82R5773 MTB-F
By: Wentworth S.B. No. 960
A BILL TO BE ENTITLED
AN ACT
relating to the waiver of the disqualification of a convicted felon
from serving as independent executor of a decedent's estate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CHANGES TO TEXAS PROBATE CODE
SECTION 1.01. Section 78, Texas Probate Code, is amended to
read as follows:
Sec. 78. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR
ADMINISTRATOR. Except as provided by Section 78A of this code, no
[No] person is qualified to serve as an executor or administrator
who is:
(a) An incapacitated person;
(b) A convicted felon, under the laws either of the
United States or of any state or territory of the United States, or
of the District of Columbia, unless such person has been duly
pardoned, or his civil rights restored, in accordance with law;
(c) A non-resident (natural person or corporation) of
this State who has not appointed a resident agent to accept service
of process in all actions or proceedings with respect to the estate,
and caused such appointment to be filed with the court;
(d) A corporation not authorized to act as a fiduciary
in this State; or
(e) A person whom the court finds unsuitable.
SECTION 1.02. Part 1, Chapter V, Texas Probate Code, is
amended by adding Section 78A to read as follows:
Sec. 78A. WAIVER OF DISQUALIFICATION. (a) This section
applies only to a person who:
(1) is a felon convicted under the laws of the United
States or of any state of the United States; and
(2) has not, in accordance with law, been pardoned or
had the person's civil rights restored.
(b) A person is not disqualified from serving as independent
executor of a decedent's estate under Section 78(b) of this code if:
(1) the person is named as executor in the decedent's
will and the will provides for independent administration as
provided in Section 145(b) of this code;
(2) the decedent waives the person's disqualification
under Section 78(b) of this code in the decedent's will; and
(3) the person is otherwise qualified to serve as an
executor under Section 78 of this code.
SECTION 1.03. Section 78, Texas Probate Code, as amended by
this article, and Section 78A, Texas Probate Code, as added by this
article, apply only to the estate of a decedent who dies on or after
the effective date of this article. The estate of a decedent who
dies before the effective date of this article 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.
ARTICLE 2. CHANGES TO ESTATES CODE
SECTION 2.01. Section 304.003, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR
ADMINISTRATOR. Except as provided by Section 304.004, a [A] person
is not qualified to serve as an executor or administrator if the
person is:
(1) incapacitated;
(2) a felon convicted under the laws of the United
States or of any state of the United States unless, in accordance
with law, the person has been pardoned or has had the person's civil
rights restored;
(3) a nonresident of this state who:
(A) is a natural person or corporation; and
(B) has not:
(i) appointed a resident agent to accept
service of process in all actions or proceedings with respect to the
estate; or
(ii) had that appointment filed with the
court;
(4) a corporation not authorized to act as a fiduciary
in this state; or
(5) a person whom the court finds unsuitable.
SECTION 2.02. Chapter 304, Estates Code, as effective
January 1, 2014, is amended by adding Section 304.004 to read as
follows:
Sec. 304.004. WAIVER OF DISQUALIFICATION. (a) This section
applies only to a person who:
(1) is a felon convicted under the laws of the United
States or of any state of the United States; and
(2) has not, in accordance with law, been pardoned or
had the person's civil rights restored.
(b) A person is not disqualified from serving as independent
executor of a decedent's estate under Section 304.003(2) if:
(1) the person is named as executor in the decedent's
will and the will provides for independent administration as
provided in Section 145(b);
(2) the decedent waives the person's disqualification
under Section 304.003(2) in the decedent's will; and
(3) the person is otherwise qualified to serve as an
executor under Section 304.003.
SECTION 2.03. Section 78, Texas Probate Code, as amended by
Article 1 of this Act, and Section 78A, Texas Probate Code, as added
by Article 1 of this Act, are repealed.
SECTION 2.04. This article takes effect January 1, 2014.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2011.