83R6408 MTB-F
By: Patrick H.B. No. 1755
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the appointment of a public probate
administrator; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 25, Government Code, is
amended by adding Section 25.00251 to read as follows:
Sec. 25.00251. PUBLIC PROBATE ADMINISTRATOR. (a) A
statutory probate court judge, with the concurrence of the
commissioners court, may appoint a public probate administrator for
the county in which the statutory probate court is located. One
person shall serve as the public probate administrator for all
statutory probate courts in the county unless the commissioners
court has authorized additional public probate administrators.
(b) If a county has more than one statutory probate court,
the presiding judges of all of the statutory probate courts located
in the county shall designate, by a majority vote, a specific
statutory probate court judge to appoint and administer the office
of the public probate administrator in that county. If the
statutory probate court judges cannot, by a majority vote,
determine which statutory probate court judge shall appoint and
administer the office of the public probate administrator in that
county, the chief presiding statutory probate court judge shall
cast the tiebreaking vote to decide which statutory probate court
judge shall appoint and administer the office of the public probate
administrator in that county.
(c) The public probate administrator may be a person, a
charitable organization, or any other suitable entity.
(d) The commissioners court shall set the compensation of
the public probate administrator.
(e) The public probate administrator, with the consent of
and at salaries set by the commissioners court, may employ
assistants, deputies, clerks, and any other employees as necessary
to carry out Chapter 455, Estates Code.
SECTION 2. Subtitle J, Title 2, Estates Code, as effective
January 1, 2014, is amended by adding Chapter 455 to read as
follows:
CHAPTER 455. PUBLIC PROBATE ADMINISTRATOR
Sec. 455.001. DEFINITION. In this chapter, "public probate
administrator" means the public probate administrator appointed
under Section 25.00251, Government Code.
Sec. 455.002. BOND OF PUBLIC PROBATE ADMINISTRATOR. (a)
The public probate administrator must execute an official bond of
at least $100,000 conditioned as required by law and payable to the
statutory probate court judge who appointed the public probate
administrator.
(b) In addition to the official bond of office, at any time,
for good cause, the statutory probate court judge who appointed the
public probate administrator may require the administrator to post
an additional corporate surety bond for individual estates. The
additional bonds shall bear the written approval of the judge
requesting the additional bond.
(c) The county may choose to self-insure the public probate
administrator for the minimum bond amount required by this section.
Sec. 455.003. FUNDING OF PUBLIC PROBATE ADMINISTRATOR'S
OFFICE. A public probate administrator is entitled to commissions
under Subchapter A, Chapter 352, to be paid into the county
treasury. The public probate administrator's office, including
salaries, is funded, in part, by the commissions.
Sec. 455.004. POWERS AND DUTIES. (a) On receipt of notice
of a decedent for whose estate a personal representative has not
been appointed and who has no known or suitable next of kin, the
public probate administrator shall take prompt possession or
control of the decedent's property located in the county that:
(1) is considered by the public probate administrator
to be subject to loss, injury, waste, or misappropriation; or
(2) the court orders into the possession and control
of the public probate administrator after notice to the public
probate administrator.
(b) The public probate administrator is responsible for
determining if the decedent has any heirs or a will and, if
necessary, shall make burial arrangements with the appropriate
county facility in charge of indigent burial if there are no known
personal representatives.
(c) If the public probate administrator determines the
decedent executed a will, the administrator shall file the will
with the county clerk.
(d) The public probate administrator has all of the powers
and duties of an administrator under this title.
(e) The public probate administrator may dispose of any
unclaimed property by public auction or private sale, or donation
to a charity, if appropriate.
(f) The statutory probate court judge or commissioners
court may request accountings in addition to accountings otherwise
required by this title.
Sec. 455.005. INFORMING PUBLIC PROBATE ADMINISTRATOR. (a)
If a public officer or employee knows of a decedent without known or
suitable next of kin or knows of property of a decedent that is
subject to loss, injury, waste, or misappropriation, the officer or
employee may inform the public probate administrator of that fact.
(b) If a person dies in a hospital, mental health facility,
or board and care facility without known or suitable next of kin,
the person in charge of the hospital or facility may give immediate
notice of that fact to the public probate administrator of the
county in which the hospital or facility is located.
(c) A funeral director in control of a decedent's remains
may notify the public probate administrator if:
(1) none of the persons listed in Section 711.002,
Health and Safety Code, can be found after a reasonable inquiry or
contacted by reasonable means; or
(2) any of the persons listed in Section 711.002,
Health and Safety Code, refuses to act.
Sec. 455.006. PUBLIC PROBATE ADMINISTRATOR'S INITIATION OF
ADMINISTRATION. (a) The public probate administrator shall
investigate a decedent's estate and circumstances to determine if
the opening of an administration is necessary if the public probate
administrator has reasonable cause to believe that the decedent
found in the county or believed to be domiciled in the county in
which the administrator is appointed does not have a personal
representative appointed for the decedent's estate.
(b) The public probate administrator shall secure a
decedent's estate or resolve any other circumstances related to a
decedent, if, after the investigation, the public probate
administrator determines that:
(1) the decedent has an estate that may be subject to
loss, injury, waste, or misappropriation; or
(2) there are other circumstances relating to the
decedent that require action by the public probate administrator.
(c) To establish reasonable cause under Subsection (a), the
public probate administrator may require an information letter
about the decedent that contains the following:
(1) the name, address, date of birth, and county of
residence of the decedent;
(2) a description of the relationship between the
interested person and the decedent;
(3) a statement of the suspected cause of death of the
decedent;
(4) the names and telephone numbers of any known
friends or relatives of the decedent;
(5) a description of any known property of the
decedent, including the estimated value of the property; and
(6) a statement of whether the property is subject to
loss, injury, waste, or misappropriation.
Sec. 455.007. ACCESS TO INFORMATION. (a) A public probate
administrator who has made an investigation under Section 455.006
may present to the statutory probate court judge a statement of the
known facts relating to a decedent with a request for permission to
take possession or control of property of the decedent and further
investigate the matter.
(b) On presentation of a statement under Subsection (a), a
statutory probate court judge may issue an order authorizing the
public probate administrator to take possession or control of
property under this chapter. A public probate administrator may
record the order in any county in which property subject to the
order is located.
(c) On presentation of an order issued under this section, a
financial institution, governmental or private agency, retirement
fund administrator, insurance company, licensed securities dealer,
or any other person shall perform the following without requiring a
death certificate or letters of administration and without
inquiring into the truth of the order:
(1) provide the public probate administrator complete
information concerning property held in the name of the decedent
referenced in the order, without charge, including the names and
addresses of any beneficiaries and any evidence of a beneficiary
designation; and
(2) grant the public probate administrator access to a
safe deposit box rented in the name of the decedent referenced in
the order, without charge, for the purpose of inspection and
removal of its contents.
(d) Costs and expenses incurred in drilling or forcing a
safe deposit box open under Subsection (c) shall be paid by the
decedent's estate.
Sec. 455.008. SMALL ESTATES. (a) If gross assets of an
estate do not exceed 10 percent of the maximum amount authorized for
a small estate affidavit under Section 205.001, the public probate
administrator may act without issuance of letters testamentary or
of administration if the court approves a statement of
administration stating:
(1) the name and domicile of the decedent;
(2) the date and place of death of the decedent; and
(3) the name, address, and relationship of each known
heir or devisee of the decedent.
(b) On approval of the statement of administration, the
public probate administrator may:
(1) take possession of, collect, manage, and secure
the personal property of the decedent;
(2) sell the decedent's personal property at private
or public sale or auction, without a court order;
(3) distribute personal property to the estate's
personal representative if one is appointed after the statement of
administration is filed;
(4) distribute personal property to a distributee of
the decedent who presents an affidavit complying with Chapter 205;
(5) sell or abandon perishable property of the
decedent if necessary to preserve the estate;
(6) make necessary funeral arrangements for the
decedent and pay reasonable funeral charges with estate assets;
(7) distribute to a minor heir or devisee for whom a
guardian has not been appointed the share of an intestate estate or
a devise to which the heir or devisee is entitled; and
(8) distribute allowances and exempt property as
provided by this title.
(c) On the distribution of property and internment of the
decedent under this section, the public probate administrator shall
file with the clerk an affidavit, to be approved by the court,
detailing:
(1) the property collected;
(2) the property's distribution;
(3) the cost of internment; and
(4) the place of internment.
Sec. 455.009. SMALL ESTATE AFFIDAVIT. (a) If gross assets
of an estate do not exceed the maximum amount authorized for a small
estate affidavit under Section 205.001, the public probate
administrator may file an affidavit that complies with Chapter 205
for approval by the statutory probate court judge.
(b) If the statutory probate court judge approves the
affidavit, the affidavit:
(1) must be maintained or recorded as provided by
Section 205.005; and
(2) has the effect described by Section 205.007.
Sec. 455.010. GRANT OF ADMINISTRATION. (a) A public
probate administrator shall file an application for letters of
administration or administration with will annexed as provided by
this title:
(1) if gross assets of an estate exceed the maximum
amount authorized for a small estate affidavit under Section
205.001;
(2) if the property of the decedent cannot be disposed
of using other methods detailed in this chapter; or
(3) at the discretion of the public probate
administrator or on order of the statutory probate court judge.
(b) After issuance of letters of administration, the public
probate administrator is considered a personal representative
under this title and has all of the powers and duties of a personal
representative under this title.
Sec. 455.011. WITHDRAWAL OF PUBLIC PROBATE ADMINISTRATOR
AND APPOINTMENT OF SUCCESSOR. (a) If a public probate
administrator has taken any action under Section 455.008, 455.009,
or 455.010 and a qualified person more entitled to serve as a
personal representative under Section 304.001 comes forward or a
will of a decedent is found naming an executor, the public probate
administrator may surrender the administration of the estate and
the assets of the estate to the person once the person has qualified
under this title.
(b) Before surrendering the administration of the estate,
the public probate administrator must file a verified affidavit
that shows fully and in detail:
(1) the condition of the estate;
(2) the charges and claims that have been approved or
established by suit or that have been rejected and may be
established later;
(3) the amount of each claim that has been rejected and
may be established later;
(4) the property of the estate in the administrator's
possession; and
(5) any other facts that are necessary in determining
the condition of the estate.
(c) The court may require any other filing from the public
probate administrator that the court considers appropriate to fully
show the condition of the estate before surrendering the estate
under this section.
Sec. 455.012. DEPOSIT OF FUNDS INTO THE COUNTY TREASURY.
The public probate administrator shall deposit all funds coming
into the custody of the administrator in the county treasury. Funds
deposited must be dispersed at the direction of the public probate
administrator and according to the guidelines of the county
treasurer or auditor.
SECTION 3. Section 304.001(a), Estates Code, as effective
January 1, 2014, is amended to read as follows:
(a) The court shall grant letters testamentary or of
administration to persons qualified to act, in the following order:
(1) the person named as executor in the decedent's
will;
(2) the decedent's surviving spouse;
(3) the principal devisee of the decedent;
(4) any devisee of the decedent;
(5) the next of kin of the decedent;
(6) a creditor of the decedent;
(7) any person of good character residing in the
county who applies for the letters; [and]
(8) any other person who is not disqualified under
Section 304.003; and
(9) any appointed public probate administrator.
SECTION 4. Section 118.052, Local Government Code, is
amended to read as follows:
Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
shall collect the following fees for services rendered to any
person:
(1) CIVIL COURT ACTIONS
(A) Filing of Original Action (Sec. 118.053):
(i) Garnishment after judgment . . . $15.00
(ii) All others . . . $40.00
(B) Filing of Action Other than Original (Sec.
118.054) . . . $30.00
(C) Services Rendered After Judgment in Original
Action (Sec. 118.0545):
(i) Abstract of judgment . . . $ 5.00
(ii) Execution, order of sale, writ, or
other process . . . $ 5.00
(2) PROBATE COURT ACTIONS
(A) Probate Original Action (Sec. 118.055):
(i) Probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title . . . $40.00
(ii) Community survivors . . . $40.00
(iii) Small estates . . . $40.00
(iv) Declarations of heirship . . . $40.00
(v) Mental health or chemical dependency
services . . . $40.00
(vi) Additional, special fee (Sec. 118.064)
. . . $ 5.00
(B) Services in Pending Probate Action (Sec.
118.056):
(i) Filing an inventory and appraisement as
provided by Section 118.056(d) . . . $25.00
(ii) Approving and recording bond . . . $
3.00
(iii) Administering oath . . . $ 2.00
(iv) Filing annual or final account of
estate . . . $25.00
(v) Filing application for sale of real or
personal property . . . $25.00
(vi) Filing annual or final report of
guardian of a person . . . $10.00
(vii) Filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first, if more than
25 pages . . . $25.00
(C) Adverse Probate Action (Sec. 118.057) . . .
$40.00
(D) Claim Against Estate (Sec. 118.058) . . . $
2.00
(E) Supplemental Court-Initiated Guardianship
Fee in Probate Original Actions and Adverse Probate Actions (Sec.
118.067) . . . $20.00
(F) Supplemental Public Probate Administrator
Fee For Counties That Have Appointed a Public Probate Administrator
(Sec. 118.068) . . . $10.00
(3) OTHER FEES
(A) Issuing Document (Sec. 118.059): original
document and one copy . . . $ 4.00
each additional set of an original and one copy . . . $ 4.00
(B) Certified Papers (Sec. 118.060): for the
clerk's certificate . . . $ 5.00
plus a fee per page or part of a page of . . . $ 1.00
(C) Noncertified Papers (Sec. 118.0605): for
each page or part of a page . . . $ 1.00
(D) Letters Testamentary, Letter of
Guardianship, Letter of Administration, or Abstract of Judgment
(Sec. 118.061) . . . $ 2.00
(E) Safekeeping of Wills (Sec. 118.062) . . . $
5.00
(F) Mail Service of Process (Sec. 118.063) . . .
same as sheriff
(G) Records Management and Preservation Fee
. . . $ 5.00
SECTION 5. Subchapter C, Chapter 118, Local Government
Code, is amended by adding Section 118.068 to read as follows:
Sec. 118.068. SUPPLEMENTAL PUBLIC PROBATE ADMINISTRATOR
FEE. (a) The "supplemental public probate administrator fee" under
Section 118.052(2)(F) is for the support of the office of public
probate administrator under Chapter 455, Estates Code. Fees
collected under Section 118.052(2)(F) shall be deposited in the
county treasury to fund the expenses of the public probate
administrator's office.
(b) The supplemental public probate administrator fee is
charged for:
(1) a probate original action described by Section
118.055 and for which a fee is charged in accordance with Section
118.052(2)(A)(i), (ii), (iii), (iv), or (v); and
(2) an adverse probate action described by Section
118.057 and for which a fee is charged in accordance with Section
118.052(2)(C).
(c) The supplemental public probate administrator fee must
be paid by the person against whom the fee for a probate original
action or adverse probate action, as applicable, is charged and is
due at the time that fee is due.
(d) The supplemental public probate administrator fee is in
addition to all other fees charged in probate original actions and
adverse probate actions.
SECTION 6. Subchapter E, Chapter 101, Government Code, is
amended by adding Section 101.08145 to read as follows:
Sec. 101.08145. ADDITIONAL STATUTORY COUNTY COURT FEES AND
COSTS: LOCAL GOVERNMENT CODE. The clerk of a statutory county court
shall collect a supplemental public probate administrator fee of
$10 under Sections 118.052 and 118.068, Local Government Code.
SECTION 7. Subchapter F, Chapter 101, Government Code, is
amended by adding Section 101.103 to read as follows:
Sec. 101.103. ADDITIONAL STATUTORY PROBATE COURT FEES AND
COSTS: LOCAL GOVERNMENT CODE. The clerk of a statutory probate
court shall collect a supplemental public probate administrator fee
of $10 under Sections 118.052 and 118.068, Local Government Code.
SECTION 8. Subchapter G, Chapter 101, Government Code, is
amended by adding Section 101.12145 to read as follows:
Sec. 101.12145. ADDITIONAL COUNTY COURT FEES AND COSTS:
LOCAL GOVERNMENT CODE. The clerk of a county court shall collect a
supplemental public probate administrator fee of $10 under Sections
118.052 and 118.068, Local Government Code.
SECTION 9. This Act takes effect January 1, 2014.