By: King of Parker (Senate Sponsor - Rodriguez) H.B. No. 789
(In the Senate - Received from the House April 15, 2013;
April 18, 2013, read first time and referred to Committee on
Jurisprudence; May 16, 2013, reported favorably by the following
vote: Yeas 7, Nays 0; May 16, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the allowance in lieu of exempt property in the
administration 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 273, Texas Probate Code, is amended
to read as follows:
Sec. 273. ALLOWANCE IN LIEU OF EXEMPT PROPERTY. In case
there should not be among the effects of the deceased all or any of
the specific articles exempted from execution or forced sale by the
Constitution and laws of this state, the court shall make a
reasonable allowance in lieu thereof, to be paid to such surviving
spouse and children, or such of them as there are, as hereinafter
provided. The allowance in lieu of a homestead shall in no case
exceed $45,000 [$15,000] and the allowance for other exempted
property shall in no case exceed $30,000 [$5,000], exclusive of the
allowance for the support of the surviving spouse, minor children,
and adult incapacitated children which is hereinafter provided for.
SECTION 1.02. The changes in law made by this article to
Section 273, Texas Probate Code, 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.
ARTICLE 2. CHANGES TO ESTATES CODE
SECTION 2.01. Section 353.053(b), Estates Code, as
effective January 1, 2014, is amended to read as follows:
(b) The allowance in lieu of a homestead may not exceed
$45,000 [$15,000], and the allowance in lieu of other exempt
property may not exceed $30,000 [$5,000], excluding the family
allowance for the support of the surviving spouse, minor children,
and adult incapacitated children provided by Subchapter C.
SECTION 2.02. Section 273, Texas Probate Code, as amended
by Article 1 of this Act, is repealed.
SECTION 2.03. 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, 2013.
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