Texas 2013 - 83rd Regular

Texas House Bill HB1755 Compare Versions

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1	1	By: Patrick (Senate Sponsor - Hancock) H.B. No. 1755
2	2	(In the Senate - Received from the House May 9, 2013;
3	3	May 9, 2013, read first time and referred to Committee on
4	4	Jurisprudence; May 20, 2013, reported favorably by the following
5	5	vote: Yeas 4, Nays 0; May 20, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to authorizing the appointment of a public probate
11	11	administrator; authorizing fees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 25, Government Code, is
14	14	amended by adding Section 25.00251 to read as follows:
15	15	Sec. 25.00251. PUBLIC PROBATE ADMINISTRATOR. (a) A
16	16	statutory probate court judge, with the concurrence of the
17	17	commissioners court, may appoint a public probate administrator for
18	18	the county in which the statutory probate court is located. One
19	19	person shall serve as the public probate administrator for all
20	20	statutory probate courts in the county unless the commissioners
21	21	court has authorized additional public probate administrators.
22	22	(b) If a county has more than one statutory probate court,
23	23	the presiding judges of all of the statutory probate courts located
24	24	in the county shall designate, by a majority vote, a specific
25	25	statutory probate court judge to appoint and administer the office
26	26	of the public probate administrator in that county. If the
27	27	statutory probate court judges cannot, by a majority vote,
28	28	determine which statutory probate court judge shall appoint and
29	29	administer the office of the public probate administrator in that
30	30	county, the chief presiding statutory probate court judge shall
31	31	cast the tiebreaking vote to decide which statutory probate court
32	32	judge shall appoint and administer the office of the public probate
33	33	administrator in that county.
34	34	(c) The public probate administrator may be a person, a
35	35	charitable organization, or any other suitable entity.
36	36	(d) The commissioners court shall set the compensation of
37	37	the public probate administrator.
38	38	(e) The public probate administrator, with the consent of
39	39	and at salaries set by the commissioners court, may employ
40	40	assistants, deputies, clerks, and any other employees as necessary
41	41	to carry out Chapter 455, Estates Code.
42	42	SECTION 2. Subtitle J, Title 2, Estates Code, as effective
43	43	January 1, 2014, is amended by adding Chapter 455 to read as
44	44	follows:
45	45	CHAPTER 455. PUBLIC PROBATE ADMINISTRATOR
46	46	Sec. 455.001. DEFINITION. In this chapter, "public probate
47	47	administrator" means the public probate administrator appointed
48	48	under Section 25.00251, Government Code.
49	49	Sec. 455.002. BOND OF PUBLIC PROBATE ADMINISTRATOR. (a)
50	50	The public probate administrator must execute an official bond of
51	51	at least $100,000 conditioned as required by law and payable to the
52	52	statutory probate court judge who appointed the public probate
53	53	administrator.
54	54	(b) In addition to the official bond of office, at any time,
55	55	for good cause, the statutory probate court judge who appointed the
56	56	public probate administrator may require the administrator to post
57	57	an additional corporate surety bond for individual estates. The
58	58	additional bonds shall bear the written approval of the judge
59	59	requesting the additional bond.
60	60	(c) The county may choose to self-insure the public probate
61	61	administrator for the minimum bond amount required by this section.
62	62	Sec. 455.003. FUNDING OF PUBLIC PROBATE ADMINISTRATOR'S
63	63	OFFICE. A public probate administrator is entitled to commissions
64	64	under Subchapter A, Chapter 352, to be paid into the county
65	65	treasury. The public probate administrator's office, including
66	66	salaries, is funded, in part, by the commissions.
67	67	Sec. 455.004. POWERS AND DUTIES. (a) On receipt of notice
68	68	of a decedent for whose estate a personal representative has not
69	69	been appointed and who has no known or suitable next of kin, the
70	70	public probate administrator shall take prompt possession or
71	71	control of the decedent's property located in the county that:
72	72	(1) is considered by the public probate administrator
73	73	to be subject to loss, injury, waste, or misappropriation; or
74	74	(2) the court orders into the possession and control
75	75	of the public probate administrator after notice to the public
76	76	probate administrator.
77	77	(b) The public probate administrator is responsible for
78	78	determining if the decedent has any heirs or a will and, if
79	79	necessary, shall make burial arrangements with the appropriate
80	80	county facility in charge of indigent burial if there are no known
81	81	personal representatives.
82	82	(c) If the public probate administrator determines the
83	83	decedent executed a will, the administrator shall file the will
84	84	with the county clerk.
85	85	(d) The public probate administrator has all of the powers
86	86	and duties of an administrator under this title.
87	87	(e) The public probate administrator may dispose of any
88	88	unclaimed property by public auction or private sale, or donation
89	89	to a charity, if appropriate.
90	90	(f) The statutory probate court judge or commissioners
91	91	court may request accountings in addition to accountings otherwise
92	92	required by this title.
93	93	Sec. 455.005. INFORMING PUBLIC PROBATE ADMINISTRATOR. (a)
94	94	If a public officer or employee knows of a decedent without known or
95	95	suitable next of kin or knows of property of a decedent that is
96	96	subject to loss, injury, waste, or misappropriation, the officer or
97	97	employee may inform the public probate administrator of that fact.
98	98	(b) If a person dies in a hospital, mental health facility,
99	99	or board and care facility without known or suitable next of kin,
100	100	the person in charge of the hospital or facility may give immediate
101	101	notice of that fact to the public probate administrator of the
102	102	county in which the hospital or facility is located.
103	103	(c) A funeral director in control of a decedent's remains
104	104	may notify the public probate administrator if:
105	105	(1) none of the persons listed in Section 711.002,
106	106	Health and Safety Code, can be found after a reasonable inquiry or
107	107	contacted by reasonable means; or
108	108	(2) any of the persons listed in Section 711.002,
109	109	Health and Safety Code, refuses to act.
110	110	Sec. 455.006. PUBLIC PROBATE ADMINISTRATOR'S INITIATION OF
111	111	ADMINISTRATION. (a) The public probate administrator shall
112	112	investigate a decedent's estate and circumstances to determine if
113	113	the opening of an administration is necessary if the public probate
114	114	administrator has reasonable cause to believe that the decedent
115	115	found in the county or believed to be domiciled in the county in
116	116	which the administrator is appointed does not have a personal
117	117	representative appointed for the decedent's estate.
118	118	(b) The public probate administrator shall secure a
119	119	decedent's estate or resolve any other circumstances related to a
120	120	decedent, if, after the investigation, the public probate
121	121	administrator determines that:
122	122	(1) the decedent has an estate that may be subject to
123	123	loss, injury, waste, or misappropriation; or
124	124	(2) there are other circumstances relating to the
125	125	decedent that require action by the public probate administrator.
126	126	(c) To establish reasonable cause under Subsection (a), the
127	127	public probate administrator may require an information letter
128	128	about the decedent that contains the following:
129	129	(1) the name, address, date of birth, and county of
130	130	residence of the decedent;
131	131	(2) a description of the relationship between the
132	132	interested person and the decedent;
133	133	(3) a statement of the suspected cause of death of the
134	134	decedent;
135	135	(4) the names and telephone numbers of any known
136	136	friends or relatives of the decedent;
137	137	(5) a description of any known property of the
138	138	decedent, including the estimated value of the property; and
139	139	(6) a statement of whether the property is subject to
140	140	loss, injury, waste, or misappropriation.
141	141	Sec. 455.007. ACCESS TO INFORMATION. (a) A public probate
142	142	administrator who has made an investigation under Section 455.006
143	143	may present to the statutory probate court judge a statement of the
144	144	known facts relating to a decedent with a request for permission to
145	145	take possession or control of property of the decedent and further
146	146	investigate the matter.
147	147	(b) On presentation of a statement under Subsection (a), a
148	148	statutory probate court judge may issue an order authorizing the
149	149	public probate administrator to take possession or control of
150	150	property under this chapter. A public probate administrator may
151	151	record the order in any county in which property subject to the
152	152	order is located.
153	153	(c) On presentation of an order issued under this section, a
154	154	financial institution, governmental or private agency, retirement
155	155	fund administrator, insurance company, licensed securities dealer,
156	156	or any other person shall perform the following without requiring a
157	157	death certificate or letters of administration and without
158	158	inquiring into the truth of the order:
159	159	(1) provide the public probate administrator complete
160	160	information concerning property held in the name of the decedent
161	161	referenced in the order, without charge, including the names and
162	162	addresses of any beneficiaries and any evidence of a beneficiary
163	163	designation; and
164	164	(2) grant the public probate administrator access to a
165	165	safe deposit box rented in the name of the decedent referenced in
166	166	the order, without charge, for the purpose of inspection and
167	167	removal of its contents.
168	168	(d) Costs and expenses incurred in drilling or forcing a
169	169	safe deposit box open under Subsection (c) shall be paid by the
170	170	decedent's estate.
171	171	Sec. 455.008. SMALL ESTATES. (a) If gross assets of an
172	172	estate do not exceed 10 percent of the maximum amount authorized for
173	173	a small estate affidavit under Section 205.001, the public probate
174	174	administrator may act without issuance of letters testamentary or
175	175	of administration if the court approves a statement of
176	176	administration stating:
177	177	(1) the name and domicile of the decedent;
178	178	(2) the date and place of death of the decedent; and
179	179	(3) the name, address, and relationship of each known
180	180	heir or devisee of the decedent.
181	181	(b) On approval of the statement of administration, the
182	182	public probate administrator may:
183	183	(1) take possession of, collect, manage, and secure
184	184	the personal property of the decedent;
185	185	(2) sell the decedent's personal property at private
186	186	or public sale or auction, without a court order;
187	187	(3) distribute personal property to the estate's
188	188	personal representative if one is appointed after the statement of
189	189	administration is filed;
190	190	(4) distribute personal property to a distributee of
191	191	the decedent who presents an affidavit complying with Chapter 205;
192	192	(5) sell or abandon perishable property of the
193	193	decedent if necessary to preserve the estate;
194	194	(6) make necessary funeral arrangements for the
195	195	decedent and pay reasonable funeral charges with estate assets;
196	196	(7) distribute to a minor heir or devisee for whom a
197	197	guardian has not been appointed the share of an intestate estate or
198	198	a devise to which the heir or devisee is entitled; and
199	199	(8) distribute allowances and exempt property as
200	200	provided by this title.
201	201	(c) On the distribution of property and internment of the
202	202	decedent under this section, the public probate administrator shall
203	203	file with the clerk an affidavit, to be approved by the court,
204	204	detailing:
205	205	(1) the property collected;
206	206	(2) the property's distribution;
207	207	(3) the cost of internment; and
208	208	(4) the place of internment.
209	209	Sec. 455.009. SMALL ESTATE AFFIDAVIT. (a) If gross assets
210	210	of an estate do not exceed the maximum amount authorized for a small
211	211	estate affidavit under Section 205.001, the public probate
212	212	administrator may file an affidavit that complies with Chapter 205
213	213	for approval by the statutory probate court judge.
214	214	(b) If the statutory probate court judge approves the
215	215	affidavit, the affidavit:
216	216	(1) must be maintained or recorded as provided by
217	217	Section 205.005; and
218	218	(2) has the effect described by Section 205.007.
219	219	Sec. 455.010. GRANT OF ADMINISTRATION. (a) A public
220	220	probate administrator shall file an application for letters of
221	221	administration or administration with will annexed as provided by
222	222	this title:
223	223	(1) if gross assets of an estate exceed the maximum
224	224	amount authorized for a small estate affidavit under Section
225	225	205.001;
226	226	(2) if the property of the decedent cannot be disposed
227	227	of using other methods detailed in this chapter; or
228	228	(3) at the discretion of the public probate
229	229	administrator or on order of the statutory probate court judge.
230	230	(b) After issuance of letters of administration, the public
231	231	probate administrator is considered a personal representative
232	232	under this title and has all of the powers and duties of a personal
233	233	representative under this title.
234	234	Sec. 455.011. WITHDRAWAL OF PUBLIC PROBATE ADMINISTRATOR
235	235	AND APPOINTMENT OF SUCCESSOR. (a) If a public probate
236	236	administrator has taken any action under Section 455.008, 455.009,
237	237	or 455.010 and a qualified person more entitled to serve as a
238	238	personal representative under Section 304.001 comes forward or a
239	239	will of a decedent is found naming an executor, the public probate
240	240	administrator may surrender the administration of the estate and
241	241	the assets of the estate to the person once the person has qualified
242	242	under this title.
243	243	(b) Before surrendering the administration of the estate,
244	244	the public probate administrator must file a verified affidavit
245	245	that shows fully and in detail:
246	246	(1) the condition of the estate;
247	247	(2) the charges and claims that have been approved or
248	248	established by suit or that have been rejected and may be
249	249	established later;
250	250	(3) the amount of each claim that has been rejected and
251	251	may be established later;
252	252	(4) the property of the estate in the administrator's
253	253	possession; and
254	254	(5) any other facts that are necessary in determining
255	255	the condition of the estate.
256	256	(c) The court may require any other filing from the public
257	257	probate administrator that the court considers appropriate to fully
258	258	show the condition of the estate before surrendering the estate
259	259	under this section.
260	260	Sec. 455.012. DEPOSIT OF FUNDS INTO THE COUNTY TREASURY.
261	261	The public probate administrator shall deposit all funds coming
262	262	into the custody of the administrator in the county treasury. Funds
263	263	deposited must be dispersed at the direction of the public probate
264	264	administrator and according to the guidelines of the county
265	265	treasurer or auditor.
266	266	SECTION 3. Section 304.001(a), Estates Code, as effective
267	267	January 1, 2014, is amended to read as follows:
268	268	(a) The court shall grant letters testamentary or of
269	269	administration to persons qualified to act, in the following order:
270	270	(1) the person named as executor in the decedent's
271	271	will;
272	272	(2) the decedent's surviving spouse;
273	273	(3) the principal devisee of the decedent;
274	274	(4) any devisee of the decedent;
275	275	(5) the next of kin of the decedent;
276	276	(6) a creditor of the decedent;
277	277	(7) any person of good character residing in the
278	278	county who applies for the letters; [and]
279	279	(8) any other person who is not disqualified under
280	280	Section 304.003; and
281	281	(9) any appointed public probate administrator.
282	282	SECTION 4. Section 118.052, Local Government Code, is
283	283	amended to read as follows:
284	284	Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
285	285	shall collect the following fees for services rendered to any
286	286	person:
287	287	(1) CIVIL COURT ACTIONS
288	288	(A) Filing of Original Action (Sec. 118.053):
289	289	(i) Garnishment after judgment . . . $15.00
290	290	(ii) All others . . . $40.00
291	291	(B) Filing of Action Other than Original (Sec.
292	292	118.054) . . . $30.00
293	293	(C) Services Rendered After Judgment in Original
294	294	Action (Sec. 118.0545):
295	295	(i) Abstract of judgment . . . $ 5.00
296	296	(ii) Execution, order of sale, writ, or
297	297	other process . . . $ 5.00
298	298	(2) PROBATE COURT ACTIONS
299	299	(A) Probate Original Action (Sec. 118.055):
300	300	(i) Probate of a will with independent
301	301	executor, administration with will attached, administration of an
302	302	estate, guardianship or receivership of an estate, or muniment of
303	303	title . . . $40.00
304	304	(ii) Community survivors . . . $40.00
305	305	(iii) Small estates . . . $40.00
306	306	(iv) Declarations of heirship . . . $40.00
307	307	(v) Mental health or chemical dependency
308	308	services . . . $40.00
309	309	(vi) Additional, special fee (Sec. 118.064)
310	310	. . . $ 5.00
311	311	(B) Services in Pending Probate Action (Sec.
312	312	118.056):
313	313	(i) Filing an inventory and appraisement as
314	314	provided by Section 118.056(d) . . . $25.00
315	315	(ii) Approving and recording bond . . . $
316	316	3.00
317	317	(iii) Administering oath . . . $ 2.00
318	318	(iv) Filing annual or final account of
319	319	estate . . . $25.00
320	320	(v) Filing application for sale of real or
321	321	personal property . . . $25.00
322	322	(vi) Filing annual or final report of
323	323	guardian of a person . . . $10.00
324	324	(vii) Filing a document not listed under
325	325	this paragraph after the filing of an order approving the inventory
326	326	and appraisement or after the 120th day after the date of the
327	327	initial filing of the action, whichever occurs first, if more than
328	328	25 pages . . . $25.00
329	329	(C) Adverse Probate Action (Sec. 118.057) . . .
330	330	$40.00
331	331	(D) Claim Against Estate (Sec. 118.058) . . . $
332	332	2.00
333	333	(E) Supplemental Court-Initiated Guardianship
334	334	Fee in Probate Original Actions and Adverse Probate Actions (Sec.
335	335	118.067) . . . $20.00
336	336	(F) Supplemental Public Probate Administrator
337	337	Fee For Counties That Have Appointed a Public Probate Administrator
338	338	(Sec. 118.068) . . . $10.00
339	339	(3) OTHER FEES
340	340	(A) Issuing Document (Sec. 118.059): original
341	341	document and one copy . . . $ 4.00
342	342	each additional set of an original and one copy . . . $ 4.00
343	343	(B) Certified Papers (Sec. 118.060): for the
344	344	clerk's certificate . . . $ 5.00
345	345	plus a fee per page or part of a page of . . . $ 1.00
346	346	(C) Noncertified Papers (Sec. 118.0605): for
347	347	each page or part of a page . . . $ 1.00
348	348	(D) Letters Testamentary, Letter of
349	349	Guardianship, Letter of Administration, or Abstract of Judgment
350	350	(Sec. 118.061) . . . $ 2.00
351	351	(E) Safekeeping of Wills (Sec. 118.062) . . . $
352	352	5.00
353	353	(F) Mail Service of Process (Sec. 118.063) . . .
354	354	same as sheriff
355	355	(G) Records Management and Preservation Fee
356	356	. . . $ 5.00
357	357	SECTION 5. Subchapter C, Chapter 118, Local Government
358	358	Code, is amended by adding Section 118.068 to read as follows:
359	359	Sec. 118.068. SUPPLEMENTAL PUBLIC PROBATE ADMINISTRATOR
360	360	FEE. (a) The "supplemental public probate administrator fee" under
361	361	Section 118.052(2)(F) is for the support of the office of public
362	362	probate administrator under Chapter 455, Estates Code. Fees
363	363	collected under Section 118.052(2)(F) shall be deposited in the
364	364	county treasury to fund the expenses of the public probate
365	365	administrator's office.
366	366	(b) The supplemental public probate administrator fee is
367	367	charged for:
368	368	(1) a probate original action described by Section
369	369	118.055 and for which a fee is charged in accordance with Section
370	370	118.052(2)(A)(i), (ii), (iii), (iv), or (v); and
371	371	(2) an adverse probate action described by Section
372	372	118.057 and for which a fee is charged in accordance with Section
373	373	118.052(2)(C).
374	374	(c) The supplemental public probate administrator fee must
375	375	be paid by the person against whom the fee for a probate original
376	376	action or adverse probate action, as applicable, is charged and is
377	377	due at the time that fee is due.
378	378	(d) The supplemental public probate administrator fee is in
379	379	addition to all other fees charged in probate original actions and
380	380	adverse probate actions.
381	381	SECTION 6. Subchapter E, Chapter 101, Government Code, is
382	382	amended by adding Section 101.08145 to read as follows:
383	383	Sec. 101.08145. ADDITIONAL STATUTORY COUNTY COURT FEES AND
384	384	COSTS: LOCAL GOVERNMENT CODE. The clerk of a statutory county court
385	385	shall collect a supplemental public probate administrator fee of
386	386	$10 under Sections 118.052 and 118.068, Local Government Code.
387	387	SECTION 7. Subchapter F, Chapter 101, Government Code, is
388	388	amended by adding Section 101.103 to read as follows:
389	389	Sec. 101.103. ADDITIONAL STATUTORY PROBATE COURT FEES AND
390	390	COSTS: LOCAL GOVERNMENT CODE. The clerk of a statutory probate
391	391	court shall collect a supplemental public probate administrator fee
392	392	of $10 under Sections 118.052 and 118.068, Local Government Code.
393	393	SECTION 8. Subchapter G, Chapter 101, Government Code, is
394	394	amended by adding Section 101.12145 to read as follows:
395	395	Sec. 101.12145. ADDITIONAL COUNTY COURT FEES AND COSTS:
396	396	LOCAL GOVERNMENT CODE. The clerk of a county court shall collect a
397	397	supplemental public probate administrator fee of $10 under Sections
398	398	118.052 and 118.068, Local Government Code.
399	399	SECTION 9. This Act takes effect January 1, 2014.
400	400	* * * * *