	of property from a divorced individual's former spouse or any
2024	2024	relative of the former spouse who is not a relative of the divorced
2025	2025	individual or a person who receives from the former spouse or any
2026	2026	relative of the former spouse who is not a relative of the divorced
2027	2027	individual a payment, benefit, or property in partial or full
2028	2028	satisfaction of an enforceable obligation:
2029	2029	(1) is not required by this subchapter to return the
2030	2030	payment, benefit, or property; and
2031	2031	(2) is not liable under this subchapter for the amount
2032	2032	of the payment or the value of the property or benefit.
2033	2033	SECTION 2.17. Section 123.055, Estates Code, as effective
2034	2034	January 1, 2014, is amended to read as follows:
2035	2035	Sec. 123.055. LIABILITY OF FORMER SPOUSE FOR CERTAIN
2036	2036	PAYMENTS, BENEFITS, OR PROPERTY. A divorced individual's former
2037	2037	spouse or any relative of the former spouse who is not a relative of
2038	2038	the divorced individual who, not for value, receives a payment,
2039	2039	benefit, or property to which the former spouse or the relative of
2040	2040	the former spouse who is not a relative of the divorced individual
2041	2041	is not entitled as a result of Sections 123.052(a) and (b):
2042	2042	(1) shall return the payment, benefit, or property to
2043	2043	the person who is entitled to the payment, benefit, or property
2044	2044	under this subchapter; or
2045	2045	(2) is personally liable to the person described by
2046	2046	Subdivision (1) for the amount of the payment or the value of the
2047	2047	benefit or property received, as applicable.
2048	2048	SECTION 2.18. Section 202.001, Estates Code, as effective
2049	2049	January 1, 2014, is amended to read as follows:
2050	2050	Sec. 202.001. GENERAL AUTHORIZATION FOR AND NATURE OF
2051	2051	PROCEEDING TO DECLARE HEIRSHIP. In the manner provided by this
2052	2052	chapter, a court may determine through a proceeding to declare
2053	2053	heirship:
2054	2054	(1) the persons who are a decedent's heirs and only
2055	2055	heirs; and
2056	2056	(2) the heirs' respective shares and interests under
2057	2057	the laws of this state in the decedent's estate or, if applicable,
2058	2058	in the trust.
2059	2059	SECTION 2.19. Section 202.002, Estates Code, as effective
2060	2060	January 1, 2014, is amended to read as follows:
2061	2061	Sec. 202.002. CIRCUMSTANCES UNDER WHICH PROCEEDING TO
2062	2062	DECLARE HEIRSHIP IS AUTHORIZED. A court may conduct a proceeding to
2063	2063	declare heirship when:
2064	2064	(1) a person dies intestate owning or entitled to
2065	2065	property in this state and there has been no administration in this
2066	2066	state of the person's estate; [or]
2067	2067	(2) there has been a will probated in this state or
2068	2068	elsewhere or an administration in this state of a [the] decedent's
2069	2069	estate, but:
2070	2070	(A) property in this state was omitted from the
2071	2071	will or administration; or
2072	2072	(B) no final disposition of property in this
2073	2073	state has been made in the administration; or
2074	2074	(3) it is necessary for the trustee of a trust holding
2075	2075	assets for the benefit of a decedent to determine the heirs of the
2076	2076	decedent.
2077	2077	SECTION 2.20. Section 202.004, Estates Code, as effective
2078	2078	January 1, 2014, is amended to read as follows:
2079	2079	Sec. 202.004. PERSONS WHO MAY COMMENCE PROCEEDING TO
2080	2080	DECLARE HEIRSHIP. A proceeding to declare heirship of a decedent
2081	2081	may be commenced and maintained under a circumstance specified by
2082	2082	Section 202.002 by:
2083	2083	(1) the personal representative of the decedent's
2084	2084	estate;
2085	2085	(2) a person claiming to be a secured creditor or the
2086	2086	owner of all or part of the decedent's estate; [or]
2087	2087	(3) if the decedent was a ward with respect to whom a
2088	2088	guardian of the estate had been appointed, the guardian of the
2089	2089	estate, provided that the proceeding is commenced and maintained in
2090	2090	the probate court in which the proceedings for the guardianship of
2091	2091	the estate were pending at the time of the decedent's death;
2092	2092	(4) a party seeking the appointment of an independent
2093	2093	administrator under Section 401.003; or
2094	2094	(5) the trustee of a trust holding assets for the
2095	2095	benefit of a decedent.
2096	2096	SECTION 2.21. Section 202.005, Estates Code, as effective
2097	2097	January 1, 2014, is amended to read as follows:
2098	2098	Sec. 202.005. APPLICATION FOR PROCEEDING TO DECLARE
2099	2099	HEIRSHIP. A person authorized by Section 202.004 to commence a
2100	2100	proceeding to declare heirship must file an application in a court
2101	2101	specified by Section 33.004 [202.003] to commence the proceeding.
2102	2102	The application must state:
2103	2103	(1) the decedent's name and time and place of death;
2104	2104	(2) the names and residences of the decedent's heirs,
2105	2105	the relationship of each heir to the decedent, and the true interest
2106	2106	of the applicant and each of the heirs in the decedent's estate or
2107	2107	in the trust, as applicable;
2108	2108	(3) if the time or place of the decedent's death or the
2109	2109	name or residence of an heir is not definitely known to the
2110	2110	applicant, all the material facts and circumstances with respect to
2111	2111	which the applicant has knowledge and information that might
2112	2112	reasonably tend to show the time or place of the decedent's death or
2113	2113	the name or residence of the heir;
2114	2114	(4) that all children born to or adopted by the
2115	2115	decedent have been listed;
2116	2116	(5) that each of the decedent's marriages has been
2117	2117	listed with:
2118	2118	(A) the date of the marriage;
2119	2119	(B) the name of the spouse;
2120	2120	(C) the date and place of termination if the
2121	2121	marriage was terminated; and
2122	2122	(D) other facts to show whether a spouse has had
2123	2123	an interest in the decedent's property;
2124	2124	(6) whether the decedent died testate and, if so, what
2125	2125	disposition has been made of the will;
2126	2126	(7) a general description of all property belonging to
2127	2127	the decedent's estate or held in trust for the benefit of the
2128	2128	decedent, as applicable; and
2129	2129	(8) an explanation for the omission from the
2130	2130	application of any of the information required by this section.
2131	2131	SECTION 2.22. Section 251.101, Estates Code, as effective
2132	2132	January 1, 2014, is amended to read as follows:
2133	2133	Sec. 251.101. SELF-PROVED WILL. A self-proved will is a
2134	2134	will:
2135	2135	(1) to which a self-proving affidavit subscribed and
2136	2136	sworn to by the testator and witnesses is attached or annexed; or
2137	2137	(2) that is simultaneously executed, attested, and
2138	2138	made self-proved as provided by Section 251.1045 [is a self-proved
2139	2139	will].
2140	2140	SECTION 2.23. Section 251.102(a), Estates Code, as
2141	2141	effective January 1, 2014, is amended to read as follows:
2142	2142	(a) A self-proved will may be admitted to probate without
2143	2143	the testimony of any subscribing witnesses if:
2144	2144	(1) the testator and witnesses execute a self-proving
2145	2145	affidavit; or
2146	2146	(2) the will is simultaneously executed, attested, and
2147	2147	made self-proved as provided by Section 251.1045.
2148	2148	SECTION 2.24. Section 251.104(b), Estates Code, as
2149	2149	effective January 1, 2014, is amended to read as follows:
2150	2150	(b) A self-proving affidavit must be made by the testator
2151	2151	and by the attesting witnesses before an officer authorized to
2152	2152	administer oaths [under the laws of this state]. The officer shall
2153	2153	affix the officer's official seal to the self-proving affidavit.
2154	2154	SECTION 2.25. Subchapter C, Chapter 251, Estates Code, as
2155	2155	effective January 1, 2014, is amended by adding Section 251.1045 to
2156	2156	read as follows:
2157	2157	Sec. 251.1045. SIMULTANEOUS EXECUTION, ATTESTATION, AND
2158	2158	SELF-PROVING. (a) As an alternative to the self-proving of a will
2159	2159	by the affidavits of the testator and the attesting witnesses as
2160	2160	provided by Section 251.104, a will may be simultaneously executed,
2161	2161	attested, and made self-proved before an officer authorized to
2162	2162	administer oaths, and the testimony of the witnesses in the probate
2163	2163	of the will may be made unnecessary, with the inclusion in the will
2164	2164	of the following in form and contents substantially as follows:
2165	2165	I, ______________________, as testator, after being duly
2166	2166	sworn, declare to the undersigned witnesses and to the undersigned
2167	2167	authority that this instrument is my will, that I have willingly
2168	2168	made and executed it in the presence of the undersigned witnesses,
2169	2169	all of whom were present at the same time, as my free act and deed,
2170	2170	and that I have requested each of the undersigned witnesses to sign
2171	2171	this will in my presence and in the presence of each other. I now
2172	2172	sign this will in the presence of the attesting witnesses and the
2173	2173	undersigned authority on this ______ day of __________,
2174	2174	20________________.
2175	2175	____________________________________
2176	2176	Testator
2177	2177	The undersigned, __________ and __________, each being at
2178	2178	least fourteen years of age, after being duly sworn, declare to the
2179	2179	testator and to the undersigned authority that the testator
2180	2180	declared to us that this instrument is the testator's will and that
2181	2181	the testator requested us to act as witnesses to the testator's will
2182	2182	and signature. The testator then signed this will in our presence,
2183	2183	all of us being present at the same time. The testator is eighteen
2184	2184	years of age or over (or being under such age, is or has been
2185	2185	lawfully married, or is a member of the armed forces of the United
2186	2186	States or of an auxiliary of the armed forces of the United States
2187	2187	or of the United States Maritime Service), and we believe the
2188	2188	testator to be of sound mind. We now sign our names as attesting
2189	2189	witnesses in the presence of the testator, each other, and the
2190	2190	undersigned authority on this __________ day of __________,
2191	2191	20______________.
2192	2192	___________________________
2193	2193	Witness
2194	2194	___________________________
2195	2195	Witness
2196	2196	Subscribed and sworn to before me by the said _________,
2197	2197	testator, and by the said _____________ and ______________,
2198	2198	witnesses, this _____ day of __________, 20____________.
2199	2199	(SEAL)
2200	2200	(Signed)___________________
2201	2201	(Official Capacity of Officer)
2202	2202	(b) A will that is in substantial compliance with the form
2203	2203	provided by Subsection (a) is sufficient to self-prove a will.
2204	2204	SECTION 2.26. Chapter 254, Estates Code, as effective
2205	2205	January 1, 2014, is amended by adding Section 254.005 to read as
2206	2206	follows:
2207	2207	Sec. 254.005. FORFEITURE CLAUSE. A provision in a will that
2208	2208	would cause a forfeiture of or void a devise or provision in favor
2209	2209	of a person for bringing any court action, including contesting a
2210	2210	will, is unenforceable if:
2211	2211	(1) just cause existed for bringing the action; and
2212	2212	(2) the action was brought and maintained in good
2213	2213	faith.
2214	2214	SECTION 2.27. Section 255.053(a), Estates Code, as
2215	2215	effective January 1, 2014, is amended to read as follows:
2216	2216	(a) If no provision is made in the testator's last will for
2217	2217	any child of the testator who is living when the testator executes
2218	2218	the will, a pretermitted child succeeds to the portion of the
2219	2219	testator's separate and community estate, other than any portion of
2220	2220	the estate devised to the pretermitted child's other parent, to
2221	2221	which the pretermitted child would have been entitled under Section
2222	2222	201.001 if the testator had died intestate without a surviving
2223	2223	spouse, except as limited by Section 255.056.
2224	2224	SECTION 2.28. Section 255.054, Estates Code, as effective
2225	2225	January 1, 2014, is amended to read as follows:
2226	2226	Sec. 255.054. SUCCESSION BY PRETERMITTED CHILD IF TESTATOR
2227	2227	HAS NO LIVING CHILD AT WILL'S EXECUTION. If a testator has no child
2228	2228	living when the testator executes the testator's last will, a
2229	2229	pretermitted child succeeds to the portion of the testator's
2230	2230	separate and community estate, other than any portion of the estate
2231	2231	devised to the pretermitted child's other parent, to which the
2232	2232	pretermitted child would have been entitled under Section 201.001
2233	2233	if the testator had died intestate without a surviving spouse,
2234	2234	except as limited by Section 255.056.
2235	2235	SECTION 2.29. Subchapter B, Chapter 255, Estates Code, as
2236	2236	effective January 1, 2014, is amended by adding Section 255.056 to
2237	2237	read as follows:
2238	2238	Sec. 255.056. LIMITATION ON REDUCTION OF ESTATE PASSING TO
2239	2239	SURVIVING SPOUSE. If a pretermitted child's other parent is not the
2240	2240	surviving spouse of the testator, the portion of the testator's
2241	2241	estate to which the pretermitted child is entitled under Section
2242	2242	255.053(a) or 255.054 may not reduce the portion of the testator's
2243	2243	estate passing to the testator's surviving spouse by more than
2244	2244	one-half.
2245	2245	SECTION 2.30. (a) Section 256.052(a), Estates Code, as
2246	2246	effective January 1, 2014, is amended to read as follows:
2247	2247	(a) An application for the probate of a written will must
2248	2248	state and aver the following to the extent each is known to the
2249	2249	applicant or can, with reasonable diligence, be ascertained by the
2250	2250	applicant:
2251	2251	(1) each applicant's name and domicile;
2252	2252	(2) the testator's name, domicile, and, if known, age,
2253	2253	on the date of the testator's death;
2254	2254	(3) the fact, time, and place of the testator's death;
2255	2255	(4) facts showing that the court with which the
2256	2256	application is filed has venue;
2257	2257	(5) that the testator owned property, including a
2258	2258	statement generally describing the property and the property's
2259	2259	probable value;
2260	2260	(6) the date of the will;
2261	2261	(7) the name and residence of:
2262	2262	(A) any executor named in the will or, if no
2263	2263	executor is named, of the person to whom the applicant desires that
2264	2264	letters be issued; and
2265	2265	(B) each subscribing witness to the will, if any;
2266	2266	(8) whether one or more children born to or adopted by
2267	2267	the testator after the testator executed the will survived the
2268	2268	testator and, if so, the name of each of those children;
2269	2269	(9) whether a marriage of the testator was ever
2270	2270	dissolved after the will was made [divorced] and, if so, when and
2271	2271	from whom;
2272	2272	(10) whether the state, a governmental agency of the
2273	2273	state, or a charitable organization is named in the will as a
2274	2274	devisee; and
2275	2275	(11) that the executor named in the will, the
2276	2276	applicant, or another person to whom the applicant desires that
2277	2277	letters be issued is not disqualified by law from accepting the
2278	2278	letters.
2279	2279	(b) If the amendment to Section 256.052(a), Estates Code,
2280	2280	made by this section conflicts with an amendment to Section
2281	2281	256.052(a), Estates Code, made by another Act of the 82nd
2282	2282	Legislature, Regular Session, 2011, relating to nonsubstantive
2283	2283	additions to and corrections in enacted codes, the amendment made
2284	2284	by this section controls, and the amendment made by the other Act
2285	2285	has no effect.
2286	2286	SECTION 2.31. Section 256.152, Estates Code, as effective
2287	2287	January 1, 2014, is amended to read as follows:
2288	2288	Sec. 256.152. ADDITIONAL PROOF REQUIRED FOR PROBATE OF
2289	2289	WILL. (a) An applicant for the probate of a will must prove the
2290	2290	following to the court's satisfaction, in addition to the proof
2291	2291	required by Section 256.151, to obtain the probate:
2292	2292	(1) the testator did not revoke the will; and
2293	2293	(2) if the will is not self-proved [as provided by this
2294	2294	title], the testator:
2295	2295	(A) executed the will with the formalities and
2296	2296	solemnities and under the circumstances required by law to make the
2297	2297	will valid; and
2298	2298	(B) at the time of executing the will, was of
2299	2299	sound mind and:
2300	2300	(i) was 18 years of age or older;
2301	2301	(ii) was or had been married; or
2302	2302	(iii) was a member of the armed forces of
2303	2303	the United States, an auxiliary of the armed forces of the United
2304	2304	States, or the United States Maritime Service.
2305	2305	(b) A will that is self-proved as provided by Subchapter C,
2306	2306	Chapter 251, or, if executed in another state or a foreign country,
2307	2307	is self-proved in accordance with the laws of the state or foreign
2308	2308	country of the testator's domicile at the time of the execution
2309	2309	[this title] is not required to have any additional proof that the
2310	2310	will was executed with the formalities and solemnities and under
2311	2311	the circumstances required to make the will valid.
2312	2312	(c) For purposes of Subsection (b), a will is considered
2313	2313	self-proved if the will, or an affidavit of the testator and
2314	2314	attesting witnesses attached or annexed to the will, provides that:
2315	2315	(1) the testator declared that the testator signed the
2316	2316	instrument as the testator's will, the testator signed it willingly
2317	2317	or willingly directed another to sign for the testator, the
2318	2318	testator executed the will as the testator's free and voluntary act
2319	2319	for the purposes expressed in the instrument, the testator is of
2320	2320	sound mind and under no constraint or undue influence, and the
2321	2321	testator is eighteen years of age or over, or if under that age, was
2322	2322	or had been lawfully married, or was then a member of the armed
2323	2323	forces of the United States, an auxiliary of the armed forces of the
2324	2324	United States, or the United States Maritime Service; and
2325	2325	(2) the witnesses declared that the testator signed
2326	2326	the instrument as the testator's will, the testator signed it
2327	2327	willingly or willingly directed another to sign for the testator,
2328	2328	each of the witnesses, in the presence and hearing of the testator,
2329	2329	signed the will as witness to the testator's signing, and to the
2330	2330	best of their knowledge the testator was of sound mind and under no
2331	2331	constraint or undue influence, and the testator was eighteen years
2332	2332	of age or over, or if under that age, was or had been lawfully
2333	2333	married, or was then a member of the armed forces of the United
2334	2334	States, an auxiliary of the armed forces of the United States, or
2335	2335	the United States Maritime Service.
2336	2336	SECTION 2.32. (a) Section 257.051(a), Estates Code, as
2337	2337	effective January 1, 2014, is amended to read as follows:
2338	2338	(a) An application for the probate of a will as a muniment of
2339	2339	title must state and aver the following to the extent each is known
2340	2340	to the applicant or can, with reasonable diligence, be ascertained
2341	2341	by the applicant:
2342	2342	(1) each applicant's name and domicile;
2343	2343	(2) the testator's name, domicile, and, if known, age,
2344	2344	on the date of the testator's death;
2345	2345	(3) the fact, time, and place of the testator's death;
2346	2346	(4) facts showing that the court with which the
2347	2347	application is filed has venue;
2348	2348	(5) that the testator owned property, including a
2349	2349	statement generally describing the property and the property's
2350	2350	probable value;
2351	2351	(6) the date of the will;
2352	2352	(7) the name and residence of:
2353	2353	(A) any executor named in the will; and
2354	2354	(B) each subscribing witness to the will, if any;
2355	2355	(8) whether one or more children born to or adopted by
2356	2356	the testator after the testator executed the will survived the
2357	2357	testator and, if so, the name of each of those children;
2358	2358	(9) that the testator's estate does not owe an unpaid
2359	2359	debt, other than any debt secured by a lien on real estate;
2360	2360	(10) whether a marriage of the testator was ever
2361	2361	dissolved after the will was made [divorced] and, if so, when and
2362	2362	from whom; and
2363	2363	(11) whether the state, a governmental agency of the
2364	2364	state, or a charitable organization is named in the will as a
2365	2365	devisee.
2366	2366	(b) If the amendment to Section 257.051(a), Estates Code,
2367	2367	made by this section conflicts with an amendment to Section
2368	2368	257.051(a), Estates Code, made by another Act of the 82nd
2369	2369	Legislature, Regular Session, 2011, relating to nonsubstantive
2370	2370	additions to and corrections in enacted codes, the amendment made
2371	2371	by this section controls, and the amendment made by the other Act
2372	2372	has no effect.
2373	2373	SECTION 2.33. Section 308.001, Estates Code, as effective
2374	2374	January 1, 2014, is amended to read as follows:
2375	2375	Sec. 308.001. DEFINITION. In this subchapter,
2376	2376	"beneficiary" means a person, entity, state, governmental agency of
2377	2377	the state, charitable organization, or trustee of a trust entitled
2378	2378	to receive property under the terms of a decedent's will, to be
2379	2379	determined for purposes of this subchapter with the assumption that
2380	2380	each person who is alive on the date of the decedent's death
2381	2381	survives any period required to receive the bequest as specified by
2382	2382	the terms of the will. The term does not include a person, entity,
2383	2383	state, governmental agency of the state, charitable organization,
2384	2384	or trustee of a trust that would be entitled to receive property
2385	2385	under the terms of a decedent's will on the occurrence of a
2386	2386	contingency that has not occurred as of the date of the decedent's
2387	2387	death.
2388	2388	SECTION 2.34. Subchapter A, Chapter 308, Estates Code, as
2389	2389	effective January 1, 2014, is amended by adding Section 308.0015 to
2390	2390	read as follows:
2391	2391	Sec. 308.0015. APPLICATION. This subchapter does not apply
2392	2392	to the probate of a will as a muniment of title.
2393	2393	SECTION 2.35. Section 308.002, Estates Code, as effective
2394	2394	January 1, 2014, is amended by amending Subsections (b) and (c) and
2395	2395	adding Subsection (b-1) to read as follows:
2396	2396	(b) Notwithstanding the requirement under Subsection (a)
2397	2397	that the personal representative give the notice to the
2398	2398	beneficiary, the representative shall give the notice with respect
2399	2399	to a beneficiary described by this subsection as follows:
2400	2400	(1) if the beneficiary is a trustee of a trust, to the
2401	2401	trustee, unless the representative is the trustee, in which case
2402	2402	the representative shall, except as provided by Subsection (b-1),
2403	2403	give the notice to the person or class of persons first eligible to
2404	2404	receive the trust income, to be determined for purposes of this
2405	2405	subdivision as if the trust were in existence on the date of the
2406	2406	decedent's death;
2407	2407	(2) if the beneficiary has a court-appointed guardian
2408	2408	or conservator, to that guardian or conservator;
2409	2409	(3) if the beneficiary is a minor for whom no guardian
2410	2410	or conservator has been appointed, to a parent of the minor; and
2411	2411	(4) if the beneficiary is a charity that for any reason
2412	2412	cannot be notified, to the attorney general.
2413	2413	(b-1) The personal representative is not required to give
2414	2414	the notice otherwise required by Subsection (b)(1) to a person
2415	2415	eligible to receive trust income at the sole discretion of the
2416	2416	trustee of a trust if:
2417	2417	(1) the representative has given the notice to an
2418	2418	ancestor of the person who has a similar interest in the trust; and
2419	2419	(2) no apparent conflict exists between the ancestor
2420	2420	and the person eligible to receive trust income.
2421	2421	(c) A personal representative is not required to give the
2422	2422	notice otherwise required by this section to a beneficiary who:
2423	2423	(1) has made an appearance in the proceeding with
2424	2424	respect to the decedent's estate before the will was admitted to
2425	2425	probate; [or]
2426	2426	(2) is entitled to receive aggregate gifts under the
2427	2427	will with an estimated value of $2,000 or less;
2428	2428	(3) has received all gifts to which the beneficiary is
2429	2429	entitled under the will not later than the 60th day after the date
2430	2430	of the order admitting the decedent's will to probate; or
2431	2431	(4) has received a copy of the will that was admitted
2432	2432	to probate or a written summary of the gifts to the beneficiary
2433	2433	under the will and has waived the right to receive the notice in an
2434	2434	instrument that:
2435	2435	(A) either acknowledges the receipt of the copy
2436	2436	of the will or includes the written summary of the gifts to the
2437	2437	beneficiary under the will;
2438	2438	(B) is signed by the beneficiary; and
2439	2439	(C) is filed with the court.
2440	2440	SECTION 2.36. Section 308.003, Estates Code, as effective
2441	2441	January 1, 2014, is amended to read as follows:
2442	2442	Sec. 308.003. CONTENTS OF NOTICE. The notice required by
2443	2443	Section 308.002 must include:
2444	2444	(1) [state:
2445	2445	[(A)] the name and address of the beneficiary to
2446	2446	whom the notice is given or, for a beneficiary described by Section
2447	2447	308.002(b), the name and address of the beneficiary for whom the
2448	2448	notice is given and of the person to whom the notice is given;
2449	2449	(2) [(B)] the decedent's name;
2450	2450	(3) a statement [(C)] that the decedent's will has been
2451	2451	admitted to probate;
2452	2452	(4) a statement [(D)] that the beneficiary to whom or
2453	2453	for whom the notice is given is named as a beneficiary in the will;
2454	2454	[and]
2455	2455	(5) [(E)] the personal representative's name and
2456	2456	contact information; and
2457	2457	(6) either:
2458	2458	(A) [(2) contain as attachments] a copy of the
2459	2459	will that was admitted to probate and of the order admitting the
2460	2460	will to probate; or
2461	2461	(B) a summary of the gifts to the beneficiary
2462	2462	under the will, the court in which the will was admitted to probate,
2463	2463	the docket number assigned to the estate, the date the will was
2464	2464	admitted to probate, and, if different, the date the court
2465	2465	appointed the personal representative.
2466	2466	SECTION 2.37. Section 308.004, Estates Code, as effective
2467	2467	January 1, 2014, is amended to read as follows:
2468	2468	Sec. 308.004. AFFIDAVIT OR CERTIFICATE. (a) Not later than
2469	2469	the 90th day after the date of an order admitting a will to probate,
2470	2470	the personal representative shall file with the clerk of the court
2471	2471	in which the decedent's estate is pending a sworn affidavit of the
2472	2472	representative or a certificate signed by the representative's
2473	2473	attorney stating:
2474	2474	(1) for each beneficiary to whom notice was required
2475	2475	to be given under this subchapter, the name and address of the
2476	2476	beneficiary to whom the representative gave the notice or, for a
2477	2477	beneficiary described by Section 308.002(b), the name and address
2478	2478	of the beneficiary and of the person to whom the notice was given;
2479	2479	(2) the name and address of each beneficiary to whom
2480	2480	notice was not required to be given under Section 308.002(c)(2),
2481	2481	(3), or (4) [who filed a waiver of the notice];
2482	2482	(3) the name of each beneficiary whose identity or
2483	2483	address could not be ascertained despite the representative's
2484	2484	exercise of reasonable diligence; and
2485	2485	(4) any other information necessary to explain the
2486	2486	representative's inability to give the notice to or for any
2487	2487	beneficiary as required by this subchapter.
2488	2488	(b) The affidavit or certificate required by Subsection (a)
2489	2489	may be included with any pleading or other document filed with the
2490	2490	court clerk, including the inventory, appraisement, and list of
2491	2491	claims, an affidavit in lieu of the inventory, appraisement, and
2492	2492	list of claims, or an application for an extension of the deadline
2493	2493	to file the inventory, appraisement, and list of claims or an
2494	2494	affidavit in lieu of the inventory, appraisement, and list of
2495	2495	claims, provided that the pleading or other document is filed not
2496	2496	later than the date the affidavit or certificate is required to be
2497	2497	filed under Subsection (a).
2498	2498	SECTION 2.38. The heading to Subchapter B, Chapter 309,
2499	2499	Estates Code, as effective January 1, 2014, is amended to read as
2500	2500	follows:
2501	2501	SUBCHAPTER B. REQUIREMENTS FOR INVENTORY, APPRAISEMENT, AND LIST
2502	2502	OF CLAIMS; AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST
2503	2503	OF CLAIMS
2504	2504	SECTION 2.39. Section 309.051(a), Estates Code, as
2505	2505	effective January 1, 2014, is amended to read as follows:
2506	2506	(a) Except as provided by Subsection (c) or unless a longer
2507	2507	period is granted by the court, before the 91st day after the date
2508	2508	the personal representative qualifies, the representative shall
2509	2509	prepare and file with the court clerk a single written instrument
2510	2510	that contains a verified, full, and detailed inventory of all
2511	2511	estate property that has come into the representative's possession
2512	2512	or of which the representative has knowledge. The inventory must:
2513	2513	(1) include:
2514	2514	(A) all estate real property located in this
2515	2515	state; and
2516	2516	(B) all estate personal property regardless of
2517	2517	where the property is located; and
2518	2518	(2) specify[:
2519	2519	[(A)] which portion of the property, if any, is
2520	2520	separate property and which, if any, is community property[; and
2521	2521	[(B) if estate property is owned in common with
2522	2522	others, the interest of the estate in that property and the names
2523	2523	and relationship, if known, of the co-owners].
2524	2524	SECTION 2.40. Section 309.052, Estates Code, as effective
2525	2525	January 1, 2014, is amended to read as follows:
2526	2526	Sec. 309.052. LIST OF CLAIMS. A complete list of claims due
2527	2527	or owing to the estate must be attached to the inventory and
2528	2528	appraisement required by Section 309.051. The list of claims must
2529	2529	state:
2530	2530	(1) the name and, if known, address of each person
2531	2531	indebted to the estate; and
2532	2532	(2) regarding each claim:
2533	2533	(A) the nature of the debt, whether by note,
2534	2534	bill, bond, or other written obligation, or by account or verbal
2535	2535	contract;
2536	2536	(B) the date the debt was incurred;
2537	2537	(C) the date the debt was or is due;
2538	2538	(D) the amount of the claim, the rate of interest
2539	2539	on the claim, and the period for which the claim bears interest; and
2540	2540	(E) whether the claim is separate property or
2541	2541	community property[; and
2542	2542	[(F) if any portion of the claim is held in common
2543	2543	with others, the interest of the estate in the claim and the names
2544	2544	and relationships, if any, of the other part owners].
2545	2545	SECTION 2.41. Section 309.055, Estates Code, as effective
2546	2546	January 1, 2014, is amended to read as follows:
2547	2547	Sec. 309.055. FAILURE OF JOINT PERSONAL REPRESENTATIVES TO
2548	2548	FILE INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN
2549	2549	LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. (a) If more
2550	2550	than one personal representative qualifies to serve, any one or
2551	2551	more of the representatives, on the neglect of the other
2552	2552	representatives, may make and file an inventory, appraisement, and
2553	2553	list of claims or an affidavit in lieu of an inventory,
2554	2554	appraisement, and list of claims.
2555	2555	(b) A personal representative who neglects to make or file
2556	2556	an inventory, appraisement, and list of claims or an affidavit in
2557	2557	lieu of an inventory, appraisement, and list of claims may not
2558	2558	interfere with and does not have any power over the estate after
2559	2559	another representative makes and files an inventory, appraisement,
2560	2560	and list of claims or an affidavit in lieu of an inventory,
2561	2561	appraisement, and list of claims.
2562	2562	(c) The personal representative who files the inventory,
2563	2563	appraisement, and list of claims or the affidavit in lieu of an
2564	2564	inventory, appraisement, and list of claims is entitled to the
2565	2565	whole administration unless, before the 61st day after the date the
2566	2566	representative files the inventory, appraisement, and list of
2567	2567	claims or the affidavit in lieu of an inventory, appraisement, and
2568	2568	list of claims, one or more delinquent representatives file with
2569	2569	the court a written, sworn, and reasonable excuse that the court
2570	2570	considers satisfactory. The court shall enter an order removing
2571	2571	one or more delinquent representatives and revoking those
2572	2572	representatives' letters if:
2573	2573	(1) an excuse is not filed; or
2574	2574	(2) the court does not consider the filed excuse
2575	2575	sufficient.
2576	2576	SECTION 2.42. Subchapter B, Chapter 309, Estates Code, as
2577	2577	effective January 1, 2014, is amended by adding Section 309.056 to
2578	2578	read as follows:
2579	2579	Sec. 309.056. AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT,
2580	2580	AND LIST OF CLAIMS. (a) In this section, "beneficiary" means a
2581	2581	person, entity, state, governmental agency of the state, charitable
2582	2582	organization, or trust entitled to receive property:
2583	2583	(1) under the terms of a decedent's will, to be
2584	2584	determined for purposes of this section with the assumption that
2585	2585	each person who is alive on the date of the decedent's death
2586	2586	survives any period required to receive the bequest as specified by
2587	2587	the terms of the will; or
2588	2588	(2) as an heir of the decedent.
2589	2589	(b) Notwithstanding Sections 309.051 and 309.052, if there
2590	2590	are no unpaid debts, except for secured debts, taxes, and
2591	2591	administration expenses, at the time the inventory is due,
2592	2592	including any extensions, an independent executor may file with the
2593	2593	court clerk, in lieu of the inventory, appraisement, and list of
2594	2594	claims, an affidavit stating that all debts, except for secured
2595	2595	debts, taxes, and administration expenses, are paid and that all
2596	2596	beneficiaries have received a verified, full, and detailed
2597	2597	inventory and appraisement. The affidavit in lieu of the
2598	2598	inventory, appraisement, and list of claims must be filed within
2599	2599	the 90-day period prescribed by Section 309.051(a), unless the
2600	2600	court grants an extension.
2601	2601	(c) If the independent executor files an affidavit in lieu
2602	2602	of the inventory, appraisement, and list of claims as authorized
2603	2603	under Subsection (b):
2604	2604	(1) any person interested in the estate, including a
2605	2605	possible heir of the decedent or a beneficiary under a prior will of
2606	2606	the decedent, is entitled to receive a copy of the inventory,
2607	2607	appraisement, and list of claims from the independent executor on
2608	2608	written request;
2609	2609	(2) the independent executor may provide a copy of the
2610	2610	inventory, appraisement, and list of claims to any person the
2611	2611	independent executor believes in good faith may be a person
2612	2612	interested in the estate without liability to the estate or its
2613	2613	beneficiaries; and
2614	2614	(3) a person interested in the estate may apply to the
2615	2615	court for an order compelling compliance with Subdivision (1), and
2616	2616	the court, in its discretion, may compel the independent executor
2617	2617	to provide a copy of the inventory, appraisement, and list of claims
2618	2618	to the interested person or may deny the application.
2619	2619	SECTION 2.43. Section 309.101, Estates Code, as effective
2620	2620	January 1, 2014, is amended to read as follows:
2621	2621	Sec. 309.101. DISCOVERY OF ADDITIONAL PROPERTY OR CLAIMS.
2622	2622	(a) If after the filing of the inventory, appraisement, and list of
2623	2623	claims the personal representative acquires possession or
2624	2624	knowledge of property or claims of the estate not included in the
2625	2625	inventory, appraisement, and list of claims the representative
2626	2626	shall promptly file with the court clerk a verified, full, and
2627	2627	detailed supplemental inventory, appraisement, and list of claims.
2628	2628	(b) If after the filing of the affidavit in lieu of the
2629	2629	inventory, appraisement, and list of claims the personal
2630	2630	representative acquires possession or knowledge of property or
2631	2631	claims of the estate not included in the inventory and appraisement
2632	2632	given to the beneficiaries the representative shall promptly file
2633	2633	with the court clerk a supplemental affidavit in lieu of the
2634	2634	inventory, appraisement, and list of claims stating that all
2635	2635	beneficiaries have received a verified, full, and detailed
2636	2636	supplemental inventory and appraisement.
2637	2637	SECTION 2.44. Section 352.004, Estates Code, as effective
2638	2638	January 1, 2014, is amended to read as follows:
2639	2639	Sec. 352.004. DENIAL OF COMPENSATION. The court may, on
2640	2640	application of an interested person or on the court's own motion,
2641	2641	wholly or partly deny a commission allowed by this subchapter if:
2642	2642	(1) the court finds that the executor or administrator
2643	2643	has not taken care of and managed estate property prudently; or
2644	2644	(2) the executor or administrator has been removed
2645	2645	under Section 149C or Subchapter B, Chapter 361.
2646	2646	SECTION 2.45. Sections 353.051(a) and (b), Estates Code, as
2647	2647	effective January 1, 2014, are amended to read as follows:
2648	2648	(a) Unless an application and verified affidavit are filed
2649	2649	as provided by Subsection (b), immediately after the inventory,
2650	2650	appraisement, and list of claims of an estate are approved or after
2651	2651	the affidavit in lieu of the inventory, appraisement, and list of
2652	2652	claims is filed, the court by order shall set aside:
2653	2653	(1) the homestead for the use and benefit of the
2654	2654	decedent's surviving spouse and minor children; and
2655	2655	(2) all other estate property that is exempt from
2656	2656	execution or forced sale by the constitution and laws of this state
2657	2657	for the use and benefit of the decedent's:
2658	2658	(A) surviving spouse and minor children; and
2659	2659	(B) unmarried children remaining with the
2660	2660	decedent's family.
2661	2661	(b) Before the inventory, appraisement, and list of claims
2662	2662	of an estate are approved or, if applicable, before the affidavit in
2663	2663	lieu of the inventory, appraisement, and list of claims is filed:
2664	2664	(1) the decedent's surviving spouse or any other
2665	2665	person authorized to act on behalf of the decedent's minor children
2666	2666	may apply to the court to have exempt property, including the
2667	2667	homestead, set aside by filing an application and a verified
2668	2668	affidavit listing all property that the applicant claims is exempt;
2669	2669	and
2670	2670	(2) any of the decedent's unmarried children remaining
2671	2671	with the decedent's family may apply to the court to have all exempt
2672	2672	property, other than the homestead, set aside by filing an
2673	2673	application and a verified affidavit listing all property, other
2674	2674	than the homestead, that the applicant claims is exempt.
2675	2675	SECTION 2.46. Sections 353.101(a) and (b), Estates Code, as
2676	2676	effective January 1, 2014, are amended to read as follows:
2677	2677	(a) Unless an application and verified affidavit are filed
2678	2678	as provided by Subsection (b), immediately after the inventory,
2679	2679	appraisement, and list of claims of an estate are approved or after
2680	2680	the affidavit in lieu of the inventory, appraisement, and list of
2681	2681	claims is filed, the court shall fix a family allowance for the
2682	2682	support of the decedent's surviving spouse and minor children.
2683	2683	(b) Before the inventory, appraisement, and list of claims
2684	2684	of an estate are approved or, if applicable, before the affidavit in
2685	2685	lieu of the inventory, appraisement, and list of claims is filed,
2686	2686	the decedent's surviving spouse or any other person authorized to
2687	2687	act on behalf of the decedent's minor children may apply to the
2688	2688	court to have the court fix the family allowance by filing an
2689	2689	application and a verified affidavit describing:
2690	2690	(1) the amount necessary for the maintenance of the
2691	2691	surviving spouse and the decedent's minor children for one year
2692	2692	after the date of the decedent's death; and
2693	2693	(2) the surviving spouse's separate property and any
2694	2694	property that the decedent's minor children have in their own
2695	2695	right.
2696	2696	SECTION 2.47. Section 353.107(a), Estates Code, as
2697	2697	effective January 1, 2014, is amended to read as follows:
2698	2698	(a) The court shall, as soon as the inventory, appraisement,
2699	2699	and list of claims are returned and approved or the affidavit in
2700	2700	lieu of the inventory, appraisement, and list of claims is filed,
2701	2701	order the sale of estate property for cash in an amount that will be
2702	2702	sufficient to raise the amount of the family allowance, or a portion
2703	2703	of that amount, as necessary, if:
2704	2704	(1) the decedent had no personal property that the
2705	2705	surviving spouse or the guardian of the decedent's minor children
2706	2706	is willing to take for the family allowance or the decedent had
2707	2707	insufficient personal property; and
2708	2708	(2) there are not sufficient estate funds in the
2709	2709	executor's or administrator's possession to pay the amount of the
2710	2710	family allowance or a portion of that amount, as applicable.
2711	2711	SECTION 2.48. Section 354.001(a), Estates Code, as
2712	2712	effective January 1, 2014, is amended to read as follows:
2713	2713	(a) If, after a personal representative of an estate has
2714	2714	filed the inventory, appraisement, and list of claims or the
2715	2715	affidavit in lieu of the inventory, appraisement, and list of
2716	2716	claims as provided [required] by Chapter 309, it is established
2717	2717	that the decedent's estate, excluding any homestead, exempt
2718	2718	property, and family allowance to the decedent's surviving spouse
2719	2719	and minor children, does not exceed the amount sufficient to pay the
2720	2720	claims against the estate classified as Classes 1 through 4 under
2721	2721	Section 355.102, the representative shall:
2722	2722	(1) on order of the court, pay those claims in the
2723	2723	order provided and to the extent permitted by the assets of the
2724	2724	estate subject to the payment of those claims; and
2725	2725	(2) after paying the claims in accordance with
2726	2726	Subdivision (1), present to the court the representative's account
2727	2727	with an application for the settlement and allowance of the
2728	2728	account.
2729	2729	SECTION 2.49. Section 360.253(a), Estates Code, as
2730	2730	effective January 1, 2014, is amended to read as follows:
2731	2731	(a) If a spouse dies leaving community property, the
2732	2732	surviving spouse, at any time after letters testamentary or of
2733	2733	administration have been granted and an inventory, appraisement,
2734	2734	and list of claims of the estate have been returned or an affidavit
2735	2735	in lieu of the inventory, appraisement, and list of claims has been
2736	2736	filed, may apply in writing to the court that granted the letters
2737	2737	for a partition of the community property.
2738	2738	SECTION 2.50. The heading to Section 361.155, Estates Code,
2739	2739	as effective January 1, 2014, is amended to read as follows:
2740	2740	Sec. 361.155. SUCCESSOR REPRESENTATIVE TO RETURN
2741	2741	INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF
2742	2742	INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.
2743	2743	SECTION 2.51. Section 361.155(a), Estates Code, as
2744	2744	effective January 1, 2014, is amended to read as follows:
2745	2745	(a) An appointee who has qualified to succeed a former
2746	2746	personal representative, before the 91st day after the date the
2747	2747	personal representative qualifies, shall make and return to the
2748	2748	court an inventory, appraisement, and list of claims of the estate,
2749	2749	or if the appointee is an independent executor, shall make and
2750	2750	return to the court that document or file an affidavit in lieu of
2751	2751	the inventory, appraisement, and list of claims [before the 91st
2752	2752	day after the date the personal representative qualifies], in the
2753	2753	manner provided for [required of] an original appointee, and shall
2754	2754	also return additional inventories, appraisements, and lists of
2755	2755	claims and additional affidavits in the manner provided for
2756	2756	[required of] an original appointee.
2757	2757	SECTION 2.52. Subtitle I, Title 2, Estates Code, as
2758	2758	effective January 1, 2014, is amended by adding Chapters 401, 402,
2759	2759	403, 404, and 405 to read as follows:
2760	2760	CHAPTER 401. CREATION
2761	2761	Sec. 401.001. EXPRESSION OF TESTATOR'S INTENT IN WILL. (a)
2762	2762	Any person capable of making a will may provide in the person's will
2763	2763	that no other action shall be had in the probate court in relation
2764	2764	to the settlement of the person's estate than the probating and
2765	2765	recording of the will and the return of an inventory, appraisement,
2766	2766	and list of claims of the person's estate.
2767	2767	(b) Any person capable of making a will may provide in the
2768	2768	person's will that no independent administration of his or her
2769	2769	estate may be allowed. In such case the person's estate, if
2770	2770	administered, shall be administered and settled under the direction
2771	2771	of the probate court as other estates are required to be settled and
2772	2772	not as an independent administration.
2773	2773	Sec. 401.002. CREATION IN TESTATE ESTATE BY AGREEMENT. (a)
2774	2774	Except as provided in Section 401.001(b), if a decedent's will
2775	2775	names an executor but the will does not provide for independent
2776	2776	administration as provided in Section 401.001(a), all of the
2777	2777	distributees of the decedent may agree on the advisability of
2778	2778	having an independent administration and collectively designate in
2779	2779	the application for probate of the decedent's will the executor
2780	2780	named in the will to serve as independent executor and request in
2781	2781	the application that no other action shall be had in the probate
2782	2782	court in relation to the settlement of the decedent's estate other
2783	2783	than the probating and recording of the decedent's will and the
2784	2784	return of an inventory, appraisement, and list of claims of the
2785	2785	decedent's estate. In such case the probate court shall enter an
2786	2786	order granting independent administration and appointing the
2787	2787	person, firm, or corporation designated in the application as
2788	2788	independent executor, unless the court finds that it would not be in
2789	2789	the best interest of the estate to do so.
2790	2790	(b) Except as provided in Section 401.001(b), in situations
2791	2791	where no executor is named in the decedent's will, or in situations
2792	2792	where each executor named in the will is deceased or is disqualified
2793	2793	to serve as executor or indicates by affidavit filed with the
2794	2794	application for administration of the decedent's estate the
2795	2795	executor's inability or unwillingness to serve as executor, all of
2796	2796	the distributees of the decedent may agree on the advisability of
2797	2797	having an independent administration and collectively designate in
2798	2798	the application for probate of the decedent's will a qualified
2799	2799	person, firm, or corporation to serve as independent administrator
2800	2800	and request in the application that no other action shall be had in
2801	2801	the probate court in relation to the settlement of the decedent's
2802	2802	estate other than the probating and recording of the decedent's
2803	2803	will and the return of an inventory, appraisement, and list of
2804	2804	claims of the decedent's estate. In such case the probate court
2805	2805	shall enter an order granting independent administration and
2806	2806	appointing the person, firm, or corporation designated in the
2807	2807	application as independent administrator, unless the court finds
2808	2808	that it would not be in the best interest of the estate to do so.
2809	2809	Sec. 401.003. CREATION IN INTESTATE ESTATE BY AGREEMENT.
2810	2810	(a) All of the distributees of a decedent dying intestate may agree
2811	2811	on the advisability of having an independent administration and
2812	2812	collectively designate in the application for administration of the
2813	2813	decedent's estate a qualified person, firm, or corporation to serve
2814	2814	as independent administrator and request in the application that no
2815	2815	other action shall be had in the probate court in relation to the
2816	2816	settlement of the decedent's estate other than the return of an
2817	2817	inventory, appraisement, and list of claims of the decedent's
2818	2818	estate. In such case the probate court shall enter an order
2819	2819	granting independent administration and appointing the person,
2820	2820	firm, or corporation designated in the application as independent
2821	2821	administrator, unless the court finds that it would not be in the
2822	2822	best interest of the estate to do so.
2823	2823	(b) The court may not appoint an independent administrator
2824	2824	to serve in an intestate administration unless and until the
2825	2825	parties seeking appointment of the independent administrator have
2826	2826	been determined, through a proceeding to declare heirship under
2827	2827	Chapter 202, to constitute all of the decedent's heirs.
2828	2828	Sec. 401.004. MEANS OF ESTABLISHING DISTRIBUTEE CONSENT.
2829	2829	(a) This section applies to the creation of an independent
2830	2830	administration under Section 401.002 or 401.003.
2831	2831	(b) All distributees shall be served with citation and
2832	2832	notice of the application for independent administration unless the
2833	2833	distributee waives the issuance or service of citation or enters an
2834	2834	appearance in court.
2835	2835	(c) If a distributee is an incapacitated person, the
2836	2836	guardian of the person of the distributee may sign the application
2837	2837	on behalf of the distributee. If the probate court finds that
2838	2838	either the granting of independent administration or the
2839	2839	appointment of the person, firm, or corporation designated in the
2840	2840	application as independent executor would not be in the best
2841	2841	interest of the incapacitated person, then, notwithstanding
2842	2842	anything to the contrary in Section 401.002 or 401.003, the court
2843	2843	may not enter an order granting independent administration of the
2844	2844	estate. If a distributee who is an incapacitated person has no
2845	2845	guardian of the person, the probate court may appoint a guardian ad
2846	2846	litem to make application on behalf of the incapacitated person if
2847	2847	the court considers such an appointment necessary to protect the
2848	2848	interest of the distributees. Alternatively, if the distributee
2849	2849	who is an incapacitated person is a minor and has no guardian of the
2850	2850	person, the natural guardian or guardians of the minor may consent
2851	2851	on the minor's behalf if there is no conflict of interest between
2852	2852	the minor and the natural guardian or guardians.
2853	2853	(d) If a trust is created in the decedent's will, the person
2854	2854	or class of persons first eligible to receive the income from the
2855	2855	trust, when determined as if the trust were to be in existence on
2856	2856	the date of the decedent's death, shall, for the purposes of Section
2857	2857	401.002, be considered to be the distributee or distributees on
2858	2858	behalf of the trust, and any other trust or trusts coming into
2859	2859	existence on the termination of the trust, and are authorized to
2860	2860	apply for independent administration on behalf of the trusts
2861	2861	without the consent or agreement of the trustee or any other
2862	2862	beneficiary of the trust, or the trustee or any beneficiary of any
2863	2863	other trust which may come into existence on the termination of the
2864	2864	trust. If a trust beneficiary who is considered to be a distributee
2865	2865	under this subsection is an incapacitated person, the trustee or
2866	2866	cotrustee may file the application or give the consent, provided
2867	2867	that the trustee or cotrustee is not the person proposed to serve as
2868	2868	the independent executor.
2869	2869	(e) If a life estate is created either in the decedent's
2870	2870	will or by law, the life tenant or life tenants, when determined as
2871	2871	if the life estate were to commence on the date of the decedent's
2872	2872	death, shall, for the purposes of Section 401.002 or 401.003, be
2873	2873	considered to be the distributee or distributees on behalf of the
2874	2874	entire estate created, and are authorized to apply for independent
2875	2875	administration on behalf of the estate without the consent or
2876	2876	approval of any remainderman.
2877	2877	(f) If a decedent's will contains a provision that a
2878	2878	distributee must survive the decedent by a prescribed period of
2879	2879	time in order to take under the decedent's will, then, for the
2880	2880	purposes of determining who shall be the distributee under Section
2881	2881	401.002 and under Subsection (c), it shall be presumed that the
2882	2882	distributees living at the time of the filing of the application for
2883	2883	probate of the decedent's will survived the decedent by the
2884	2884	prescribed period.
2885	2885	(g) In the case of all decedents, whether dying testate or
2886	2886	intestate, for the purposes of determining who shall be the
2887	2887	distributees under Section 401.002 or 401.003 and under Subsection
2888	2888	(c), it shall be presumed that no distributee living at the time the
2889	2889	application for independent administration is filed shall
2890	2890	subsequently disclaim any portion of the distributee's interest in
2891	2891	the decedent's estate.
2892	2892	(h) If a distributee of a decedent's estate dies and if by
2893	2893	virtue of the distributee's death the distributee's share of the
2894	2894	decedent's estate becomes payable to the distributee's estate, the
2895	2895	deceased distributee's personal representative may sign the
2896	2896	application for independent administration of the decedent's
2897	2897	estate under Section 401.002 or 401.003 and under Subsection (c).
2898	2898	Sec. 401.005. BOND; WAIVER OF BOND. (a) If an independent
2899	2899	administration of a decedent's estate is created under Section
2900	2900	401.002 or 401.003, then, unless the probate court waives bond on
2901	2901	application for waiver, the independent executor shall be required
2902	2902	to enter into bond payable to and to be approved by the judge and the
2903	2903	judge's successors in a sum that is found by the judge to be
2904	2904	adequate under all circumstances, or a bond with one surety in a sum
2905	2905	that is found by the judge to be adequate under all circumstances,
2906	2906	if the surety is an authorized corporate surety.
2907	2907	(b) This section does not repeal any other section of this
2908	2908	title.
2909	2909	Sec. 401.006. GRANTING POWER OF SALE BY AGREEMENT. In a
2910	2910	situation in which a decedent does not have a will, or a decedent's
2911	2911	will does not contain language authorizing the personal
2912	2912	representative to sell real property or contains language that is
2913	2913	not sufficient to grant the representative that authority, the
2914	2914	court may include in an order appointing an independent executor
2915	2915	under Section 401.002 or 401.003 any general or specific authority
2916	2916	regarding the power of the independent executor to sell real
2917	2917	property that may be consented to by the beneficiaries who are to
2918	2918	receive any interest in the real property in the application for
2919	2919	independent administration or in their consents to the independent
2920	2920	administration. The independent executor, in such event, may sell
2921	2921	the real property under the authority granted in the court order
2922	2922	without the further consent of those beneficiaries.
2923	2923	Sec. 401.007. NO LIABILITY OF JUDGE. Absent proof of fraud
2924	2924	or collusion on the part of a judge, no judge may be held civilly
2925	2925	liable for the commission of misdeeds or the omission of any
2926	2926	required act of any person, firm, or corporation designated as an
2927	2927	independent executor under Section 401.002 or 401.003. Section
2928	2928	351.354 does not apply to the appointment of an independent
2929	2929	executor under Section 401.002 or 401.003.
2930	2930	Sec. 401.008. PERSON DECLINING TO SERVE. A person who
2931	2931	declines to serve or resigns as independent executor of a
2932	2932	decedent's estate may be appointed an executor or administrator of
2933	2933	the estate if the estate will be administered and settled under the
2934	2934	direction of the court.
2935	2935	CHAPTER 402. ADMINISTRATION
2936	2936	SUBCHAPTER A. GENERAL PROVISIONS
2937	2937	Sec. 402.001. GENERAL SCOPE AND EXERCISE OF POWERS. When an
2938	2938	independent administration has been created, and the order
2939	2939	appointing an independent executor has been entered by the probate
2940	2940	court, and the inventory, appraisement, and list of claims has been
2941	2941	filed by the independent executor and approved by the court or an
2942	2942	affidavit in lieu of the inventory, appraisement, and list of
2943	2943	claims has been filed by the independent executor, as long as the
2944	2944	estate is represented by an independent executor, further action of
2945	2945	any nature may not be had in the probate court except where this
2946	2946	title specifically and explicitly provides for some action in the
2947	2947	court.
2948	2948	Sec. 402.002. INDEPENDENT EXECUTORS MAY ACT WITHOUT COURT
2949	2949	APPROVAL. Unless this title specifically provides otherwise, any
2950	2950	action that a personal representative subject to court supervision
2951	2951	may take with or without a court order may be taken by an
2952	2952	independent executor without a court order. The other provisions
2953	2953	of this subtitle are designed to provide additional guidance
2954	2954	regarding independent administrations in specified situations, and
2955	2955	are not designed to limit by omission or otherwise the application
2956	2956	of the general principles set forth in this chapter.
2957	2957	[Sections 402.003-402.050 reserved for expansion]
2958	2958	SUBCHAPTER B. POWER OF SALE
2959	2959	Sec. 402.051. DEFINITION OF INDEPENDENT EXECUTOR. In this
2960	2960	subchapter, "independent executor" does not include an independent
2961	2961	administrator.
2962	2962	Sec. 402.052. POWER OF SALE OF ESTATE PROPERTY GENERALLY.
2963	2963	Unless limited by the terms of a will, an independent executor, in
2964	2964	addition to any power of sale of estate property given in the will,
2965	2965	and an independent administrator have the same power of sale for the
2966	2966	same purposes as a personal representative has in a supervised
2967	2967	administration, but without the requirement of court approval. The
2968	2968	procedural requirements applicable to a supervised administration
2969	2969	do not apply.
2970	2970	Sec. 402.053. PROTECTION OF PERSON PURCHASING ESTATE
2971	2971	PROPERTY. (a) A person who is not a devisee or heir is not required
2972	2972	to inquire into the power of sale of estate property of the
2973	2973	independent executor or independent administrator or the propriety
2974	2974	of the exercise of the power of sale if the person deals with the
2975	2975	independent executor or independent administrator in good faith
2976	2976	and:
2977	2977	(1) a power of sale is granted to the independent
2978	2978	executor in the will;
2979	2979	(2) a power of sale is granted under Section 401.006 in
2980	2980	the court order appointing the independent executor or independent
2981	2981	administrator; or
2982	2982	(3) the independent executor or independent
2983	2983	administrator provides an affidavit, executed and sworn to under
2984	2984	oath and recorded in the deed records of the county where the
2985	2985	property is located, that the sale is necessary or advisable for any
2986	2986	of the purposes described in Section 356.251(1).
2987	2987	(b) As to acts undertaken in good faith reliance, the
2988	2988	affidavit described by Subsection (a)(3) is conclusive proof, as
2989	2989	between a purchaser of property from the estate, and the personal
2990	2990	representative of an estate or the heirs and distributees of the
2991	2991	estate, with respect to the authority of the independent executor
2992	2992	or independent administrator to sell the property. The signature
2993	2993	or joinder of a devisee or heir who has an interest in the property
2994	2994	being sold as described in this section is not necessary for the
2995	2995	purchaser to obtain all right, title, and interest of the estate in
2996	2996	the property being sold.
2997	2997	(c) This subchapter does not relieve the independent
2998	2998	executor or independent administrator from any duty owed to a
2999	2999	devisee or heir in relation, directly or indirectly, to the sale.
3000	3000	Sec. 402.054. NO LIMITATION ON OTHER ACTION. This
3001	3001	subchapter does not limit the authority of an independent executor
3002	3002	to take any other action without court supervision or approval with
3003	3003	respect to estate assets that may take place in a supervised
3004	3004	administration, for purposes and within the scope otherwise
3005	3005	authorized by this title, including the authority to enter into a
3006	3006	lease and to borrow money.
3007	3007	CHAPTER 403. EXEMPTIONS AND ALLOWANCES; CLAIMS
3008	3008	SUBCHAPTER A. EXEMPTIONS AND ALLOWANCES
3009	3009	Sec. 403.001. SETTING ASIDE EXEMPT PROPERTY AND ALLOWANCES.
3010	3010	The independent executor shall set aside and deliver to those
3011	3011	entitled exempt property and allowances for support, and allowances
3012	3012	in lieu of exempt property, as prescribed in this title, to the same
3013	3013	extent and result as if the independent executor's actions had been
3014	3014	accomplished in, and under orders of, the court.
3015	3015	[Sections 403.002-403.050 reserved for expansion]
3016	3016	SUBCHAPTER B. CLAIMS
3017	3017	Sec. 403.051. DUTY OF INDEPENDENT EXECUTOR. (a) An
3018	3018	independent executor, in the administration of an estate,
3019	3019	independently of and without application to, or any action in or by
3020	3020	the court:
3021	3021	(1) shall give the notices required under Sections
3022	3022	308.051 and 308.053;
3023	3023	(2) may give the notice to an unsecured creditor with a
3024	3024	claim for money permitted under Section 308.054 and bar a claim
3025	3025	under Section 403.055; and
3026	3026	(3) may approve or reject any claim, or take no action
3027	3027	on a claim, and shall classify and pay claims approved or
3028	3028	established by suit against the estate in the same order of
3029	3029	priority, classification, and proration prescribed in this title.
3030	3030	(b) To be effective, the notice prescribed under Subsection
3031	3031	(a)(2) must include, in addition to the other information required
3032	3032	by Section 308.054, a statement that a claim may be effectively
3033	3033	presented by only one of the methods prescribed by this subchapter.
3034	3034	Sec. 403.052. SECURED CLAIMS FOR MONEY. Within six months
3035	3035	after the date letters are granted or within four months after the
3036	3036	date notice is received under Section 308.053, whichever is later,
3037	3037	a creditor with a claim for money secured by property of the estate
3038	3038	must give notice to the independent executor of the creditor's
3039	3039	election to have the creditor's claim approved as a matured secured
3040	3040	claim to be paid in due course of administration. In addition to
3041	3041	giving the notice within this period, a creditor whose claim is
3042	3042	secured by real property shall record a notice of the creditor's
3043	3043	election under this section in the deed records of the county in
3044	3044	which the real property is located. If no election to be a matured
3045	3045	secured creditor is made, or the election is made, but not within
3046	3046	the prescribed period, or is made within the prescribed period but
3047	3047	the creditor has a lien against real property and fails to record
3048	3048	notice of the claim in the deed records as required within the
3049	3049	prescribed period, the claim shall be a preferred debt and lien
3050	3050	against the specific property securing the indebtedness and shall
3051	3051	be paid according to the terms of the contract that secured the
3052	3052	lien, and the claim may not be asserted against other assets of the
3053	3053	estate. The independent executor may pay the claim before maturity
3054	3054	if it is determined to be in the best interest of the estate to do
3055	3055	so.
3056	3056	Sec. 403.053. MATURED SECURED CLAIMS. (a) A claim approved
3057	3057	as a matured secured claim under Section 403.052 remains secured by
3058	3058	any lien or security interest against the specific property
3059	3059	securing payment of the claim but subordinated to the payment from
3060	3060	the property of claims having a higher classification under Section
3061	3061	355.102. However, the secured creditor:
3062	3062	(1) is not entitled to exercise any remedies in a
3063	3063	manner that prevents the payment of the higher priority claims and
3064	3064	allowances; and
3065	3065	(2) during the administration of the estate, is not
3066	3066	entitled to exercise any contractual collection rights, including
3067	3067	the power to foreclose, without either the prior written approval
3068	3068	of the independent executor or court approval.
3069	3069	(b) Subsection (a) may not be construed to suspend or
3070	3070	otherwise prevent a creditor with a matured secured claim from
3071	3071	seeking judicial relief of any kind or from executing any judgment
3072	3072	against an independent executor. Except with respect to real
3073	3073	property, any third party acting in good faith may obtain good title
3074	3074	with respect to an estate asset acquired through a secured
3075	3075	creditor's extrajudicial collection rights, without regard to
3076	3076	whether the creditor had the right to collect the asset or whether
3077	3077	the creditor acted improperly in exercising those rights during an
3078	3078	estate administration due to having elected matured secured status.
3079	3079	(c) If a claim approved or established by suit as a matured
3080	3080	secured claim is secured by property passing to one or more devisees
3081	3081	in accordance with Subchapter G, Chapter 255, the independent
3082	3082	executor shall collect from the devisees the amount of the debt and
3083	3083	pay that amount to the claimant or shall sell the property and pay
3084	3084	out of the sale proceeds the claim and associated expenses of sale
3085	3085	consistent with the provisions of Sections 355.153(b), (c), (d),
3086	3086	and (e) applicable to court supervised administrations.
3087	3087	Sec. 403.054. PREFERRED DEBT AND LIEN CLAIMS. During an
3088	3088	independent administration, a secured creditor whose claim is a
3089	3089	preferred debt and lien against property securing the indebtedness
3090	3090	under Section 403.052 is free to exercise any judicial or
3091	3091	extrajudicial collection rights, including the right to
3092	3092	foreclosure and execution; provided, however, that the creditor
3093	3093	does not have the right to conduct a nonjudicial foreclosure sale
3094	3094	within six months after letters are granted.
3095	3095	Sec. 403.055. CERTAIN UNSECURED CLAIMS; BARRING OF CLAIMS.
3096	3096	An unsecured creditor who has a claim for money against an estate
3097	3097	and who receives a notice under Section 308.054 shall give to the
3098	3098	independent executor notice of the nature and amount of the claim
3099	3099	not later than the 120th day after the date the notice is received
3100	3100	or the claim is barred.
3101	3101	Sec. 403.056. NOTICES REQUIRED BY CREDITORS. (a) Notice to
3102	3102	the independent executor required by Sections 403.052 and 403.055
3103	3103	must be contained in:
3104	3104	(1) a written instrument that is hand-delivered with
3105	3105	proof of receipt, or mailed by certified mail, return receipt
3106	3106	requested with proof of receipt, to the independent executor or the
3107	3107	executor's attorney;
3108	3108	(2) a pleading filed in a lawsuit with respect to the
3109	3109	claim; or
3110	3110	(3) a written instrument or pleading filed in the
3111	3111	court in which the administration of the estate is pending.
3112	3112	(b) This section does not exempt a creditor who elects
3113	3113	matured secured status from the filing requirements of Section
3114	3114	403.052, to the extent those requirements are applicable.
3115	3115	Sec. 403.057. STATUTE OF LIMITATIONS. Except as otherwise
3116	3116	provided by Section 16.062, Civil Practice and Remedies Code, the
3117	3117	running of the statute of limitations shall be tolled only by a
3118	3118	written approval of a claim signed by an independent executor, a
3119	3119	pleading filed in a suit pending at the time of the decedent's
3120	3120	death, or a suit brought by the creditor against the independent
3121	3121	executor. In particular, the presentation of a statement or claim,
3122	3122	or a notice with respect to a claim, to an independent executor does
3123	3123	not toll the running of the statute of limitations with respect to
3124	3124	that claim.
3125	3125	Sec. 403.058. OTHER CLAIM PROCEDURES GENERALLY DO NOT
3126	3126	APPLY. Except as otherwise provided by this subchapter, the
3127	3127	procedural provisions of this title governing creditor claims in
3128	3128	supervised administrations do not apply to independent
3129	3129	administrations. By way of example, but not as a limitation:
3130	3130	(1) Sections 355.064 and 355.066 do not apply to
3131	3131	independent administrations, and consequently a creditor's claim
3132	3132	may not be barred solely because the creditor failed to file a suit
3133	3133	not later than the 90th day after the date an independent executor
3134	3134	rejected the claim or with respect to a claim for which the
3135	3135	independent executor takes no action; and
3136	3136	(2) Sections 355.156, 355.157, 355.158, 355.159, and
3137	3137	355.160 do not apply to independent administrations.
3138	3138	Sec. 403.0585. LIABILITY OF INDEPENDENT EXECUTOR FOR
3139	3139	PAYMENT OF A CLAIM. An independent executor, in the administration
3140	3140	of an estate, may pay at any time and without personal liability a
3141	3141	claim for money against the estate to the extent approved and
3142	3142	classified by the independent executor if:
3143	3143	(1) the claim is not barred by limitations; and
3144	3144	(2) at the time of payment, the independent executor
3145	3145	reasonably believes the estate will have sufficient assets to pay
3146	3146	all claims against the estate.
3147	3147	Sec. 403.059. ENFORCEMENT OF CLAIMS BY SUIT. Any person
3148	3148	having a debt or claim against the estate may enforce the payment of
3149	3149	the same by suit against the independent executor; and, when
3150	3150	judgment is recovered against the independent executor, the
3151	3151	execution shall run against the estate of the decedent in the
3152	3152	possession of the independent executor that is subject to the debt.
3153	3153	The independent executor shall not be required to plead to any suit
3154	3154	brought against the executor for money until after six months after
3155	3155	the date that an independent administration was created and the
3156	3156	order appointing the executor was entered by the probate court.
3157	3157	Sec. 403.060. REQUIRING HEIRS TO GIVE BOND. When an
3158	3158	independent administration is created and the order appointing an
3159	3159	independent executor is entered by the probate court, any person
3160	3160	having a debt against the estate may, by written complaint filed in
3161	3161	the probate court in which the order was entered, cause all
3162	3162	distributees of the estate, heirs at law, and other persons
3163	3163	entitled to any portion of the estate under the will, if any, to be
3164	3164	cited by personal service to appear before the court and execute a
3165	3165	bond for an amount equal to the amount of the creditor's claim or
3166	3166	the full value of the estate, as shown by the inventory and list of
3167	3167	claims, whichever is smaller. The bond must be payable to the
3168	3168	judge, and the judge's successors, and be approved by the judge, and
3169	3169	conditioned that all obligors shall pay all debts that shall be
3170	3170	established against the estate in the manner provided by law. On
3171	3171	the return of the citation served, unless a person so entitled to
3172	3172	any portion of the estate, or some of them, or some other person for
3173	3173	them, shall execute the bond to the satisfaction of the probate
3174	3174	court, the estate shall be administered and settled under the
3175	3175	direction of the probate court as other estates are required to be
3176	3176	settled. If the bond is executed and approved, the independent
3177	3177	administration shall proceed. Creditors of the estate may sue on
3178	3178	the bond, and shall be entitled to judgment on the bond for the
3179	3179	amount of their debt, or they may have their action against those in
3180	3180	possession of the estate.
3181	3181	CHAPTER 404. ACCOUNTINGS, SUCCESSORS, AND OTHER REMEDIES
3182	3182	Sec. 404.001. ACCOUNTING. (a) At any time after the
3183	3183	expiration of 15 months after the date that an independent
3184	3184	administration was created and the order appointing an independent
3185	3185	executor was entered by the probate court, any person interested in
3186	3186	the estate may demand an accounting from the independent executor.
3187	3187	The independent executor shall furnish to the person or persons
3188	3188	making the demand an exhibit in writing, sworn and subscribed by the
3189	3189	independent executor, setting forth in detail:
3190	3190	(1) the property belonging to the estate that has come
3191	3191	into the executor's possession as executor;
3192	3192	(2) the disposition that has been made of the property
3193	3193	described by Subdivision (1);
3194	3194	(3) the debts that have been paid;
3195	3195	(4) the debts and expenses, if any, still owing by the
3196	3196	estate;
3197	3197	(5) the property of the estate, if any, still
3198	3198	remaining in the executor's possession;
3199	3199	(6) other facts as may be necessary to a full and
3200	3200	definite understanding of the exact condition of the estate; and
3201	3201	(7) the facts, if any, that show why the
3202	3202	administration should not be closed and the estate distributed.
3203	3203	(a-1) Any other interested person shall, on demand, be
3204	3204	entitled to a copy of any exhibit or accounting that has been made
3205	3205	by an independent executor in compliance with this section.
3206	3206	(b) Should the independent executor not comply with a demand
3207	3207	for an accounting authorized by this section within 60 days after
3208	3208	receipt of the demand, the person making the demand may compel
3209	3209	compliance by an action in the probate court. After a hearing, the
3210	3210	court shall enter an order requiring the accounting to be made at
3211	3211	such time as it considers proper under the circumstances.
3212	3212	(c) After an initial accounting has been given by an
3213	3213	independent executor, any person interested in an estate may demand
3214	3214	subsequent periodic accountings at intervals of not less than 12
3215	3215	months, and such subsequent demands may be enforced in the same
3216	3216	manner as an initial demand.
3217	3217	(d) The right to an accounting accorded by this section is
3218	3218	cumulative of any other remedies which persons interested in an
3219	3219	estate may have against the independent executor of the estate.
3220	3220	Sec. 404.002. REQUIRING INDEPENDENT EXECUTOR TO GIVE BOND.
3221	3221	When it has been provided by will, regularly probated, that an
3222	3222	independent executor appointed by the will shall not be required to
3223	3223	give bond for the management of the estate devised by the will, or
3224	3224	the independent executor is not required to give bond because bond
3225	3225	has been waived by court order as authorized under Section 401.005,
3226	3226	then the independent executor may be required to give bond, on
3227	3227	proper proceedings had for that purpose as in the case of personal
3228	3228	representatives in a supervised administration, if it be made to
3229	3229	appear at any time that the independent executor is mismanaging the
3230	3230	property, or has betrayed or is about to betray the independent
3231	3231	executor's trust, or has in some other way become disqualified.
3232	3232	Sec. 404.003. REMOVAL OF INDEPENDENT EXECUTOR. (a) The
3233	3233	probate court, on its own motion or on motion of any interested
3234	3234	person, after the independent executor has been cited by personal
3235	3235	service to answer at a time and place fixed in the notice, may
3236	3236	remove an independent executor when:
3237	3237	(1) the independent executor fails to return within 90
3238	3238	days after qualification, unless such time is extended by order of
3239	3239	the court, either an inventory of the property of the estate and
3240	3240	list of claims that have come to the independent executor's
3241	3241	knowledge or an affidavit in lieu of the inventory, appraisement,
3242	3242	and list of claims;
3243	3243	(2) sufficient grounds appear to support belief that
3244	3244	the independent executor has misapplied or embezzled, or that the
3245	3245	independent executor is about to misapply or embezzle, all or any
3246	3246	part of the property committed to the independent executor's care;
3247	3247	(3) the independent executor fails to make an
3248	3248	accounting which is required by law to be made;
3249	3249	(4) the independent executor fails to timely file the
3250	3250	affidavit or certificate required by Section 308.004;
3251	3251	(5) the independent executor is proved to have been
3252	3252	guilty of gross misconduct or gross mismanagement in the
3253	3253	performance of the independent executor's duties; or
3254	3254	(6) the independent executor becomes an incapacitated
3255	3255	person, or is sentenced to the penitentiary, or from any other cause
3256	3256	becomes legally incapacitated from properly performing the
3257	3257	independent executor's fiduciary duties.
3258	3258	(b) The order of removal shall state the cause of removal
3259	3259	and shall direct by order the disposition of the assets remaining in
3260	3260	the name or under the control of the removed executor. The order of
3261	3261	removal shall require that letters issued to the removed executor
3262	3262	shall be surrendered and that all letters shall be canceled of
3263	3263	record. If an independent executor is removed by the court under
3264	3264	this section, the court may, on application, appoint a successor
3265	3265	independent executor as provided by Section 404.005.
3266	3266	(c) An independent executor who defends an action for the
3267	3267	independent executor's removal in good faith, whether successful or
3268	3268	not, shall be allowed out of the estate the independent executor's
3269	3269	necessary expenses and disbursements, including reasonable
3270	3270	attorney's fees, in the removal proceedings.
3271	3271	(d) Costs and expenses incurred by the party seeking removal
3272	3272	that are incident to removal of an independent executor appointed
3273	3273	without bond, including reasonable attorney's fees and expenses,
3274	3274	may be paid out of the estate.
3275	3275	Sec. 404.004. POWERS OF AN ADMINISTRATOR WHO SUCCEEDS AN
3276	3276	INDEPENDENT EXECUTOR. (a) Whenever a person has died, or shall
3277	3277	die, testate, owning property in this state, and the person's will
3278	3278	has been or shall be admitted to probate by the court, and the
3279	3279	probated will names an independent executor or executors, or
3280	3280	trustees acting in the capacity of independent executors, to
3281	3281	execute the terms and provisions of that will, and the will grants
3282	3282	to the independent executor, or executors, or trustees acting in
3283	3283	the capacity of independent executors, the power to raise or borrow
3284	3284	money and to mortgage, and the independent executor, or executors,
3285	3285	or trustees, have died or shall die, resign, fail to qualify, or be
3286	3286	removed from office, leaving unexecuted parts or portions of the
3287	3287	will of the testator, and an administrator with the will annexed is
3288	3288	appointed by the probate court, and an administrator's bond is
3289	3289	filed and approved by the court, then in all such cases, the court
3290	3290	may, in addition to the powers conferred on the administrator under
3291	3291	other provisions of the laws of this state, authorize, direct, and
3292	3292	empower the administrator to do and perform the acts and deeds,
3293	3293	clothed with the rights, powers, authorities, and privileges, and
3294	3294	subject to the limitations, set forth in the subsequent provisions
3295	3295	of this section.
3296	3296	(b) The court, on application, citation, and hearing, may,
3297	3297	by its order, authorize, direct, and empower the administrator to
3298	3298	raise or borrow such sums of money and incur such obligations and
3299	3299	debts as the court shall, in its said order, direct, and to renew
3300	3300	and extend same from time to time, as the court, on application and
3301	3301	order, shall provide; and, if authorized by the court's order, to
3302	3302	secure such loans, obligations, and debts, by pledge or mortgage on
3303	3303	property or assets of the estate, real, personal, or mixed, on such
3304	3304	terms and conditions, and for such duration of time, as the court
3305	3305	shall consider to be in the best interests of the estate, and by its
3306	3306	order shall prescribe; and all such loans, obligations, debts,
3307	3307	pledges, and mortgages shall be valid and enforceable against the
3308	3308	estate and against the administrator in the administrator's
3309	3309	official capacity.
3310	3310	(c) The court may order and authorize the administrator to
3311	3311	have and exercise the powers and privileges set forth in Subsection
3312	3312	(a) or (b) only to the extent that same are granted to or possessed
3313	3313	by the independent executor, or executors, or trustees acting in
3314	3314	the capacity of independent executors, under the terms of the
3315	3315	probated will of the decedent, and then only in such cases as it
3316	3316	appears, at the hearing of the application, that at the time of the
3317	3317	appointment of the administrator, there are outstanding and unpaid
3318	3318	obligations and debts of the estate, or of the independent
3319	3319	executor, or executors, or trustees, chargeable against the estate,
3320	3320	or unpaid expenses of administration, or when the court appointing
3321	3321	the administrator orders the business of the estate to be carried on
3322	3322	and it becomes necessary, from time to time, under orders of the
3323	3323	court, for the administrator to borrow money and incur obligations
3324	3324	and indebtedness in order to protect and preserve the estate.
3325	3325	(d) The court, in addition, may, on application, citation,
3326	3326	and hearing, order, authorize, and empower the administrator to
3327	3327	assume, exercise, and discharge, under the orders and directions of
3328	3328	the court, made from time to time, all or such part of the rights,
3329	3329	powers, and authorities vested in and delegated to, or possessed
3330	3330	by, the independent executor, or executors, or trustees acting in
3331	3331	the capacity of independent executors, under the terms of the will
3332	3332	of the decedent, as the court finds to be in the best interests of
3333	3333	the estate and shall, from time to time, order and direct.
3334	3334	(e) The granting to the administrator by the court of some,
3335	3335	or all, of the powers and authorities set forth in this section
3336	3336	shall be on application filed by the administrator with the county
3337	3337	clerk, setting forth such facts as, in the judgment of the
3338	3338	administrator, require the granting of the power or authority
3339	3339	requested.
3340	3340	(f) On the filing of an application under Subsection (e),
3341	3341	the clerk shall issue citation to all persons interested in the
3342	3342	estate, stating the nature of the application, and requiring those
3343	3343	persons to appear on the return day named in such citation and show
3344	3344	cause why the application should not be granted, should they choose
3345	3345	to do so. The citation shall be served by posting.
3346	3346	(g) The court shall hear the application and evidence on the
3347	3347	application, on or after the return day named in the citation, and,
3348	3348	if satisfied a necessity exists and that it would be in the best
3349	3349	interests of the estate to grant the application in whole or in
3350	3350	part, the court shall so order; otherwise, the court shall refuse
3351	3351	the application.
3352	3352	Sec. 404.005. COURT-APPOINTED SUCCESSOR INDEPENDENT
3353	3353	EXECUTOR. (a) If the will of a person who dies testate names an
3354	3354	independent executor who, having qualified, fails for any reason to
3355	3355	continue to serve, or is removed for cause by the court, and the
3356	3356	will does not name a successor independent executor or if each
3357	3357	successor executor named in the will fails for any reason to qualify
3358	3358	as executor or indicates by affidavit filed with the application
3359	3359	for an order continuing independent administration the successor
3360	3360	executor's inability or unwillingness to serve as successor
3361	3361	independent executor, all of the distributees of the decedent as of
3362	3362	the filing of the application for an order continuing independent
3363	3363	administration may apply to the probate court for the appointment
3364	3364	of a qualified person, firm, or corporation to serve as successor
3365	3365	independent executor. If the probate court finds that continued
3366	3366	administration of the estate is necessary, the court shall enter an
3367	3367	order continuing independent administration and appointing the
3368	3368	person, firm, or corporation designated in the application as
3369	3369	successor independent executor, unless the probate court finds that
3370	3370	it would not be in the best interest of the estate to do so. The
3371	3371	successor independent executor shall serve with all of the powers
3372	3372	and privileges granted to the successor's predecessor independent
3373	3373	executor.
3374	3374	(b) If a distributee described in this section is an
3375	3375	incapacitated person, the guardian of the person of the distributee
3376	3376	may sign the application on behalf of the distributee. If the
3377	3377	probate court finds that either the continuing of independent
3378	3378	administration or the appointment of the person, firm, or
3379	3379	corporation designated in the application as successor independent
3380	3380	executor would not be in the best interest of the incapacitated
3381	3381	person, then, notwithstanding Subsection (a), the court may not
3382	3382	enter an order continuing independent administration of the estate.
3383	3383	If the distributee is an incapacitated person and has no guardian of
3384	3384	the person, the court may appoint a guardian ad litem to make
3385	3385	application on behalf of the incapacitated person if the probate
3386	3386	court considers such an appointment necessary to protect the
3387	3387	interest of that distributee.
3388	3388	(c) If a trust is created in the decedent's will, the person
3389	3389	or class of persons first eligible to receive the income from the
3390	3390	trust, determined as if the trust were to be in existence on the
3391	3391	date of the filing of the application for an order continuing
3392	3392	independent administration, shall, for the purposes of this
3393	3393	section, be considered to be the distributee or distributees on
3394	3394	behalf of the trust, and any other trust or trusts coming into
3395	3395	existence on the termination of the trust, and are authorized to
3396	3396	apply for an order continuing independent administration on behalf
3397	3397	of the trust without the consent or agreement of the trustee or any
3398	3398	other beneficiary of the trust, or the trustee or any beneficiary of
3399	3399	any other trust which may come into existence on the termination of
3400	3400	the trust.
3401	3401	(d) If a life estate is created either in the decedent's
3402	3402	will or by law, and if a life tenant is living at the time of the
3403	3403	filing of the application for an order continuing independent
3404	3404	administration, then the life tenant or life tenants, determined as
3405	3405	if the life estate were to commence on the date of the filing of the
3406	3406	application for an order continuing independent administration,
3407	3407	shall, for the purposes of this section, be considered to be the
3408	3408	distributee or distributees on behalf of the entire estate created,
3409	3409	and are authorized to apply for an order continuing independent
3410	3410	administration on behalf of the estate without the consent or
3411	3411	approval of any remainderman.
3412	3412	(e) If a decedent's will contains a provision that a
3413	3413	distributee must survive the decedent by a prescribed period of
3414	3414	time in order to take under the decedent's will, for the purposes of
3415	3415	determining who shall be the distributee under this section, it
3416	3416	shall be presumed that the distributees living at the time of the
3417	3417	filing of the application for an order continuing independent
3418	3418	administration of the decedent's estate survived the decedent for
3419	3419	the prescribed period.
3420	3420	(f) In the case of all decedents, for the purposes of
3421	3421	determining who shall be the distributees under this section, it
3422	3422	shall be presumed that no distributee living at the time the
3423	3423	application for an order continuing independent administration of
3424	3424	the decedent's estate is filed shall subsequently disclaim any
3425	3425	portion of the distributee's interest in the decedent's estate.
3426	3426	(g) If a distributee of a decedent's estate should die, and
3427	3427	if by virtue of the distributee's death the distributee's share of
3428	3428	the decedent's estate shall become payable to the distributee's
3429	3429	estate, then the deceased distributee's personal representative
3430	3430	may sign the application for an order continuing independent
3431	3431	administration of the decedent's estate under this section.
3432	3432	(h) If a successor independent executor is appointed under
3433	3433	this section, then, unless the probate court shall waive bond on
3434	3434	application for waiver, the successor independent executor shall be
3435	3435	required to enter into bond payable to and to be approved by the
3436	3436	judge and the judge's successors in a sum that is found by the judge
3437	3437	to be adequate under all circumstances, or a bond with one surety in
3438	3438	an amount that is found by the judge to be adequate under all
3439	3439	circumstances, if the surety is an authorized corporate surety.
3440	3440	(i) Absent proof of fraud or collusion on the part of a
3441	3441	judge, the judge may not be held civilly liable for the commission
3442	3442	of misdeeds or the omission of any required act of any person, firm,
3443	3443	or corporation designated as a successor independent executor under
3444	3444	this section. Section 351.354 does not apply to an appointment of a
3445	3445	successor independent executor under this section.
3446	3446	CHAPTER 405. CLOSING AND DISTRIBUTIONS
3447	3447	Sec. 405.001. ACCOUNTING AND DISTRIBUTION. (a) In
3448	3448	addition to or in lieu of the right to an accounting provided by
3449	3449	Section 404.001, at any time after the expiration of two years after
3450	3450	the date the court clerk first issues letters testamentary or of
3451	3451	administration to any personal representative of an estate, a
3452	3452	person interested in the estate then subject to independent
3453	3453	administration may petition the court for an accounting and
3454	3454	distribution. The court may order an accounting to be made with the
3455	3455	court by the independent executor at such time as the court
3456	3456	considers proper. The accounting shall include the information
3457	3457	that the court considers necessary to determine whether any part of
3458	3458	the estate should be distributed.
3459	3459	(b) On receipt of the accounting and, after notice to the
3460	3460	independent executor and a hearing, unless the court finds a
3461	3461	continued necessity for administration of the estate, the court
3462	3462	shall order its distribution by the independent executor to the
3463	3463	distributees entitled to the property. If the court finds there is
3464	3464	a continued necessity for administration of the estate, the court
3465	3465	shall order the distribution of any portion of the estate that the
3466	3466	court finds should not be subject to further administration by the
3467	3467	independent executor. If any portion of the estate that is ordered
3468	3468	to be distributed is incapable of distribution without prior
3469	3469	partition or sale, the court shall order partition and
3470	3470	distribution, or sale, in the manner provided for the partition and
3471	3471	distribution of property incapable of division in supervised
3472	3472	estates.
3473	3473	(c) If all the property in the estate is ordered distributed
3474	3474	by the court and the estate is fully administered, the court may
3475	3475	also order the independent executor to file a final account with the
3476	3476	court and may enter an order closing the administration and
3477	3477	terminating the power of the independent executor to act as
3478	3478	executor.
3479	3479	Sec. 405.002. RECEIPTS AND RELEASES FOR DISTRIBUTIONS BY
3480	3480	INDEPENDENT EXECUTOR. (a) An independent executor may not be
3481	3481	required to deliver tangible or intangible personal property to a
3482	3482	distributee unless the independent executor receives, at or before
3483	3483	the time of delivery of the property, a signed receipt or other
3484	3484	proof of delivery of the property to the distributee.
3485	3485	(b) An independent executor may not require a waiver or
3486	3486	release from the distributee as a condition of delivery of property
3487	3487	to a distributee.
3488	3488	Sec. 405.003. JUDICIAL DISCHARGE OF INDEPENDENT EXECUTOR.
3489	3489	(a) After an estate has been administered and if there is no
3490	3490	further need for an independent administration of the estate, the
3491	3491	independent executor of the estate may file an action for
3492	3492	declaratory judgment under Chapter 37, Civil Practice and Remedies
3493	3493	Code, seeking to discharge the independent executor from any
3494	3494	liability involving matters relating to the past administration of
3495	3495	the estate that have been fully and fairly disclosed.
3496	3496	(b) On the filing of an action under this section, each
3497	3497	beneficiary of the estate shall be personally served with citation,
3498	3498	except for a beneficiary who has waived the issuance and service of
3499	3499	citation.
3500	3500	(c) In a proceeding under this section, the court may
3501	3501	require the independent executor to file a final account that
3502	3502	includes any information the court considers necessary to
3503	3503	adjudicate the independent executor's request for a discharge of
3504	3504	liability. The court may audit, settle, or approve a final account
3505	3505	filed under this subsection.
3506	3506	(d) On or before filing an action under this section, the
3507	3507	independent executor must distribute to the beneficiaries of the
3508	3508	estate any of the remaining assets or property of the estate that
3509	3509	remains in the independent executor's possession after all of the
3510	3510	estate's debts have been paid, except for a reasonable reserve of
3511	3511	assets that the independent executor may retain in a fiduciary
3512	3512	capacity pending court approval of the final account. The court may
3513	3513	review the amount of assets on reserve and may order the independent
3514	3514	executor to make further distributions under this section.
3515	3515	(e) Except as ordered by the court, the independent executor
3516	3516	is entitled to pay from the estate legal fees, expenses, or other
3517	3517	costs incurred in relation to a proceeding for judicial discharge
3518	3518	filed under this section. The independent executor shall be
3519	3519	personally liable to refund any amount of such fees, expenses, or
3520	3520	other costs not approved by the court as a proper charge against the
3521	3521	estate.
3522	3522	Sec. 405.004. CLOSING INDEPENDENT ADMINISTRATION BY
3523	3523	CLOSING REPORT OR NOTICE OF CLOSING ESTATE. When all of the debts
3524	3524	known to exist against the estate have been paid, or when they have
3525	3525	been paid so far as the assets in the independent executor's
3526	3526	possession will permit, when there is no pending litigation, and
3527	3527	when the independent executor has distributed to the distributees
3528	3528	entitled to the estate all assets of the estate, if any, remaining
3529	3529	after payment of debts, the independent executor may file with the
3530	3530	court a closing report or a notice of closing of the estate.
3531	3531	Sec. 405.005. CLOSING REPORT. An independent executor may
3532	3532	file a closing report verified by affidavit that:
3533	3533	(1) shows:
3534	3534	(A) the property of the estate that came into the
3535	3535	independent executor's possession;
3536	3536	(B) the debts that have been paid;
3537	3537	(C) the debts, if any, still owing by the estate;
3538	3538	(D) the property of the estate, if any, remaining
3539	3539	on hand after payment of debts; and
3540	3540	(E) the names and addresses of the distributees
3541	3541	to whom the property of the estate, if any, remaining on hand after
3542	3542	payment of debts has been distributed; and
3543	3543	(2) includes signed receipts or other proof of
3544	3544	delivery of property to the distributees named in the closing
3545	3545	report if the closing report reflects that there was property
3546	3546	remaining on hand after payment of debts.
3547	3547	Sec. 405.006. NOTICE OF CLOSING ESTATE. (a) Instead of
3548	3548	filing a closing report under Section 405.005, an independent
3549	3549	executor may file a notice of closing estate verified by affidavit
3550	3550	that states:
3551	3551	(1) that all debts known to exist against the estate
3552	3552	have been paid or have been paid to the extent permitted by the
3553	3553	assets in the independent executor's possession;
3554	3554	(2) that all remaining assets of the estate, if any,
3555	3555	have been distributed; and
3556	3556	(3) the names and addresses of the distributees to
3557	3557	whom the property of the estate, if any, remaining on hand after
3558	3558	payment of debts has been distributed.
3559	3559	(b) Before filing the notice, the independent executor
3560	3560	shall provide to each distributee of the estate a copy of the notice
3561	3561	of closing estate. The notice of closing estate filed by the
3562	3562	independent executor must include signed receipts or other proof
3563	3563	that all distributees have received a copy of the notice of closing
3564	3564	estate.
3565	3565	Sec. 405.007. EFFECT OF FILING CLOSING REPORT OR NOTICE OF
3566	3566	CLOSING ESTATE. (a) The independent administration of an estate is
3567	3567	considered closed 30 days after the date of the filing of a closing
3568	3568	report or notice of closing estate unless an interested person
3569	3569	files an objection with the court within that time. If an
3570	3570	interested person files an objection within the 30-day period, the
3571	3571	independent administration of the estate is closed when the
3572	3572	objection has been disposed of or the court signs an order closing
3573	3573	the estate.
3574	3574	(b) The closing of an independent administration by filing
3575	3575	of a closing report or notice of closing estate terminates the power
3576	3576	and authority of the independent executor, but does not relieve the
3577	3577	independent executor from liability for any mismanagement of the
3578	3578	estate or from liability for any false statements contained in the
3579	3579	report or notice.
3580	3580	(c) When a closing report or notice of closing estate has
3581	3581	been filed, persons dealing with properties of the estate, or with
3582	3582	claims against the estate, shall deal directly with the
3583	3583	distributees of the estate; and the acts of the distributees with
3584	3584	respect to the properties or claims shall in all ways be valid and
3585	3585	binding as regards the persons with whom they deal, notwithstanding
3586	3586	any false statements made by the independent executor in the report
3587	3587	or notice.
3588	3588	(d) If the independent executor is required to give bond,
3589	3589	the independent executor's filing of the closing report and proof
3590	3590	of delivery, if required, automatically releases the sureties on
3591	3591	the bond from all liability for the future acts of the principal.
3592	3592	The filing of a notice of closing estate does not release the
3593	3593	sureties on the bond of an independent executor.
3594	3594	(e) An independent executor's closing report or notice of
3595	3595	closing estate shall constitute sufficient legal authority to all
3596	3596	persons owing any money, having custody of any property, or acting
3597	3597	as registrar or transfer agent or trustee of any evidence of
3598	3598	interest, indebtedness, property, or right that belongs to the
3599	3599	estate, for payment or transfer without additional administration
3600	3600	to the distributees described in the will as entitled to receive the
3601	3601	particular asset or who as heirs at law are entitled to receive the
3602	3602	asset. The distributees described in the will as entitled to
3603	3603	receive the particular asset or the heirs at law entitled to receive
3604	3604	the asset may enforce their right to the payment or transfer by
3605	3605	suit.
3606	3606	Sec. 405.008. PARTITION AND DISTRIBUTION OR SALE OF
3607	3607	PROPERTY INCAPABLE OF DIVISION. If the will does not distribute the
3608	3608	entire estate of the testator or provide a means for partition of
3609	3609	the estate, or if no will was probated, the independent executor
3610	3610	may, but may not be required to, petition the probate court for
3611	3611	either a partition and distribution of the estate or an order of
3612	3612	sale of any portion of the estate alleged by the independent
3613	3613	executor and found by the court to be incapable of a fair and equal
3614	3614	partition and distribution, or both. The estate or portion of the
3615	3615	estate shall either be partitioned and distributed or sold, or
3616	3616	both, in the manner provided for the partition and distribution of
3617	3617	property and the sale of property incapable of division in
3618	3618	supervised estates.
3619	3619	Sec. 405.009. CLOSING INDEPENDENT ADMINISTRATION ON
3620	3620	APPLICATION BY DISTRIBUTEE. (a) At any time after an estate has
3621	3621	been fully administered and there is no further need for an
3622	3622	independent administration of the estate, any distributee may file
3623	3623	an application to close the administration; and, after citation on
3624	3624	the independent executor, and on hearing, the court may enter an
3625	3625	order:
3626	3626	(1) requiring the independent executor to file a
3627	3627	closing report meeting the requirements of Section 405.005;
3628	3628	(2) closing the administration;
3629	3629	(3) terminating the power of the independent executor
3630	3630	to act as independent executor; and
3631	3631	(4) releasing the sureties on any bond the independent
3632	3632	executor was required to give from all liability for the future acts
3633	3633	of the principal.
3634	3634	(b) The order of the court closing the independent
3635	3635	administration shall constitute sufficient legal authority to all
3636	3636	persons owing any money, having custody of any property, or acting
3637	3637	as registrar or transfer agent or trustee of any evidence of
3638	3638	interest, indebtedness, property, or right that belongs to the
3639	3639	estate, for payment or transfer without additional administration
3640	3640	to the distributees described in the will as entitled to receive the
3641	3641	particular asset or who as heirs at law are entitled to receive the
3642	3642	asset. The distributees described in the will as entitled to
3643	3643	receive the particular asset or the heirs at law entitled to receive
3644	3644	the asset may enforce their right to the payment or transfer by
3645	3645	suit.
3646	3646	Sec. 405.010. ISSUANCE OF LETTERS. At any time before the
3647	3647	authority of an independent executor has been terminated in the
3648	3648	manner set forth in this subtitle, the clerk shall issue such number
3649	3649	of letters testamentary as the independent executor shall request.
3650	3650	Sec. 405.011. RIGHTS AND REMEDIES CUMULATIVE. The rights
3651	3651	and remedies conferred by this chapter are cumulative of other
3652	3652	rights and remedies to which a person interested in the estate may
3653	3653	be entitled under law.
3654	3654	Sec. 405.012. CLOSING PROCEDURES NOT REQUIRED. An
3655	3655	independent executor is not required to close the independent
3656	3656	administration of an estate under Section 405.003 or Sections
3657	3657	405.004 through 405.007.
3658	3658	SECTION 2.53. (a) Sections 202.003 and 352.003, Estates
3659	3659	Code, as effective January 1, 2014, are repealed.
3660	3660	(b) The following sections of the Texas Probate Code are
3661	3661	repealed:
3662	3662	(1) Sections 4D, 4H, 48, 49, 59, 64, 67, 84, 222, 241,
3663	3663	250, 260, 436, 439, 452, 471, 472, and 473, as amended by Article 1
3664	3664	of this Act; and
3665	3665	(2) Sections 6A, 6B, 6C, 6D, 8A, 8B, 145A, 145B, and
3666	3666	145C, as added by Article 1 of this Act.
3667	3667	(c) Notwithstanding the transfer of Sections 6 and 8, Texas
3668	3668	Probate Code, to the Estates Code and redesignation as Sections 6
3669	3669	and 8 of that code effective January 1, 2014, by Section 2, Chapter
3670	3670	680 (H.B. 2502), Acts of the 81st Legislature, Regular Session,
3671	3671	2009, Sections 6 and 8, Texas Probate Code, as amended by Article 1
3672	3672	of this Act, are repealed.
3673	3673	(d) Notwithstanding the transfer of Sections 145 through
3674	3674	154A, Texas Probate Code, to the Estates Code and redesignation as
3675	3675	Sections 145 through 154A of that code effective January 1, 2014, by
3676	3676	Section 3, Chapter 680 (H.B. 2502), Acts of the 81st Legislature,
3677	3677	Regular Session, 2009, the following sections are repealed:
3678	3678	(1) Sections 145, 146, 149B, and 151, Texas Probate
3679	3679	Code, as amended by Article 1 of this Act; and
3680	3680	(2) Sections 147, 148, 149, 149A, 149C, 149D, 149E,
3681	3681	149F, 149G, 150, 152, 153, 154, and 154A, Texas Probate Code.
3682	3682	SECTION 2.54. This article takes effect January 1, 2014.
3683	3683	ARTICLE 3. CONFLICTS; EFFECTIVE DATE
3684	3684	SECTION 3.01. To the extent of any conflict, this Act
3685	3685	prevails over another Act of the 82nd Legislature, Regular Session,
3686	3686	2011, relating to nonsubstantive additions to and corrections in
3687	3687	enacted codes.
3688	3688	SECTION 3.02. Except as otherwise provided by this Act,
3689	3689	this Act takes effect September 1, 2011.