Texas House Bill HB789

Texas 2013 - 83rd Regular

Caption

Relating to the allowance in lieu of exempt property in the administration of a decedent's estate.

Impact

The implications of HB 789 are significant in the context of probate law and the financial planning of families dealing with the loss of a loved one. The increase in allowances not only reflects a recognition of rising property values and the need for larger financial protections for surviving family members but also aims to simplify the inheritance process by clarifying the financial resources available to them. As more estates involve larger homesteads and exempt property, this amendment ensures that families can retain a greater portion of these assets during a difficult time. However, the bill maintains that prior laws will continue to govern estates for decedents who passed away before the effective date, thus creating a clear boundary for application and interpretation.

Summary

House Bill 789 amends the Texas Probate Code to adjust the allowances in lieu of exempt property for the administration of a decedent's estate. Specifically, it increases the maximum allowance for a homestead from $15,000 to $45,000 and for other exempted property from $5,000 to $30,000. This change is aimed at providing greater financial support to the surviving spouse and children of the deceased, ensuring they have a more substantial financial cushion in the absence of specific exempt property. The bill outlines that these changes apply to estates for decedents who die on or after the effective date of the Act, which is set for September 1, 2013, with additional provisions indicated for the application of prior law for those who passed before this date.

Contention

While the bill appears to have widespread support evidenced by the voting record of 141 yeas to 3 nays during its third reading, discussions around the proposal could stir concerns about how increased allowances might affect the overall revenues for local governments that manage property taxes or related financial obligations. Additionally, critics could argue about how the new thresholds might not adequately adjust for inflation in the future. Overall, the focus of the debates centers primarily on the need for adjustments to better support families in the probate process versus concerns regarding long-term fiscal impacts.