83R3755 MTB-D
By: Thompson of Harris H.B. No. 2916
A BILL TO BE ENTITLED
AN ACT
relating to decedents' estates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 202, Estates Code, as
effective January 1, 2014, is amended by adding Section 202.0025 to
read as follows:
Sec. 202.0025. ACTION BROUGHT AFTER DECEDENT'S DEATH.
Notwithstanding Section 16.051, Civil Practice and Remedies Code, a
proceeding to declare heirship of a decedent may be brought at any
time after the decedent's death.
SECTION 2. Sections 204.151 and 204.152, Estates Code, as
effective January 1, 2014, are amended to read as follows:
Sec. 204.151. APPLICABILITY OF SUBCHAPTER. This subchapter
applies in a proceeding to declare heirship of a decedent only with
respect to an individual who[:
[(1) petitions the court for a determination of right
of inheritance as authorized by Section 201.052(c); and
[(2)] claims[:
[(A)] to be a biological child of the decedent or
claims[, but with respect to whom a parent-child relationship with
the decedent was not established as provided by Section 160.201,
Family Code; or
[(B)] to inherit through a biological child of
the decedent[, if a parent-child relationship between the
individual through whom the inheritance is claimed and the decedent
was not established as provided by Section 160.201, Family Code].
Sec. 204.152. PRESUMPTION; [REQUIRED FINDINGS IN ABSENCE
OF] REBUTTAL [EVIDENCE]. The presumption under Section 160.505,
Family Code, that applies in establishing a parent-child
relationship also applies in determining heirship in the probate
court using the results of genetic testing ordered with respect to
an individual described by Section 204.151, and the presumption may
be rebutted in the same manner provided by Section 160.505, Family
Code. [Unless the results of genetic testing of another individual
who is an heir of the decedent who is the subject of a proceeding to
declare heirship to which this subchapter applies are admitted as
rebuttal evidence, the court shall find that the individual
described by Section 204.151:
[(1) is an heir of the decedent, if the results of
genetic testing ordered under Subchapter B identify a tested
individual who is an heir of the decedent as the ancestor of the
individual described by Section 204.151; or
[(2) is not an heir of the decedent, if the results of
genetic testing ordered under Subchapter B exclude a tested
individual who is an heir of the decedent as the ancestor of the
individual described by Section 204.151.]
SECTION 3. Section 304.001(c), Estates Code, as effective
January 1, 2014, is amended to read as follows:
(c) If persons [applicants for letters testamentary or of
administration] are equally entitled to letters testamentary or of
administration [the letters], the court:
(1) shall grant the letters to the person [applicant]
who, in the judgment of the court, is most likely to administer the
estate advantageously; or
(2) may grant the letters to two or more of those
persons [applicants].
SECTION 4. Subchapter B, Chapter 309, Estates Code, as
effective January 1, 2014, is amended by adding Section 309.057 to
read as follows:
Sec. 309.057. PENALTY FOR FAILURE TO TIMELY FILE INVENTORY,
APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF. (a) This
section applies only to a personal representative, including an
independent executor or administrator, who does not file an
inventory, appraisement, and list of claims or affidavit in lieu of
the inventory, appraisement, and list of claims, as applicable,
within the period prescribed by Section 309.051 or any extension
granted by the court.
(b) Any person interested in the estate on written
complaint, or the court on the court's own motion, may have a
personal representative to whom this section applies cited to file
the inventory, appraisement, and list of claims or affidavit in
lieu of the inventory, appraisement, and list of claims, as
applicable, and show cause for the failure to timely file.
(c) If the personal representative does not file the
inventory, appraisement, and list of claims or affidavit in lieu of
the inventory, appraisement, and list of claims, as applicable,
after being cited or does not show good cause for the failure to
timely file, the court on hearing may fine the representative in an
amount not to exceed $1,000.
(d) The personal representative and the representative's
sureties, if any, are liable for any fine imposed under this section
and for all damages and costs sustained by the representative's
failure. The fine, damages, and costs may be recovered in any court
of competent jurisdiction.
SECTION 5. Section 362.005, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 362.005. CITATION AND NOTICE ON PRESENTATION OF
ACCOUNT. (a) On the presentation of an account for final settlement
by a temporary or permanent personal representative, the county
clerk shall issue citation to the persons and in the manner provided
by Subsection (b) [Subsections (c) and (d)].
(b) Citation issued under Subsection (a) must:
(1) contain:
(A) [(1)] a statement that an account for final
settlement has been presented;
(B) [(2)] the time and place the court will
consider the account; [and]
(C) [(3)] a statement requiring the person cited
to appear and contest the account, if the person wishes to contest
the account; and
(D) a copy of the account for final settlement;
and
(2) be given[.
[(c) The personal representative shall give notice] to each
heir or beneficiary of the decedent by certified mail, return
receipt requested, unless the court by written order directs
another method of service [type of notice] to be given[. The notice
must include a copy of the account for final settlement].
(c) [(d)] The court by written order shall require
additional notice if the court considers the additional notice
necessary.
(d) [(e)] The court may allow the waiver of citation
[notice] of an account for final settlement in a proceeding
concerning a decedent's estate.
SECTION 6. Section 362.011, Estates Code, as effective
January 1, 2014, is amended to read as follows:
Sec. 362.011. PARTITION AND DISTRIBUTION OF ESTATE; DEPOSIT
IN COURT'S REGISTRY. (a) If, on final settlement of an estate, any
of the estate remains in the personal representative's possession,
the court shall order that a partition and distribution be made
among the persons entitled to receive that part of the estate.
(b) The court shall order the personal representative to
deposit in an account in the court's registry any remaining estate
property that is money and to which a person who is unknown or
missing is entitled. In addition, the court shall order the
representative to sell, on terms the court determines are best,
remaining estate property that is not money and to which a person
who is unknown or missing is entitled. The court shall order the
representative to deposit the sale proceeds in an account in the
court's registry. The court shall hold money deposited in an
account under this subsection until the court renders:
(1) an order requiring money in the account to be paid
to the previously unknown or missing person who is entitled to the
money; or
(2) another order regarding the disposition of the
money.
SECTION 7. Section 551.001(a), Estates Code, as effective
January 1, 2014, is amended to read as follows:
(a) The court, by written order, shall require the executor
or administrator of an estate to pay to the comptroller as provided
by this subchapter the share of that estate of a person entitled to
that share who does not demand the share, including any portion
deposited in an account in the court's registry under Section
362.011(b), from the executor or administrator within six months
after the date of, as applicable:
(1) a court order approving the report of the
commissioners of partition made under Section 360.154; or
(2) the settlement of the final account of the
executor or administrator.
SECTION 8. (a) Except as otherwise provided by this
section, the changes in law made by this Act apply to the estate of a
decedent that is pending or commenced on or after January 1, 2014,
regardless of the date of the decedent's death.
(b) The changes in law made by this Act to Sections 204.151
and 204.152, Estates Code, apply only to a proceeding to declare
heirship commenced on or after January 1, 2014. A proceeding to
declare heirship commenced before that date is governed by the law
in effect on the date the proceeding was commenced, and the former
law is continued in effect for that purpose.
(c) The changes in law made by this Act to Section
304.001(c), Estates Code, apply only to an application for the
grant of letters testamentary or of administration of a decedent's
estate filed on or after January 1, 2014. An application for the
grant of letters testamentary or of administration of a decedent's
estate filed before that date is governed by the law in effect on
the date the application was filed, and the former law is continued
in effect for that purpose.
SECTION 9. This Act takes effect January 1, 2014.