Texas 2011 - 82nd Regular

Texas House Bill HB2899 Compare Versions

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1	1	By: Hartnett (Senate Sponsor - Harris) H.B. No. 2899
2	2	(In the Senate - Received from the House May 6, 2011;
3	3	May 9, 2011, read first time and referred to Committee on
4	4	Jurisprudence; May 19, 2011, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to decedents' estates.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. AMENDMENTS TO TEXAS PROBATE CODE
13	13	SECTION 1.01. Section 34A, Texas Probate Code, is amended
14	14	to read as follows:
15	15	Sec. 34A. ATTORNEYS AD LITEM. (a) Except as provided by
16	16	Section 53(c) of this code, the judge of a probate court may appoint
17	17	an attorney ad litem in any probate proceeding to represent the
18	18	interests of:
19	19	(1) a person having a legal disability;
20	20	(2) [,] a nonresident;
21	21	(3) [,] an unborn or unascertained person;
22	22	(4) [, or] an unknown or missing heir; or
23	23	(5) an unknown or missing person entitled to property
24	24	deposited in an account in the court's registry under Section
25	25	408(b) of this code [in any probate proceeding].
26	26	(b) Subject to Subsection (c) of this section, an [Each]
27	27	attorney ad litem appointed under this section is entitled to
28	28	reasonable compensation for services in the amount set by the
29	29	court. The court shall:
30	30	(1) tax the compensation [and to be taxed] as costs in
31	31	the probate proceeding; or
32	32	(2) for an attorney ad litem appointed to represent
33	33	the interests of an unknown or missing person described by
34	34	Subsection (a)(5) of this section, order that the compensation be
35	35	paid from money in the account described by that subdivision.
36	36	(c) The court order appointing an attorney ad litem to
37	37	represent the interests of an unknown or missing person described
38	38	by Subsection (a)(5) of this section must require the attorney ad
39	39	litem to conduct a search for the person. Compensation paid under
40	40	Subsection (b) of this section to the attorney ad litem may not
41	41	exceed 10 percent of the amount on deposit in the account described
42	42	by Subsection (a)(5) of this section on the date:
43	43	(1) the attorney ad litem reports to the court the
44	44	location of the previously unknown or missing person; or
45	45	(2) the money in the account is paid to the comptroller
46	46	as provided by Section 427 of this code.
47	47	SECTION 1.02. Section 48, Texas Probate Code, is amended by
48	48	adding Subsection (d) to read as follows:
49	49	(d) Notwithstanding Section 16.051, Civil Practice and
50	50	Remedies Code, a proceeding to declare heirship of a decedent may be
51	51	brought at any time after the decedent's death.
52	52	SECTION 1.03. Section 49(a), Texas Probate Code, is amended
53	53	to read as follows:
54	54	(a) Such proceedings may be instituted and maintained in any
55	55	of the instances enumerated above by the qualified personal
56	56	representative of the estate of such decedent, by any person or
57	57	persons claiming to be a secured or unsecured creditor or the owner
58	58	of the whole or a part of the estate of such decedent, or by the
59	59	guardian of the estate of a ward, if the proceedings are instituted
60	60	and maintained in the probate court in which the proceedings for the
61	61	guardianship of the estate were pending at the time of the death of
62	62	the ward. In such a case an application shall be filed in a proper
63	63	court stating the following information:
64	64	(1) the name of the decedent and the time and place of
65	65	death;
66	66	(2) the names and residences of the decedent's heirs,
67	67	the relationship of each heir to the decedent, and the true interest
68	68	of the applicant and each of the heirs in the estate of the
69	69	decedent;
70	70	(3) all the material facts and circumstances within
71	71	the knowledge and information of the applicant that might
72	72	reasonably tend to show the time or place of death or the names or
73	73	residences of all heirs, if the time or place of death or the names
74	74	or residences of all the heirs are not definitely known to the
75	75	applicant;
76	76	(4) a statement that all children born to or adopted by
77	77	the decedent have been listed;
78	78	(5) a statement that each marriage of the decedent has
79	79	been listed with the date of the marriage, the name of the spouse,
80	80	and if the marriage was terminated, the date and place of
81	81	termination, and other facts to show whether a spouse has had an
82	82	interest in the property of the decedent;
83	83	(6) whether the decedent died testate and if so, what
84	84	disposition has been made of the will;
85	85	(7) a general description of all the real and personal
86	86	property belonging to the estate of the decedent; and
87	87	(8) an explanation for the omission of any of the
88	88	foregoing information that is omitted from the application.
89	89	SECTION 1.04. Sections 53C(a) and (b), Texas Probate Code,
90	90	are amended to read as follows:
91	91	(a) This section applies in a proceeding to declare heirship
92	92	of a decedent only with respect to an individual who[:
93	93	[(1) petitions the court for a determination of right
94	94	of inheritance as authorized by Section 42(b) of this code; and
95	95	[(2)] claims to be a biological child of the
96	96	decedent[, but with respect to whom a parent-child relationship
97	97	with the decedent was not established as provided by Section
98	98	160.201, Family Code,] or [who] claims inheritance through a
99	99	biological child of the decedent[, if a parent-child relationship
100	100	between the individual through whom the inheritance is claimed and
101	101	the decedent was not established as provided by Section 160.201,
102	102	Family Code].
103	103	(b) The presumption under Section 160.505, Family Code,
104	104	that applies in establishing a parent-child relationship also
105	105	applies in determining heirship in the probate court using the
106	106	results of genetic testing ordered with respect to an individual
107	107	described by Subsection (a) of this section, and the presumption
108	108	may be rebutted in the same manner provided by Section 160.505,
109	109	Family Code. [Unless the results of genetic testing of another
110	110	individual who is an heir of the decedent are admitted as rebuttal
111	111	evidence, the court shall find that the individual described by
112	112	Subsection (a) of this section is an heir of the decedent if the
113	113	results of genetic testing ordered under Section 53A of this
114	114	chapter identify a tested individual who is an heir of the decedent
115	115	as the ancestor of the individual described by Subsection (a) of
116	116	this section.]
117	117	SECTION 1.05. Section 77, Texas Probate Code, is amended to
118	118	read as follows:
119	119	Sec. 77. ORDER OF PERSONS QUALIFIED TO SERVE. Letters
120	120	testamentary or of administration shall be granted to persons who
121	121	are qualified to act, in the following order:
122	122	(a) To the person named as executor in the will of the
123	123	deceased.
124	124	(b) To the surviving husband or wife.
125	125	(c) To the principal devisee or legatee of the testator.
126	126	(d) To any devisee or legatee of the testator.
127	127	(e) To the next of kin of the deceased, the nearest in order
128	128	of descent first, and so on, and next of kin includes a person and
129	129	his descendants who legally adopted the deceased or who have been
130	130	legally adopted by the deceased.
131	131	(f) To a creditor of the deceased.
132	132	(g) To any person of good character residing in the county
133	133	who applies therefor.
134	134	(h) To any other person not disqualified under the following
135	135	section [Section]. When persons [applicants] are equally entitled,
136	136	letters shall be granted to the person [applicant] who, in the
137	137	judgment of the court, is most likely to administer the estate
138	138	advantageously, or letters [they] may be granted to [any] two or
139	139	more of those persons [such applicants].
140	140	SECTION 1.06. Section 83(a), Texas Probate Code, is amended
141	141	to read as follows:
142	142	(a) Where Original Application Has Not Been Heard. If, after
143	143	an application for the probate of a will or for the appointment of a
144	144	general personal representative has been filed, and before such
145	145	application has been heard, an application for the probate of a will
146	146	of the decedent, not theretofore presented for probate, is filed,
147	147	the court shall hear both applications together and determine what
148	148	instrument, if any, should be admitted to probate, or whether the
149	149	decedent died intestate. The court may not sever or bifurcate the
150	150	proceeding on the applications.
151	151	SECTION 1.07. Section 149C, Texas Probate Code, is amended
152	152	by amending Subsection (a) and adding Subsections (a-1) and (a-2)
153	153	to read as follows:
154	154	(a) The [county] court, [as that term is defined by Section
155	155	3 of this code,] on its own motion or on motion of any interested
156	156	person, after the independent executor has been cited by personal
157	157	service to answer at a time and place fixed in the notice, may
158	158	remove an independent executor when:
159	159	(1) the independent executor fails to return within
160	160	ninety days after qualification, unless such time is extended by
161	161	order of the court, an inventory of the property of the estate and
162	162	list of claims that have come to the independent executor's
163	163	knowledge;
164	164	(2) sufficient grounds appear to support belief that
165	165	the independent executor has misapplied or embezzled, or that the
166	166	independent executor is about to misapply or embezzle, all or any
167	167	part of the property committed to the independent executor's care;
168	168	(3) the independent executor fails to make an
169	169	accounting which is required by law to be made;
170	170	(4) the independent executor fails to timely file the
171	171	affidavit or certificate required by Section 128A of this code;
172	172	(5) the independent executor is proved to have been
173	173	guilty of gross misconduct or gross mismanagement in the
174	174	performance of the independent executor's duties; or
175	175	(6) the independent executor becomes an incapacitated
176	176	person, or is sentenced to the penitentiary, or from any other cause
177	177	becomes incapable of [legally incapacitated from] properly
178	178	performing the independent executor's fiduciary duties.
179	179	(a-1) The court, on its own motion or on the motion of any
180	180	interested person, and after the independent executor has been
181	181	cited by certified mail, return receipt requested, to answer at a
182	182	time and place stated in the citation, may remove an independent
183	183	executor who is appointed under the provisions of this code if the
184	184	independent executor:
185	185	(1) subject to Subsection (a-2)(1) of this section,
186	186	fails to qualify in the manner and period required by law;
187	187	(2) subject to Subsection (a-2)(2) of this section,
188	188	fails to return not later than the 90th day after the date the
189	189	independent executor qualifies an inventory of the estate property
190	190	and a list of claims that have come to the independent executor's
191	191	knowledge, unless the period is extended by court order;
192	192	(3) cannot be served with notices or other processes
193	193	because the:
194	194	(A) independent executor's location is unknown;
195	195	(B) independent executor is eluding service; or
196	196	(C) independent executor is a nonresident of this
197	197	state who does not have a resident agent to accept service of
198	198	process in a probate proceeding or other action relating to the
199	199	estate; or
200	200	(4) subject to Subsection (a-2)(3) of this section,
201	201	has misapplied, embezzled, or removed from the state, or is about to
202	202	misapply, embezzle, or remove from the state, all or any part of the
203	203	property committed to the independent executor's care.
204	204	(a-2) The court may remove an independent executor:
205	205	(1) under Subsection (a-1)(1) of this section only if
206	206	the independent executor fails to qualify on or before the 30th day
207	207	after the date the court sends a notice by certified mail, return
208	208	receipt requested, to the independent executor's last known address
209	209	and to the last known address of the independent executor's
210	210	attorney, notifying the independent executor and attorney of the
211	211	court's intent to remove the independent executor for failure to
212	212	qualify in the manner and period required by law;
213	213	(2) under Subsection (a-1)(2) of this section only if
214	214	the independent executor fails to file an inventory and list of
215	215	claims as required by law on or before the 30th day after the date
216	216	the court sends a notice by certified mail, return receipt
217	217	requested, to the independent executor's last known address and to
218	218	the last known address of the independent executor's attorney,
219	219	notifying the independent executor and attorney of the court's
220	220	intent to remove the independent executor for failure to file the
221	221	inventory and list of claims; and
222	222	(3) under Subsection (a-1)(4) of this section only on
223	223	presentation of clear and convincing evidence given under oath of
224	224	the misapplication, embezzlement, or removal from this state of
225	225	property as described by that subdivision.
226	226	SECTION 1.08. Part 1, Chapter VIII, Texas Probate Code, is
227	227	amended by adding Section 254 to read as follows:
228	228	Sec. 254. PENALTY FOR FAILURE TO TIMELY FILE INVENTORY,
229	229	APPRAISEMENT, AND LIST OF CLAIMS. (a) This section applies only to
230	230	a personal representative, including an independent executor or
231	231	administrator, who does not file an inventory, appraisement, and
232	232	list of claims within the period prescribed by Section 250 of this
233	233	code or any extension granted by the court.
234	234	(b) Any person interested in the estate on written
235	235	complaint, or the court on the court's own motion, may have a
236	236	personal representative to whom this section applies cited to file
237	237	the inventory, appraisement, and list of claims and show cause for
238	238	the failure to timely file.
239	239	(c) If the personal representative does not file the
240	240	inventory, appraisement, and list of claims after being cited or
241	241	does not show good cause for the failure to timely file, the court
242	242	on hearing may fine the representative in an amount not to exceed
243	243	$1,000.
244	244	(d) The personal representative and the representative's
245	245	sureties, if any, are liable for any fine imposed under this section
246	246	and for all damages and costs sustained by the representative's
247	247	failure. The fine, damages, and costs may be recovered in any court
248	248	of competent jurisdiction.
249	249	SECTION 1.09. Section 407, Texas Probate Code, is amended
250	250	to read as follows:
251	251	Sec. 407. CITATION AND NOTICE UPON PRESENTATION OF ACCOUNT
252	252	FOR FINAL SETTLEMENT. Upon the filing of an account for final
253	253	settlement by temporary or permanent personal representatives of
254	254	the estates of decedents, citation shall contain a statement that
255	255	such final account has been filed, the time and place when it will
256	256	be considered by the court, and a statement requiring the person or
257	257	persons cited to appear and contest the same if they see proper.
258	258	Such citation shall be issued by the county clerk to the persons and
259	259	in the manner set out below.
260	260	1. Citation [In case of the estates of deceased
261	261	persons, notice] shall be given [by the personal representative] to
262	262	each heir or beneficiary of the decedent by certified mail, return
263	263	receipt requested, unless another method of service [type of
264	264	notice] is directed by the court by written order. The citation
265	265	[notice] must include a copy of the account for final settlement.
266	266	2. If the court deems further additional notice
267	267	necessary, it shall require the same by written order. In its
268	268	discretion, the court may allow the waiver of citation [notice] of
269	269	an account for final settlement in a proceeding concerning a
270	270	decedent's estate.
271	271	SECTION 1.10. Sections 408(b), (c), and (d), Texas Probate
272	272	Code, are amended to read as follows:
273	273	(b) Distribution of Remaining Property. Upon final
274	274	settlement of an estate, if there be any of such estate remaining in
275	275	the hands of the personal representative, the court shall order
276	276	that a partition and distribution be made among the persons
277	277	entitled to receive such estate. The court shall order the
278	278	representative to deposit in an account in the court's registry any
279	279	remaining estate property that is money and to which a person who is
280	280	unknown or missing is entitled. In addition, the court shall order
281	281	the representative to sell, on terms the court determines are best,
282	282	remaining estate property that is not money and to which a person
283	283	who is unknown or missing is entitled. The court shall order the
284	284	representative to deposit the sale proceeds in an account in the
285	285	court's registry. The court shall hold money deposited in an
286	286	account under this subsection until the court renders:
287	287	(1) an order requiring money in the account to be paid
288	288	to the previously unknown or missing person who is entitled to the
289	289	money; or
290	290	(2) another order regarding the disposition of the
291	291	money.
292	292	(c) Discharge of Representative When No Property Remains.
293	293	If, upon such settlement, there be none of the estate remaining in
294	294	the hands of the representative, the representative [he] shall be
295	295	discharged from the representative's [his] trust and the estate
296	296	ordered closed.
297	297	(d) Discharge When Estate Fully Administered. Whenever the
298	298	representative of an estate has fully administered the same in
299	299	accordance with this code [Code] and the orders of the court, and
300	300	the representative's [his] final account has been approved, and the
301	301	representative [he] has delivered all of said estate remaining in
302	302	the representative's [his] hands to the person or persons entitled
303	303	to receive the same, it shall be the duty of the court to enter an
304	304	order discharging such representative from the representative's
305	305	[his] trust, and declaring the estate closed.
306	306	SECTION 1.11. Section 427, Texas Probate Code, is amended
307	307	to read as follows:
308	308	Sec. 427. WHEN ESTATES TO BE PAID INTO STATE TREASURY. If
309	309	any person entitled to a portion of an estate, except a resident
310	310	minor without a guardian, does [shall] not demand the person's
311	311	[his] portion, including any portion deposited in an account in the
312	312	court's registry under Section 408(b) of this code, from the
313	313	executor or administrator within six months after an order of court
314	314	approving the report of commissioners of partition, or within six
315	315	months after the settlement of the final account of an executor or
316	316	administrator, as the case may be, the court by written order shall
317	317	require the executor or administrator to pay so much of said portion
318	318	as is in money to the comptroller; and such portion as is in other
319	319	property the court [he] shall order the executor or administrator
320	320	to sell on such terms as the court thinks best, and, when the
321	321	proceeds of such sale are collected, the court shall order the same
322	322	to be paid to the comptroller, in all such cases allowing the
323	323	executor or administrator reasonable compensation for the
324	324	executor's or administrator's [his] services. A suit to recover
325	325	proceeds of the sale is governed by Section 433 of this code [Code].
326	326	SECTION 1.12. Sections 29 and 53C(c), Texas Probate Code,
327	327	are repealed.
328	328	SECTION 1.13. (a) Except as otherwise provided by this
329	329	section, the changes in law made by this article apply to the estate
330	330	of a decedent that is pending or commenced on or after September 1,
331	331	2011, regardless of the date of the decedent's death.
332	332	(b) The changes in law made by this article to Section
333	333	49(a), Texas Probate Code, apply only to an application for
334	334	determination of heirship filed on or after September 1, 2011. An
335	335	application for determination of heirship filed before that date is
336	336	governed by the law in effect on the date the application was filed,
337	337	and the former law is continued in effect for that purpose.
338	338	(c) The changes in law made by this article to Section 77,
339	339	Texas Probate Code, apply only to an application for the grant of
340	340	letters testamentary or of administration of a decedent's estate
341	341	filed on or after September 1, 2011. An application for the grant
342	342	of letters testamentary or of administration of a decedent's estate
343	343	filed before that date is governed by the law in effect on the date
344	344	the application was filed, and the former law is continued in effect
345	345	for that purpose.
346	346	(d) The changes in law made by this article to Section
347	347	83(a), Texas Probate Code, apply only to an application for the
348	348	probate of a will or administration of the estate of a decedent that
349	349	is pending or filed on or after September 1, 2011.
350	350	(e) The changes in law made by this article to Sections
351	351	53C(a) and (b), Texas Probate Code, apply only to a proceeding to
352	352	declare heirship commenced on or after September 1, 2011. A
353	353	proceeding to declare heirship commenced before that date is
354	354	governed by the law in effect on the date the proceeding was
355	355	commenced, and the former law is continued in effect for that
356	356	purpose.
357	357	ARTICLE 2. AMENDMENTS TO ESTATES CODE
358	358	SECTION 2.01. Section 53.104, Estates Code, as effective
359	359	January 1, 2014, is amended to read as follows:
360	360	Sec. 53.104. APPOINTMENT OF ATTORNEYS AD LITEM. (a) Except
361	361	as provided by Section 202.009(b), the judge of a probate court may
362	362	appoint an attorney ad litem in any probate proceeding to represent
363	363	the interests of:
364	364	(1) a person who has a legal disability;
365	365	(2) a nonresident;
366	366	(3) an unborn or unascertained person; [or]
367	367	(4) an unknown or missing heir; or
368	368	(5) an unknown or missing person entitled to property
369	369	deposited in an account in the court's registry under Section
370	370	362.011(b).
371	371	(b) Subject to Subsection (c), an [An] attorney ad litem
372	372	appointed under this section is entitled to reasonable compensation
373	373	for services provided in the amount set by the court. The court
374	374	shall:
375	375	(1) tax the compensation[, to be taxed] as costs in the
376	376	probate proceeding; or
377	377	(2) for an attorney ad litem appointed to represent
378	378	the interests of an unknown or missing person described by
379	379	Subsection (a)(5), order that the compensation be paid from money
380	380	in the account described by that subdivision.
381	381	(c) The court order appointing an attorney ad litem to
382	382	represent the interests of an unknown or missing person described
383	383	by Subsection (a)(5) must require the attorney ad litem to conduct a
384	384	search for the person. Compensation paid under Subsection (b) to
385	385	the attorney ad litem may not exceed 10 percent of the amount on
386	386	deposit in the account described by Subsection (a)(5) on the date:
387	387	(1) the attorney ad litem reports to the court the
388	388	location of the previously unknown or missing person; or
389	389	(2) the money in the account is paid to the comptroller
390	390	as provided by Section 551.001.
391	391	SECTION 2.02. Subchapter A, Chapter 202, Estates Code, as
392	392	effective January 1, 2014, is amended by adding Section 202.0025 to
393	393	read as follows:
394	394	Sec. 202.0025. ACTION BROUGHT AFTER DECEDENT'S DEATH.
395	395	Notwithstanding Section 16.051, Civil Practice and Remedies Code, a
396	396	proceeding to declare heirship of a decedent may be brought at any
397	397	time after the decedent's death.
398	398	SECTION 2.03. Section 202.004, Estates Code, as effective
399	399	January 1, 2014, is amended to read as follows:
400	400	Sec. 202.004. PERSONS WHO MAY COMMENCE PROCEEDING TO
401	401	DECLARE HEIRSHIP. A proceeding to declare heirship of a decedent
402	402	may be commenced and maintained under a circumstance specified by
403	403	Section 202.002 by:
404	404	(1) the personal representative of the decedent's
405	405	estate;
406	406	(2) a person claiming to be a secured or unsecured
407	407	creditor or the owner of all or part of the decedent's estate; or
408	408	(3) if the decedent was a ward with respect to whom a
409	409	guardian of the estate had been appointed, the guardian of the
410	410	estate, provided that the proceeding is commenced and maintained in
411	411	the probate court in which the proceedings for the guardianship of
412	412	the estate were pending at the time of the decedent's death.
413	413	SECTION 2.04. Sections 204.151 and 204.152, Estates Code,
414	414	as effective January 1, 2014, are amended to read as follows:
415	415	Sec. 204.151. APPLICABILITY OF SUBCHAPTER. This subchapter
416	416	applies in a proceeding to declare heirship of a decedent only with
417	417	respect to an individual who[:
418	418	[(1) petitions the court for a determination of right
419	419	of inheritance as authorized by Section 201.052(c); and
420	420	[(2)] claims[:
421	421	[(A)] to be a biological child of the decedent or
422	422	claims[, but with respect to whom a parent-child relationship with
423	423	the decedent was not established as provided by Section 160.201,
424	424	Family Code; or
425	425	[(B)] to inherit through a biological child of
426	426	the decedent[, if a parent-child relationship between the
427	427	individual through whom the inheritance is claimed and the decedent
428	428	was not established as provided by Section 160.201, Family Code].
429	429	Sec. 204.152. PRESUMPTION; [REQUIRED FINDINGS IN ABSENCE
430	430	OF] REBUTTAL [EVIDENCE]. The presumption under Section 160.505,
431	431	Family Code, that applies in establishing a parent-child
432	432	relationship also applies in determining heirship in the probate
433	433	court using the results of genetic testing ordered with respect to
434	434	an individual described by Section 204.151, and the presumption may
435	435	be rebutted in the same manner provided by Section 160.505, Family
436	436	Code. [Unless the results of genetic testing of another individual
437	437	who is an heir of the decedent who is the subject of a proceeding to
438	438	declare heirship to which this subchapter applies are admitted as
439	439	rebuttal evidence, the court shall find that the individual
440	440	described by Section 204.151:
441	441	[(1) is an heir of the decedent, if the results of
442	442	genetic testing ordered under Subchapter B identify a tested
443	443	individual who is an heir of the decedent as the ancestor of the
444	444	individual described by Section 204.151; or
445	445	[(2) is not an heir of the decedent, if the results of
446	446	genetic testing ordered under Subchapter B exclude a tested
447	447	individual who is an heir of the decedent as the ancestor of the
448	448	individual described by Section 204.151.]
449	449	SECTION 2.05. Section 256.101, Estates Code, as effective
450	450	January 1, 2014, is amended to read as follows:
451	451	Sec. 256.101. PROCEDURE ON FILING OF SECOND APPLICATION
452	452	WHEN ORIGINAL APPLICATION HAS NOT BEEN HEARD. (a) If, after an
453	453	application for the probate of a decedent's will or the appointment
454	454	of a personal representative for the decedent's estate has been
455	455	filed but before the application is heard, an application is filed
456	456	for the probate of a will of the same decedent that has not
457	457	previously been presented for probate, the court shall:
458	458	(1) hear both applications together; and
459	459	(2) determine:
460	460	(A) if both applications are for the probate of a
461	461	will, which will should be admitted to probate, if either, or
462	462	whether the decedent died intestate; or
463	463	(B) if only one application is for the probate of
464	464	a will, whether the will should be admitted to probate or whether
465	465	the decedent died intestate.
466	466	(b) The court may not sever or bifurcate the proceeding on
467	467	the applications described in Subsection (a).
468	468	SECTION 2.06. Section 304.001(c), Estates Code, as
469	469	effective January 1, 2014, is amended to read as follows:
470	470	(c) If persons [applicants for letters testamentary or of
471	471	administration] are equally entitled to letters testamentary or of
472	472	administration [the letters], the court:
473	473	(1) shall grant the letters to the person [applicant]
474	474	who, in the judgment of the court, is most likely to administer the
475	475	estate advantageously; or
476	476	(2) may grant the letters to two or more of those
477	477	persons [applicants].
478	478	SECTION 2.07. Subchapter B, Chapter 309, Estates Code, as
479	479	effective January 1, 2014, is amended by adding Section 309.056 to
480	480	read as follows:
481	481	Sec. 309.056. PENALTY FOR FAILURE TO TIMELY FILE INVENTORY,
482	482	APPRAISEMENT, AND LIST OF CLAIMS. (a) This section applies only to
483	483	a personal representative, including an independent executor or
484	484	administrator, who does not file an inventory, appraisement, and
485	485	list of claims within the period prescribed by Section 309.051 or
486	486	any extension granted by the court.
487	487	(b) Any person interested in the estate on written
488	488	complaint, or the court on the court's own motion, may have a
489	489	personal representative to whom this section applies cited to file
490	490	the inventory, appraisement, and list of claims and show cause for
491	491	the failure to timely file.
492	492	(c) If the personal representative does not file the
493	493	inventory, appraisement, and list of claims after being cited or
494	494	does not show good cause for the failure to timely file, the court
495	495	on hearing may fine the representative in an amount not to exceed
496	496	$1,000.
497	497	(d) The personal representative and the representative's
498	498	sureties, if any, are liable for any fine imposed under this section
499	499	and for all damages and costs sustained by the representative's
500	500	failure. The fine, damages, and costs may be recovered in any court
501	501	of competent jurisdiction.
502	502	SECTION 2.08. Section 362.005, Estates Code, as effective
503	503	January 1, 2014, is amended to read as follows:
504	504	Sec. 362.005. CITATION AND NOTICE ON PRESENTATION OF
505	505	ACCOUNT. (a) On the presentation of an account for final settlement
506	506	by a temporary or permanent personal representative, the county
507	507	clerk shall issue citation to the persons and in the manner provided
508	508	by Subsection (b) [Subsections (c) and (d)].
509	509	(b) Citation issued under Subsection (a) must:
510	510	(1) contain:
511	511	(A) [(1)] a statement that an account for final
512	512	settlement has been presented;
513	513	(B) [(2)] the time and place the court will
514	514	consider the account; [and]
515	515	(C) [(3)] a statement requiring the person cited
516	516	to appear and contest the account, if the person wishes to contest
517	517	the account; and
518	518	(D) a copy of the account for final settlement;
519	519	and
520	520	(2) be given[.
521	521	[(c) The personal representative shall give notice] to each
522	522	heir or beneficiary of the decedent by certified mail, return
523	523	receipt requested, unless the court by written order directs
524	524	another method of service [type of notice] to be given[. The notice
525	525	must include a copy of the account for final settlement].
526	526	(c) [(d)] The court by written order shall require
527	527	additional notice if the court considers the additional notice
528	528	necessary.
529	529	(d) [(e)] The court may allow the waiver of citation
530	530	[notice] of an account for final settlement in a proceeding
531	531	concerning a decedent's estate.
532	532	SECTION 2.09. Section 362.011, Estates Code, as effective
533	533	January 1, 2014, is amended to read as follows:
534	534	Sec. 362.011. PARTITION AND DISTRIBUTION OF ESTATE; DEPOSIT
535	535	IN COURT'S REGISTRY. (a) If, on final settlement of an estate, any
536	536	of the estate remains in the personal representative's possession,
537	537	the court shall order that a partition and distribution be made
538	538	among the persons entitled to receive that part of the estate.
539	539	(b) The court shall order the personal representative to
540	540	deposit in an account in the court's registry any remaining estate
541	541	property that is money and to which a person who is unknown or
542	542	missing is entitled. In addition, the court shall order the
543	543	representative to sell, on terms the court determines are best,
544	544	remaining estate property that is not money and to which a person
545	545	who is unknown or missing is entitled. The court shall order the
546	546	representative to deposit the sale proceeds in an account in the
547	547	court's registry. The court shall hold money deposited in an
548	548	account under this subsection until the court renders:
549	549	(1) an order requiring money in the account to be paid
550	550	to the previously unknown or missing person who is entitled to the
551	551	money; or
552	552	(2) another order regarding the disposition of the
553	553	money.
554	554	SECTION 2.10. Section 551.001(a), Estates Code, as
555	555	effective January 1, 2014, is amended to read as follows:
556	556	(a) The court, by written order, shall require the executor
557	557	or administrator of an estate to pay to the comptroller as provided
558	558	by this subchapter the share of that estate of a person entitled to
559	559	that share who does not demand the share, including any portion
560	560	deposited in an account in the court's registry under Section
561	561	362.011(b), from the executor or administrator within six months
562	562	after the date of, as applicable:
563	563	(1) a court order approving the report of the
564	564	commissioners of partition made under Section 360.154; or
565	565	(2) the settlement of the final account of the
566	566	executor or administrator.
567	567	SECTION 2.11. The following are repealed:
568	568	(1) the changes in law made by Article 1 of this Act to
569	569	Sections 34A, 49(a), 53C(a) and (b), 77, 83(a), 407, 408(b), (c),
570	570	and (d), and 427, Texas Probate Code;
571	571	(2) Sections 48(d) and 254, Texas Probate Code, as
572	572	added by Article 1 of this Act; and
573	573	(3) Section 351.002, Estates Code, as effective
574	574	January 1, 2014.
575	575	SECTION 2.12. This article takes effect January 1, 2014.
576	576	ARTICLE 3. GENERAL EFFECTIVE DATE
577	577	SECTION 3.01. Except as otherwise provided by this Act,
578	578	this Act takes effect September 1, 2011.
579	579	* * * * *