82R4 CLG-F
By: Paxton H.B. No. 3330
A BILL TO BE ENTITLED
AN ACT
relating to the inventory and appraisement requirement of personal
representatives of decedents' estates pending in a statutory
probate court in Collin County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0453, Government Code, is amended by
adding Subsections (g), (h), (i), (j), and (k) to read as follows:
(g) Notwithstanding Section 250, Texas Probate Code, the
judge of a statutory probate court may waive the requirement of the
personal representative of a decedent's estate to make and file an
inventory and appraisement of the estate:
(1) on proof that there are no unpaid debts owing by
the estate, excluding debts adequately secured by liens on the
property; and
(2) on receipt of the sworn written consent of:
(A) each beneficiary of the decedent's will and,
in the case of partial intestacy, each heir of the decedent; or
(B) each heir of the decedent, if the decedent
dies intestate.
(h) For purposes of Subsection (g)(1), proof that there are
no unpaid debts may be established by:
(1) an affidavit of the personal representative filed
with the court;
(2) the sworn testimony of the personal representative
before the court; or
(3) any other manner the judge may require.
(i) The judge of a statutory probate court who waives the
requirement of the filing of an inventory and appraisement under
Subsection (g) may reinstate that requirement at any time. A
beneficiary or heir who consents under Subsection (g)(2) may revoke
that consent at any time by serving notice of that intent on the
personal representative of the decedent's estate. The personal
representative shall then make and file an inventory and
appraisement in accordance with Section 250, Texas Probate Code,
not later than the 90th day after the date of receiving the notice.
(j) For purposes of Subsection (g)(2)(A), consent for the
waiver with respect to a beneficiary described by Section
128A(c)(1), (2), or (3), Texas Probate Code, may be given by the
person designated to receive notice for the beneficiary under that
subdivision.
(k) In this section:
(1) "Beneficiary" has the meaning assigned by Section
128A(a), Texas Probate Code.
(2) "Estate," "heirs," and "personal representative"
have the meanings assigned those terms by Section 3, Texas Probate
Code.
SECTION 2. Sections 25.0453(g)-(k), Government Code, as
added by this Act, apply only to the estate of a decedent who dies on
or after the effective date of this Act. The estate of a decedent
who dies before the effective date of this Act is governed by the
law in effect on the date of the decedent's death, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.