Texas 2015 - 84th Regular

Texas House Bill HB2418 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R12448 KFF-F
2	2	By: Wray H.B. No. 2418
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to decedents' estates.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 113.004(4), Estates Code, is amended to
10	10	read as follows:
11	11	(4) "P.O.D. account," including an account designated
12	12	as a transfer on death or T.O.D. account, means an account payable
13	13	on request to:
14	14	(A) one person during the person's lifetime and,
15	15	on the person's death, to one or more P.O.D. payees; or
16	16	(B) one or more persons during their lifetimes
17	17	and, on the death of all of those persons, to one or more P.O.D.
18	18	payees.
19	19	SECTION 2. Section 113.152, Estates Code, is amended by
20	20	adding Subsection (c) to read as follows:
21	21	(c) A guardian of the estate or an attorney in fact or agent
22	22	of an original payee may sign a written agreement described by
23	23	Subsection (a) on behalf of the original payee.
24	24	SECTION 3. Section 123.001, Estates Code, is amended to
25	25	read as follows:
26	26	Sec. 123.001. WILL PROVISIONS MADE BEFORE DISSOLUTION OF
27	27	MARRIAGE. (a) In this section:
28	28	(1) "Irrevocable trust" means a trust:
29	29	(A) for which the trust instrument was executed
30	30	before the dissolution of a testator's marriage; and
31	31	(B) that the testator was not solely empowered by
32	32	law or by the trust instrument to revoke.
33	33	(2) "Relative" [, "relative"] means an individual
34	34	related to another individual by:
35	35	(A) [(1)] consanguinity, as determined under
36	36	Section 573.022, Government Code; or
37	37	(B) [(2)] affinity, as determined under Section
38	38	573.024, Government Code.
39	39	(b) If, after the testator makes a will, the testator's
40	40	marriage is dissolved by divorce, annulment, or a declaration that
41	41	the marriage is void, unless the will expressly provides otherwise:
42	42	(1) all provisions in the will, including all
43	43	fiduciary appointments, shall be read as if the former spouse and
44	44	each relative of the former spouse who is not a relative of the
45	45	testator had failed to survive the testator; and
46	46	(2) all provisions in the will disposing of property
47	47	to an irrevocable trust in which a former spouse or a relative of a
48	48	former spouse who is not a relative of the testator is a beneficiary
49	49	or is nominated to serve as trustee or in another fiduciary capacity
50	50	or that confers a general or special power of appointment on a
51	51	former spouse or a relative of a former spouse who is not a relative
52	52	of the testator shall be read to instead dispose of the property to
53	53	a trust the provisions of which are identical to the irrevocable
54	54	trust, except any provision in the irrevocable trust:
55	55	(A) conferring a beneficial interest or a general
56	56	or special power of appointment to the former spouse or a relative
57	57	of the former spouse who is not a relative of the testator shall be
58	58	treated as if the former spouse and each relative of the former
59	59	spouse who is not a relative of the testator had disclaimed the
60	60	interest granted in the provision; and
61	61	(B) nominating the former spouse or a relative of
62	62	the former spouse who is not a relative of the testator to serve as
63	63	trustee or in another fiduciary capacity shall be treated as if the
64	64	former spouse and each relative of the former spouse who is not a
65	65	relative of the testator had died immediately before the
66	66	dissolution of the marriage [, unless the will expressly provides
67	67	otherwise].
68	68	(c) Subsection (b)(2) does not apply if one of the following
69	69	provides otherwise:
70	70	(1) a court order; or
71	71	(2) an express provision of a contract relating to the
72	72	division of the marital estate entered into between the testator
73	73	and the testator's former spouse before, during, or after the
74	74	marriage.
75	75	SECTION 4. Section 123.052(a), Estates Code, is amended to
76	76	read as follows:
77	77	(a) The dissolution of the marriage revokes a provision in a
78	78	trust instrument that was executed by a divorced individual before
79	79	the divorced individual's marriage was dissolved and that:
80	80	(1) is a revocable disposition or appointment of
81	81	property made to the divorced individual's former spouse or any
82	82	relative of the former spouse who is not a relative of the divorced
83	83	individual;
84	84	(2) revocably confers a general or special power of
85	85	appointment on the divorced individual's former spouse or any
86	86	relative of the former spouse who is not a relative of the divorced
87	87	individual; or
88	88	(3) revocably nominates the divorced individual's
89	89	former spouse or any relative of the former spouse who is not a
90	90	relative of the divorced individual to serve:
91	91	(A) as a personal representative, trustee,
92	92	conservator, agent, or guardian; or
93	93	(B) in another fiduciary or representative
94	94	capacity.
95	95	SECTION 5. Chapter 123, Estates Code, is amended by adding
96	96	Subchapter D to read as follows:
97	97	SUBCHAPTER D. EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN
98	98	MULTIPLE-PARTY ACCOUNTS
99	99	Sec. 123.151. DESIGNATION OF FORMER SPOUSE OR RELATIVE OF
100	100	FORMER SPOUSE ON CERTAIN MULTIPLE-PARTY ACCOUNTS. (a) In this
101	101	section:
102	102	(1) "Beneficiary," "multiple-party account," "P.O.D.
103	103	account," and "P.O.D. payee" have the meanings assigned by Chapter
104	104	113.
105	105	(2) "Public retirement system" has the meaning
106	106	assigned by Section 802.001, Government Code.
107	107	(3) "Relative" has the meaning assigned by Section
108	108	123.051.
109	109	(b) If, after a decedent designates a spouse or a relative
110	110	of a spouse who is not a relative of the decedent as a P.O.D. payee
111	111	or beneficiary, including alternative P.O.D. payee or beneficiary,
112	112	on a P.O.D. account or other multiple-party account, the decedent's
113	113	marriage is dissolved by divorce, annulment, or a declaration that
114	114	the marriage is void, the designation provision on the account is
115	115	not effective as to the former spouse or the former spouse's
116	116	relative unless:
117	117	(1) the court decree dissolving the marriage
118	118	designates the former spouse or the former spouse's relative as the
119	119	P.O.D. payee or beneficiary;
120	120	(2) the decedent redesignated the former spouse or the
121	121	former spouse's relative as the P.O.D payee or beneficiary after
122	122	the marriage was dissolved; or
123	123	(3) the former spouse or the former spouse's relative
124	124	is designated to receive the proceeds or benefits in trust for, on
125	125	behalf of, or for the benefit of a child or dependent of either the
126	126	decedent or the former spouse.
127	127	(c) If a designation is not effective under Subsection (b),
128	128	a multiple-party account is payable to the named alternative P.O.D.
129	129	payee or beneficiary or, if an alternative P.O.D. payee or
130	130	beneficiary is not named, to the estate of the decedent.
131	131	(d) A financial institution or other person obligated to pay
132	132	an account described by Subsection (b) that pays the account to the
133	133	former spouse or the former spouse's relative as P.O.D. payee or
134	134	beneficiary under a designation that is not effective under
135	135	Subsection (b) is liable for payment of the account to the person
136	136	provided by Subsection (c) only if:
137	137	(1) before payment of the account to the designated
138	138	P.O.D. payee or beneficiary, the payor receives written notice at
139	139	the home office or principal office of the payor from an interested
140	140	person that the designation of the P.O.D. payee or beneficiary is
141	141	not effective under Subsection (b); and
142	142	(2) the payor has not interpleaded the account funds
143	143	into the registry of a court of competent jurisdiction in
144	144	accordance with the Texas Rules of Civil Procedure.
145	145	(e) This section does not affect the right of a former
146	146	spouse to assert an ownership interest in an undivided
147	147	multiple-party account described by Subsection (b).
148	148	(f) This section does not apply to the disposition of a
149	149	beneficial interest in a retirement benefit or other financial plan
150	150	of a public retirement system.
151	151	SECTION 6. Section 201.051, Estates Code, is amended to
152	152	read as follows:
153	153	Sec. 201.051. MATERNAL INHERITANCE. (a) For purposes of
154	154	inheritance, a child is the child of the child's biological or
155	155	adopted mother, and the child and the child's issue shall inherit
156	156	from the child's mother and the child's maternal kindred, both
157	157	descendants, ascendants, and collateral kindred in all degrees, and
158	158	they may inherit from the child and the child's issue. However, if a
159	159	child has intended parents, as defined by Section 160.102, Family
160	160	Code, under a gestational agreement validated under Subchapter I,
161	161	Chapter 160, Family Code, the child is the child of the intended
162	162	mother and not the biological mother or gestational mother unless
163	163	the biological mother is also the intended mother.
164	164	(b) This section does not permit inheritance by a child for
165	165	whom no right of inheritance accrues under Section 201.056 or by the
166	166	child's issue.
167	167	SECTION 7. Section 201.052, Estates Code, is amended by
168	168	adding Subsection (f) to read as follows:
169	169	(f) This section does not permit inheritance by a child for
170	170	whom no right of inheritance accrues under Section 201.056 or by the
171	171	child's issue.
172	172	SECTION 8. Section 201.056, Estates Code, is amended to
173	173	read as follows:
174	174	Sec. 201.056. PERSONS NOT IN BEING. No right of inheritance
175	175	accrues to any person [other than to a child or lineal descendant of
176	176	an intestate,] unless the person is born before, or is in gestation
177	177	at, [in being and capable in law to take as an heir at] the time of
178	178	the intestate's death and survives for at least 120 hours. A person
179	179	is:
180	180	(1) considered to be in gestation at the time of the
181	181	intestate's death if insemination or implantation occurs at or
182	182	before the time of the intestate's death; and
183	183	(2) presumed to be in gestation at the time of the
184	184	intestate's death if the person is born before the 301st day after
185	185	the date of the intestate's death.
186	186	SECTION 9. Section 202.005, Estates Code, is amended to
187	187	read as follows:
188	188	Sec. 202.005. APPLICATION FOR PROCEEDING TO DECLARE
189	189	HEIRSHIP. A person authorized by Section 202.004 to commence a
190	190	proceeding to declare heirship must file an application in a court
191	191	specified by Section 33.004 to commence the proceeding. The
192	192	application must state:
193	193	(1) the decedent's name and date [time] and place of
194	194	death;
195	195	(2) the names and physical addresses where service can
196	196	be had [residences] of the decedent's heirs, the relationship of
197	197	each heir to the decedent, whether each heir is an adult or minor,
198	198	and the true interest of the applicant and each of the heirs in the
199	199	decedent's estate or in the trust, as applicable;
200	200	(3) if the date [time] or place of the decedent's death
201	201	or the name or physical addresses where service can be had
202	202	[residence] of an heir is not definitely known to the applicant, all
203	203	the material facts and circumstances with respect to which the
204	204	applicant has knowledge and information that might reasonably tend
205	205	to show the date [time] or place of the decedent's death or the name
206	206	or physical addresses where service can be had [residence] of the
207	207	heir;
208	208	(4) that all children born to or adopted by the
209	209	decedent have been listed;
210	210	(5) that each of the decedent's marriages has been
211	211	listed with:
212	212	(A) the date of the marriage;
213	213	(B) the name of the spouse;
214	214	(C) the date and place of termination if the
215	215	marriage was terminated; and
216	216	(D) other facts to show whether a spouse has had
217	217	an interest in the decedent's property;
218	218	(6) whether the decedent died testate and, if so, what
219	219	disposition has been made of the will;
220	220	(7) a general description of all property belonging to
221	221	the decedent's estate or held in trust for the benefit of the
222	222	decedent, as applicable; and
223	223	(8) an explanation for the omission from the
224	224	application of any of the information required by this section.
225	225	SECTION 10. Section 202.055, Estates Code, is amended to
226	226	read as follows:
227	227	Sec. 202.055. SERVICE OF CITATION ON CERTAIN PERSONS NOT
228	228	REQUIRED. A party to a proceeding to declare heirship who executed
229	229	the application filed under Section 202.005, entered an appearance
230	230	in the proceeding, or waived citation under this subchapter is not
231	231	required to be served by any method.
232	232	SECTION 11. Section 202.056, Estates Code, is amended to
233	233	read as follows:
234	234	Sec. 202.056. WAIVER OF SERVICE OF CITATION. (a) Except as
235	235	provided by Subsection (b)(2), a distributee may waive citation
236	236	required by this subchapter to be served on the distributee.
237	237	(b) A parent, managing conservator, guardian, attorney ad
238	238	litem, or guardian ad litem of a minor distributee who:
239	239	(1) is younger than 12 years of age may waive citation
240	240	required by this subchapter to be served on the distributee; and
241	241	(2) is 12 years of age or older may not waive citation
242	242	required by this subchapter to be served on the distributee.
243	243	SECTION 12. Section 202.201(a), Estates Code, is amended to
244	244	read as follows:
245	245	(a) The judgment in a proceeding to declare heirship must
246	246	state:
247	247	(1) the names [and places of residence] of the heirs of
248	248	the decedent who is the subject of the proceeding; and
249	249	(2) the heirs' respective shares and interests in the
250	250	decedent's property.
251	251	SECTION 13. Subchapter B, Chapter 251, Estates Code, is
252	252	amended by adding Section 251.053 to read as follows:
253	253	Sec. 251.053. EXCEPTION FOR FOREIGN AND CERTAIN OTHER
254	254	WILLS. Section 251.051 does not apply to a written will executed in
255	255	compliance with:
256	256	(1) the law of the state or foreign country where the
257	257	will was executed, as that law existed at the time of the will's
258	258	execution; or
259	259	(2) the law of the state or foreign country where the
260	260	testator was domiciled or had a place of residence, as that law
261	261	existed at the time of the will's execution or at the time of the
262	262	testator's death.
263	263	SECTION 14. Section 251.1045(a), Estates Code, is amended
264	264	to read as follows:
265	265	(a) As an alternative to the self-proving of a will by the
266	266	affidavits of the testator and the attesting witnesses as provided
267	267	by Section 251.104, a will may be simultaneously executed,
268	268	attested, and made self-proved before an officer authorized to
269	269	administer oaths, and the testimony of the witnesses in the probate
270	270	of the will may be made unnecessary, with the inclusion in the will
271	271	of the following in form and contents substantially as follows:
272	272	I, ______________________, as testator, after being duly
273	273	sworn, declare to the undersigned witnesses and to the undersigned
274	274	authority that this instrument is my will, that I [have] willingly
275	275	make [made] and execute [executed] it in the presence of the
276	276	undersigned witnesses, all of whom are [were] present at the same
277	277	time, as my free act and deed, and that I request [have requested]
278	278	each of the undersigned witnesses to sign this will in my presence
279	279	and in the presence of each other. I now sign this will in the
280	280	presence of the attesting witnesses and the undersigned authority
281	281	on this ______ day of __________, 20________________.
282	282	__________________________
283	283	Testator
284	284	The undersigned, __________ and __________, each being at
285	285	least fourteen years of age, after being duly sworn, declare to the
286	286	testator and to the undersigned authority that the testator
287	287	declared to us that this instrument is the testator's will and that
288	288	the testator requested us to act as witnesses to the testator's will
289	289	and signature. The testator then signed this will in our presence,
290	290	all of us being present at the same time. The testator is eighteen
291	291	years of age or over (or being under such age, is or has been
292	292	lawfully married, or is a member of the armed forces of the United
293	293	States or of an auxiliary of the armed forces of the United States
294	294	or of the United States Maritime Service), and we believe the
295	295	testator to be of sound mind. We now sign our names as attesting
296	296	witnesses in the presence of the testator, each other, and the
297	297	undersigned authority on this __________ day of __________,
298	298	20______________.
299	299	___________________________
300	300	Witness
301	301	___________________________
302	302	Witness
303	303	Subscribed and sworn to before me by the said _________,
304	304	testator, and by the said _____________ and ______________,
305	305	witnesses, this _____ day of __________, 20____________.
306	306	(SEAL)
307	307	(Signed)
308	308	(Official Capacity of Officer)
309	309	SECTION 15. Sections 253.001(b) and (c), Estates Code, are
310	310	amended to read as follows:
311	311	(b) A court may not prohibit a person from:
312	312	(1) executing a new will;
313	313	(2) executing [or] a codicil to an existing will; or
314	314	(3) revoking an existing will or codicil in whole or in
315	315	part.
316	316	(c) Any portion of a court order that purports to prohibit a
317	317	person from engaging in an action described by Subsection (b)
318	318	[executing a new will or a codicil to an existing will] is void and
319	319	may be disregarded without penalty or sanction of any kind.
320	320	SECTION 16. Section 254.005, Estates Code, is amended to
321	321	read as follows:
322	322	Sec. 254.005. FORFEITURE CLAUSE. (a) A provision in a will
323	323	that would cause a forfeiture of or void a devise or provision in
324	324	favor of a person for bringing any court action, including
325	325	contesting a will, is enforceable unless in a court action
326	326	determining whether the forfeiture clause should be enforced, the
327	327	person who brought the action contrary to the forfeiture clause
328	328	establishes by a preponderance of the evidence that:
329	329	(1) just cause existed for bringing the action; and
330	330	(2) the action was brought and maintained in good
331	331	faith.
332	332	(b) This section is not intended to and does not repeal any
333	333	law recognizing that forfeiture clauses generally will not be
334	334	construed to prevent a beneficiary from seeking to compel a
335	335	fiduciary to perform the fiduciary's duties, seeking redress
336	336	against a fiduciary for a breach of the fiduciary's duties, or
337	337	seeking a judicial construction of a will or trust.
338	338	SECTION 17. Subchapter G, Chapter 255, Estates Code, is
339	339	amended by adding Section 255.304 to read as follows:
340	340	Sec. 255.304. APPLICABILITY OF SUBCHAPTER. This subchapter
341	341	is applicable only to wills executed on or after September 1, 2005.
342	342	SECTION 18. Chapter 255, Estates Code, is amended by adding
343	343	Subchapters I and J to read as follows:
344	344	SUBCHAPTER I. CLASS GIFTS
345	345	Sec. 255.401. POSTHUMOUS CLASS GIFT MEMBERSHIP. (a) A
346	346	right to take as a member of a class gift does not accrue to any
347	347	person unless the person is born before, or is in gestation at, the
348	348	time of the testator's death and survives for at least 120 hours. A
349	349	person is:
350	350	(1) considered to be in gestation at the time of the
351	351	testator's death if insemination or implantation occurs at or
352	352	before the time of the testator's death; and
353	353	(2) presumed to be in gestation at the time of the
354	354	testator's death if the person was born before the 301st day after
355	355	the date of the testator's death.
356	356	(b) A provision in the testator's will that is contrary to
357	357	this section prevails over this section.
358	358	SUBCHAPTER J. JUDICIAL MODIFICATION OR REFORMATION
359	359	OF WILLS
360	360	Sec. 255.451. CIRCUMSTANCES UNDER WHICH WILL MAY BE
361	361	MODIFIED OR REFORMED. (a) On the petition of a personal
362	362	representative, a court may order that the terms of the will be
363	363	modified or reformed, that the personal representative be directed
364	364	or permitted to perform acts that are not authorized or that are
365	365	prohibited by the terms of the will, or that the personal
366	366	representative be prohibited from performing acts that are required
367	367	by the terms of the will, if:
368	368	(1) modification of administrative, nondispositive
369	369	terms of the will is necessary or appropriate to prevent waste or
370	370	impairment of the estate's administration;
371	371	(2) the order is necessary or appropriate to achieve
372	372	the testator's tax objectives or to qualify a distributee for
373	373	government benefits and is not contrary to the testator's intent;
374	374	or
375	375	(3) the order is necessary to correct a scrivener's
376	376	error in the terms of the will, even if unambiguous, to conform with
377	377	the testator's intent.
378	378	(b) An order described in Subsection (a)(3) may be issued
379	379	only if the testator's intent is established by clear and
380	380	convincing evidence.
381	381	Sec. 255.452. JUDICIAL DISCRETION. The court shall
382	382	exercise the court's discretion to order a modification or
383	383	reformation under this subchapter in the manner that conforms as
384	384	nearly as possible to the probable intent of the testator.
385	385	Sec. 255.453. RETROACTIVE EFFECT. The court may direct
386	386	that an order described by this subchapter has retroactive effect.
387	387	Sec. 255.454. POWERS CUMULATIVE. This subchapter does not
388	388	limit a court's powers under other law, including the power to
389	389	modify, reform, or terminate a testamentary trust under Section
390	390	112.054, Property Code.
391	391	Sec. 255.455. DUTIES AND LIABILITY OF PERSONAL
392	392	REPRESENTATIVE UNDER SUBCHAPTER. (a) This subchapter does not
393	393	create or imply a duty for a personal representative to:
394	394	(1) petition a court for modification or reformation
395	395	of a will, to be directed or permitted to perform acts that are not
396	396	authorized or that are prohibited by the terms of the will, or to be
397	397	prohibited from performing acts that are required by the terms of
398	398	the will;
399	399	(2) inform devisees about the availability of relief
400	400	under this subchapter; or
401	401	(3) review the will or other evidence to determine
402	402	whether any action should be taken under this subchapter.
403	403	(b) A personal representative is not liable for failing to
404	404	file a petition under Section 255.451.
405	405	SECTION 19. Sections 256.003(a) and (b), Estates Code, are
406	406	amended to read as follows:
407	407	(a) Except as provided by Section 501.001 with respect to a
408	408	foreign will, a [A] will may not be admitted to probate after the
409	409	fourth anniversary of the testator's death unless it is shown by
410	410	proof that the applicant for the probate of the will was not in
411	411	default in failing to present the will for probate on or before the
412	412	fourth anniversary of the testator's death.
413	413	(b) Except as provided by Section 501.006 with respect to a
414	414	foreign will, letters [Letters] testamentary may not be issued if a
415	415	will is admitted to probate after the fourth anniversary of the
416	416	testator's death.
417	417	SECTION 20. Section 256.051(a), Estates Code, is amended
418	418	to read as follows:
419	419	(a) An executor named in a will, an independent
420	420	administrator designated by all of the distributees of the decedent
421	421	under Section 401.002(b), or an interested person may file an
422	422	application with the court for an order admitting a will to probate,
423	423	whether the will is:
424	424	(1) written or unwritten;
425	425	(2) in the applicant's possession or not;
426	426	(3) lost;
427	427	(4) destroyed; or
428	428	(5) outside of this state.
429	429	SECTION 21. Section 256.052(a), Estates Code, is amended to
430	430	read as follows:
431	431	(a) An application for the probate of a will must state and
432	432	aver the following to the extent each is known to the applicant or
433	433	can, with reasonable diligence, be ascertained by the applicant:
434	434	(1) each applicant's name and domicile;
435	435	(2) the testator's name, domicile, and, if known, age,
436	436	on the date of the testator's death;
437	437	(3) the fact, date [time], and place of the testator's
438	438	death;
439	439	(4) facts showing that the court with which the
440	440	application is filed has venue;
441	441	(5) that the testator owned property, including a
442	442	statement generally describing the property and the property's
443	443	probable value;
444	444	(6) the date of the will;
445	445	(7) the name, state of residence, and physical address
446	446	where service can be had of the executor named in the will or other
447	447	person to whom the applicant desires that letters be issued;
448	448	(8) the name of each subscribing witness to the will,
449	449	if any;
450	450	(9) whether one or more children born to or adopted by
451	451	the testator after the testator executed the will survived the
452	452	testator and, if so, the name of each of those children;
453	453	(10) whether a marriage of the testator was ever
454	454	dissolved after the will was made and, if so, when and from whom;
455	455	(11) whether the state, a governmental agency of the
456	456	state, or a charitable organization is named in the will as a
457	457	devisee; and
458	458	(12) that the executor named in the will, the
459	459	applicant, or another person to whom the applicant desires that
460	460	letters be issued is not disqualified by law from accepting the
461	461	letters.
462	462	SECTION 22. Section 256.054, Estates Code, is amended to
463	463	read as follows:
464	464	Sec. 256.054. ADDITIONAL APPLICATION REQUIREMENTS WHEN NO
465	465	WILL IS PRODUCED. In addition to the requirements for an
466	466	application under Section 256.052, if an applicant for the probate
467	467	of a will cannot produce the will in court, the application must
468	468	state:
469	469	(1) the reason the will cannot be produced;
470	470	(2) the contents of the will, as far as known; and
471	471	(3) the name[, age, marital status,] and address, if
472	472	known, whether the person is an adult or minor, and the relationship
473	473	to the testator, if any, of:
474	474	(A) each devisee;
475	475	(B) each person who would inherit as an heir of
476	476	the testator in the absence of a valid will; and
477	477	(C) in the case of partial intestacy, each heir
478	478	of the testator.
479	479	SECTION 23. Sections 256.152(b) and (c), Estates Code, are
480	480	amended to read as follows:
481	481	(b) A will that is self-proved as provided by Subchapter C,
482	482	Chapter 251, that [or, if executed in another state or a foreign
483	483	country,] is self-proved in accordance with the law [laws] of
484	484	another [the] state or foreign country where the will was executed,
485	485	as that law existed at the time of the will's execution, or that is
486	486	self-proved in accordance with the law of another state or foreign
487	487	country where the testator was domiciled or had a place of
488	488	residence, as that law existed at the time of the will's execution
489	489	or the time of the testator's death, [of the testator's domicile at
490	490	the time of the execution] is not required to have any additional
491	491	proof that the will was executed with the formalities and
492	492	solemnities and under the circumstances required to make the will
493	493	valid.
494	494	(c) As an alternative to Subsection (b), a will [executed in
495	495	another state or a foreign country] is considered self-proved
496	496	without further evidence of the law of any [the other] state or
497	497	foreign country if:
498	498	(1) the will was executed in another state or a foreign
499	499	country or the testator was domiciled or had a place of residence in
500	500	another state or a foreign country at the time of the will's
501	501	execution or the time of the testator's death; and
502	502	(2) the will, or an affidavit of the testator and
503	503	attesting witnesses attached or annexed to the will, provides that:
504	504	(A) [(1)] the testator declared that the
505	505	testator signed the instrument as the testator's will, the testator
506	506	signed it willingly or willingly directed another to sign for the
507	507	testator, the testator executed the will as the testator's free and
508	508	voluntary act for the purposes expressed in the instrument, the
509	509	testator is of sound mind and under no constraint or undue
510	510	influence, and the testator is eighteen years of age or over or, if
511	511	under that age, was or had been lawfully married, or was then a
512	512	member of the armed forces of the United States, an auxiliary of the
513	513	armed forces of the United States, or the United States Maritime
514	514	Service; and
515	515	(B) [(2)] the witnesses declared that the
516	516	testator signed the instrument as the testator's will, the testator
517	517	signed it willingly or willingly directed another to sign for the
518	518	testator, each of the witnesses, in the presence and hearing of the
519	519	testator, signed the will as witness to the testator's signing, and
520	520	to the best of their knowledge the testator was of sound mind and
521	521	under no constraint or undue influence, and the testator was
522	522	eighteen years of age or over or, if under that age, was or had been
523	523	lawfully married, or was then a member of the armed forces of the
524	524	United States, an auxiliary of the armed forces of the United
525	525	States, or the United States Maritime Service.
526	526	SECTION 24. Section 257.051(a), Estates Code, is amended to
527	527	read as follows:
528	528	(a) An application for the probate of a will as a muniment of
529	529	title must state and aver the following to the extent each is known
530	530	to the applicant or can, with reasonable diligence, be ascertained
531	531	by the applicant:
532	532	(1) each applicant's name and domicile;
533	533	(2) the testator's name, domicile, and, if known, age,
534	534	on the date of the testator's death;
535	535	(3) the fact, date [time], and place of the testator's
536	536	death;
537	537	(4) facts showing that the court with which the
538	538	application is filed has venue;
539	539	(5) that the testator owned property, including a
540	540	statement generally describing the property and the property's
541	541	probable value;
542	542	(6) the date of the will;
543	543	(7) the name, state of [and] residence, and physical
544	544	address where service can be had of the [of:
545	545	[(A) any] executor named in the will;
546	546	(8) the name of [and
547	547	[(B)] each subscribing witness to the will, if
548	548	any;
549	549	(9) [(8)] whether one or more children born to or
550	550	adopted by the testator after the testator executed the will
551	551	survived the testator and, if so, the name of each of those
552	552	children;
553	553	(10) [(9)] that the testator's estate does not owe an
554	554	unpaid debt, other than any debt secured by a lien on real estate;
555	555	(11) [(10)] whether a marriage of the testator was
556	556	ever dissolved after the will was made and, if so, when and from
557	557	whom; and
558	558	(12) [(11)] whether the state, a governmental agency
559	559	of the state, or a charitable organization is named in the will as a
560	560	devisee.
561	561	SECTION 25. Section 257.053, Estates Code, is amended to
562	562	read as follows:
563	563	Sec. 257.053. ADDITIONAL APPLICATION REQUIREMENTS WHEN NO
564	564	WILL IS PRODUCED. In addition to the requirements for an
565	565	application under Section 257.051, if an applicant for the probate
566	566	of a will as a muniment of title cannot produce the will in court,
567	567	the application must state:
568	568	(1) the reason the will cannot be produced;
569	569	(2) the contents of the will, to the extent known; and
570	570	(3) the name[, age, marital status,] and address, if
571	571	known, whether the person is an adult or minor, and the relationship
572	572	to the testator, if any, of:
573	573	(A) each devisee;
574	574	(B) each person who would inherit as an heir of
575	575	the testator in the absence of a valid will; and
576	576	(C) in the case of partial intestacy, each heir
577	577	of the testator.
578	578	SECTION 26. Section 301.002(a), Estates Code, is amended to
579	579	read as follows:
580	580	(a) Except as provided by Subsection (b) and Section 501.006
581	581	with respect to a foreign will, an application for the grant of
582	582	letters testamentary or of administration of an estate must be
583	583	filed not later than the fourth anniversary of the decedent's
584	584	death.
585	585	SECTION 27. Section 301.051, Estates Code, is amended to
586	586	read as follows:
587	587	Sec. 301.051. ELIGIBLE APPLICANTS FOR LETTERS. An executor
588	588	named in a will, an independent administrator designated by all of
589	589	the distributees of the decedent under Section 401.002(b) or
590	590	401.003, or an interested person may file an application with the
591	591	court for:
592	592	(1) the appointment of the executor named in the will;
593	593	or
594	594	(2) the appointment of an administrator, if:
595	595	(A) there is a will, but:
596	596	(i) no executor is named in the will; or
597	597	(ii) the executor named in the will is
598	598	disqualified, refuses to serve, is dead, or resigns; or
599	599	(B) there is no will.
600	600	SECTION 28. Section 301.052, Estates Code, is amended to
601	601	read as follows:
602	602	Sec. 301.052. CONTENTS OF APPLICATION FOR LETTERS OF
603	603	ADMINISTRATION. An application for letters of administration when
604	604	no will is alleged to exist must state:
605	605	(1) the applicant's name, domicile, and, if any,
606	606	relationship to the decedent;
607	607	(2) the decedent's name and that the decedent died
608	608	intestate;
609	609	(3) the fact, date [time], and place of the decedent's
610	610	death;
611	611	(4) facts necessary to show that the court with which
612	612	the application is filed has venue;
613	613	(5) whether the decedent owned property and, if so,
614	614	include a statement of the property's probable value;
615	615	(6) the name[, age, marital status,] and address, if
616	616	known, whether the heir is an adult or minor, and the relationship
617	617	to the decedent of each of the decedent's heirs;
618	618	(7) if known by the applicant at the time the applicant
619	619	files the application, whether one or more children were born to or
620	620	adopted by the decedent and, if so, the name, birth date, and place
621	621	of birth of each child;
622	622	(8) if known by the applicant at the time the applicant
623	623	files the application, whether the decedent was ever divorced and,
624	624	if so, when and from whom;
625	625	(9) that a necessity exists for administration of the
626	626	decedent's estate and an allegation of the facts that show that
627	627	necessity; and
628	628	(10) that the applicant is not disqualified by law
629	629	from acting as administrator.
630	630	SECTION 29. Section 301.151, Estates Code, is amended to
631	631	read as follows:
632	632	Sec. 301.151. GENERAL PROOF REQUIREMENTS. An applicant for
633	633	the issuance of letters testamentary or of administration of an
634	634	estate must prove to the court's satisfaction that:
635	635	(1) the person whose estate is the subject of the
636	636	application is dead;
637	637	(2) except as provided by Section 501.006 with respect
638	638	to a foreign will, four years have not elapsed since the date of the
639	639	decedent's death and before the application;
640	640	(3) the court has jurisdiction and venue over the
641	641	estate;
642	642	(4) citation has been served and returned in the
643	643	manner and for the period required by this title; and
644	644	(5) the person for whom letters testamentary or of
645	645	administration are sought is entitled by law to the letters and is
646	646	not disqualified.
647	647	SECTION 30. Section 308.004(a), Estates Code, is amended to
648	648	read as follows:
649	649	(a) Not later than the 90th day after the date of an order
650	650	admitting a will to probate, the personal representative shall file
651	651	with the clerk of the court in which the decedent's estate is
652	652	pending a sworn affidavit of the representative or a certificate
653	653	signed by the representative's attorney stating:
654	654	(1) for each beneficiary to whom notice was required
655	655	to be given under this subchapter, the name [and address] of the
656	656	beneficiary to whom the representative gave the notice or, for a
657	657	beneficiary described by Section 308.002(b), the name [and address]
658	658	of the beneficiary and of the person to whom the notice was given;
659	659	(2) the name [and address] of each beneficiary to whom
660	660	notice was not required to be given under Section 308.002(c)(2),
661	661	(3), or (4);
662	662	(3) the name of each beneficiary whose identity or
663	663	address could not be ascertained despite the representative's
664	664	exercise of reasonable diligence; and
665	665	(4) any other information necessary to explain the
666	666	representative's inability to give the notice to or for any
667	667	beneficiary as required by this subchapter.
668	668	SECTION 31. Sections 309.001(a) and (c), Estates Code, are
669	669	amended to read as follows:
670	670	(a) At any time after letters testamentary or of
671	671	administration are granted, the court, for good cause, on the
672	672	court's own motion or on the motion of an interested person [party]
673	673	shall appoint at least one but not more than three disinterested
674	674	persons who are residents of the county in which the letters were
675	675	granted to appraise the estate property.
676	676	(c) If the court makes an appointment under Subsection (a)
677	677	[or (b)] and part of the estate is located in a county other than the
678	678	county in which the letters were granted, the court, if the court
679	679	considers necessary, may appoint at least one but not more than
680	680	three disinterested persons who are residents of the county in
681	681	which the relevant part of the estate is located to appraise the
682	682	estate property located in that county.
683	683	SECTION 32. Section 309.056, Estates Code, is amended by
684	684	amending Subsections (b) and (c) and adding Subsection (b-1) to
685	685	read as follows:
686	686	(b) Notwithstanding Sections 309.051 and 309.052, or any
687	687	contrary provision in a decedent's will that does not specifically
688	688	prohibit the filing of an affidavit described by this subsection,
689	689	if there are no unpaid debts, except for secured debts, taxes, and
690	690	administration expenses, at the time the inventory is due,
691	691	including any extensions, an independent executor may file with the
692	692	court clerk, in lieu of the inventory, appraisement, and list of
693	693	claims, an affidavit stating that all debts, except for secured
694	694	debts, taxes, and administration expenses, are paid and that all
695	695	beneficiaries other than those described by Subsection (b-1) have
696	696	received a verified, full, and detailed inventory and
697	697	appraisement. The affidavit in lieu of the inventory,
698	698	appraisement, and list of claims must be filed within the 90-day
699	699	period prescribed by Section 309.051(a), unless the court grants an
700	700	extension.
701	701	(b-1) Absent a written request by a beneficiary, an
702	702	independent executor is not required to provide a verified, full,
703	703	and detailed inventory and appraisement to a beneficiary who:
704	704	(1) is entitled to receive aggregate devises under the
705	705	will with an estimated value of $2,000 or less;
706	706	(2) has received all devises to which the beneficiary
707	707	is entitled under the will on or before the date an affidavit under
708	708	this section is filed; or
709	709	(3) has waived in writing the beneficiary's right to
710	710	receive a verified, full, and detailed inventory and appraisement.
711	711	(c) If the independent executor files an affidavit in lieu
712	712	of the inventory, appraisement, and list of claims as authorized
713	713	under Subsection (b):
714	714	(1) any person interested in the estate, including a
715	715	possible heir of the decedent, [or] a beneficiary under a prior will
716	716	of the decedent, or a beneficiary described by Subsection (b-1), is
717	717	entitled to receive a copy of the inventory, appraisement, and list
718	718	of claims from the independent executor on written request;
719	719	(2) the independent executor may provide a copy of the
720	720	inventory, appraisement, and list of claims to any person the
721	721	independent executor believes in good faith may be a person
722	722	interested in the estate without liability to the estate or its
723	723	beneficiaries; and
724	724	(3) a person interested in the estate may apply to the
725	725	court for an order compelling compliance with Subdivision (1), and
726	726	the court, in its discretion, may compel the independent executor
727	727	to provide a copy of the inventory, appraisement, and list of claims
728	728	to the interested person or may deny the application.
729	729	SECTION 33. Section 352.052(b), Estates Code, is amended to
730	730	read as follows:
731	731	(b) A person designated as a devisee in or beneficiary of a
732	732	will or an alleged will[, or as administrator with the will or
733	733	alleged will annexed,] who, for the purpose of having the will or
734	734	alleged will admitted to probate, defends the will or alleged will
735	735	or prosecutes any proceeding in good faith and with just cause,
736	736	whether or not successful, may be allowed out of the estate the
737	737	person's necessary expenses and disbursements in those
738	738	proceedings, including reasonable attorney's fees.
739	739	SECTION 34. Subchapter A, Chapter 353, Estates Code, is
740	740	amended by adding Section 353.002 to read as follows:
741	741	Sec. 353.002. DEFINITION. Notwithstanding Section 22.013,
742	742	in this chapter, "exempt property" means the following property in
743	743	a decedent's estate that is exempt from execution or forced sale by
744	744	the constitution or laws of this state, and any allowance paid
745	745	instead of that property:
746	746	(1) the homestead; and
747	747	(2) property described by Section 42.002(a), Property
748	748	Code.
749	749	SECTION 35. Sections 353.051(a) and (b), Estates Code, are
750	750	amended to read as follows:
751	751	(a) Unless an application and verified affidavit are filed
752	752	as provided by Subsection (b), immediately after the inventory,
753	753	appraisement, and list of claims of an estate are approved or after
754	754	the affidavit in lieu of the inventory, appraisement, and list of
755	755	claims is filed, the court by order shall set aside:
756	756	(1) the homestead for the use and benefit of the
757	757	decedent's surviving spouse and minor children; and
758	758	(2) all other exempt [estate] property [that is exempt
759	759	from execution or forced sale by the constitution and laws of this
760	760	state] for the use and benefit of the decedent's:
761	761	(A) surviving spouse and minor children;
762	762	(B) unmarried adult children remaining with the
763	763	decedent's family; and
764	764	(C) each other adult child who is incapacitated.
765	765	(b) Before the inventory, appraisement, and list of claims
766	766	of an estate are approved or, if applicable, before the affidavit in
767	767	lieu of the inventory, appraisement, and list of claims is filed:
768	768	(1) the decedent's surviving spouse or any other
769	769	person authorized to act on behalf of the decedent's minor children
770	770	may apply to the court to have exempt property, including the
771	771	homestead, set aside by filing an application and a verified
772	772	affidavit listing all the property that the applicant claims is
773	773	exempt for purposes of this chapter; and
774	774	(2) any of the decedent's unmarried adult children
775	775	remaining with the decedent's family, any other adult child of the
776	776	decedent who is incapacitated, or a person who is authorized to act
777	777	on behalf of the adult incapacitated child may apply to the court to
778	778	have all exempt property, other than the homestead, set aside by
779	779	filing an application and a verified affidavit listing all the
780	780	property, other than the homestead, that the applicant claims is
781	781	exempt for purposes of this chapter.
782	782	SECTION 36. Section 353.053(a), Estates Code, is amended to
783	783	read as follows:
784	784	(a) If all or any of the specific articles of exempt
785	785	property [from execution or forced sale by the constitution and
786	786	laws of this state] are not among the decedent's effects, the court
787	787	shall make, in lieu of the articles not among the effects, a
788	788	reasonable allowance to be paid to the decedent's surviving spouse
789	789	and children as provided by Section 353.054.
790	790	SECTION 37. Sections 353.153 and 353.154, Estates Code, are
791	791	amended to read as follows:
792	792	Sec. 353.153. TITLE TO PROPERTY OF INSOLVENT ESTATE. If on
793	793	final settlement an estate proves to be insolvent, the decedent's
794	794	surviving spouse and children have absolute title to all property
795	795	and allowances set aside or paid to them under this title. The
796	796	distributees are entitled to distribution of any remaining exempt
797	797	property held by the executor or administrator in the same manner as
798	798	other estate property. The property and allowances set aside or
799	799	paid to the decedent's surviving spouse or children, and any
800	800	remaining exempt property held by the executor or administrator,
801	801	may not be taken for any of the estate debts except as provided by
802	802	Section 353.155.
803	803	Sec. 353.154. CERTAIN PROPERTY NOT CONSIDERED IN
804	804	DETERMINING SOLVENCY. In determining whether an estate is solvent
805	805	or insolvent, the exempt property set aside for the decedent's
806	806	surviving spouse or children, any allowance made in lieu of that
807	807	exempt property, [and] the family allowance under Subchapter C, and
808	808	any remaining exempt property held by the executor or administrator
809	809	may not be estimated or considered as estate assets.
810	810	SECTION 38. Section 401.002, Estates Code, is amended to
811	811	read as follows:
812	812	Sec. 401.002. CREATION IN TESTATE ESTATE BY AGREEMENT. (a)
813	813	Except as provided in Section 401.001(b), if a decedent's will
814	814	names an executor but the will does not provide for independent
815	815	administration as provided in Section 401.001(a), all of the
816	816	distributees of the decedent may agree on the advisability of
817	817	having an independent administration and collectively designate in
818	818	the application for probate of the decedent's will, or in one or
819	819	more separate documents consenting to the application for probate
820	820	of the decedent's will, the executor named in the will to serve as
821	821	independent executor and request [in the application] that no other
822	822	action shall be had in the probate court in relation to the
823	823	settlement of the decedent's estate other than the probating and
824	824	recording of the decedent's will and the return of an inventory,
825	825	appraisement, and list of claims of the decedent's estate. In such
826	826	case the probate court shall enter an order granting independent
827	827	administration and appointing the person, firm, or corporation
828	828	designated by the distributees [in the application] as independent
829	829	executor, unless the court finds that it would not be in the best
830	830	interest of the estate to do so.
831	831	(b) Except as provided in Section 401.001(b), in situations
832	832	where no executor is named in the decedent's will, or in situations
833	833	where each executor named in the will is deceased or is disqualified
834	834	to serve as executor or indicates by affidavit filed with the
835	835	application for administration of the decedent's estate the
836	836	executor's inability or unwillingness to serve as executor, all of
837	837	the distributees of the decedent may agree on the advisability of
838	838	having an independent administration and collectively designate in
839	839	the application for probate of the decedent's will, or in one or
840	840	more separate documents consenting to the application for probate
841	841	of the decedent's will, a qualified person, firm, or corporation to
842	842	serve as independent administrator and request [in the application]
843	843	that no other action shall be had in the probate court in relation
844	844	to the settlement of the decedent's estate other than the probating
845	845	and recording of the decedent's will and the return of an inventory,
846	846	appraisement, and list of claims of the decedent's estate. In such
847	847	case the probate court shall enter an order granting independent
848	848	administration and appointing the person, firm, or corporation
849	849	designated by the distributees [in the application] as independent
850	850	administrator, unless the court finds that it would not be in the
851	851	best interest of the estate to do so.
852	852	SECTION 39. Section 401.003(a), Estates Code, is amended to
853	853	read as follows:
854	854	(a) All of the distributees of a decedent dying intestate
855	855	may agree on the advisability of having an independent
856	856	administration and collectively designate in the application for
857	857	administration of the decedent's estate, or in one or more
858	858	documents consenting to the application for administration of the
859	859	decedent's estate, a qualified person, firm, or corporation to
860	860	serve as independent administrator and request [in the application]
861	861	that no other action shall be had in the probate court in relation
862	862	to the settlement of the decedent's estate other than the return of
863	863	an inventory, appraisement, and list of claims of the decedent's
864	864	estate. In such case the probate court shall enter an order
865	865	granting independent administration and appointing the person,
866	866	firm, or corporation designated by the distributees [in the
867	867	application] as independent administrator, unless the court finds
868	868	that it would not be in the best interest of the estate to do so.
869	869	SECTION 40. Sections 401.004(c) and (h), Estates Code, are
870	870	amended to read as follows:
871	871	(c) If a distributee is an incapacitated person, the
872	872	guardian of the person of the distributee may consent to the
873	873	creation of an independent administration [sign the application] on
874	874	behalf of the distributee. If the probate court finds that either
875	875	the granting of independent administration or the appointment of
876	876	the person, firm, or corporation designated by the distributees [in
877	877	the application] as independent executor would not be in the best
878	878	interest of the incapacitated person, then, notwithstanding
879	879	anything to the contrary in Section 401.002 or 401.003, the court
880	880	may not enter an order granting independent administration of the
881	881	estate. If a distributee who is an incapacitated person has no
882	882	guardian of the person, the probate court may appoint a guardian ad
883	883	litem to act [make application] on behalf of the incapacitated
884	884	person if the court considers such an appointment necessary to
885	885	protect the interest of the distributees. Alternatively, if the
886	886	distributee who is an incapacitated person is a minor and has no
887	887	guardian of the person, the natural guardian or guardians of the
888	888	minor may consent on the minor's behalf if there is no conflict of
889	889	interest between the minor and the natural guardian or guardians.
890	890	(h) If a distributee of a decedent's estate dies and if by
891	891	virtue of the distributee's death the distributee's share of the
892	892	decedent's estate becomes payable to the distributee's estate, the
893	893	deceased distributee's personal representative may consent to the
894	894	[sign the application for] independent administration of the
895	895	decedent's estate under Section 401.002 or 401.003 and under
896	896	Subsection (c).
897	897	SECTION 41. Section 401.006, Estates Code, is amended to
898	898	read as follows:
899	899	Sec. 401.006. GRANTING POWER OF SALE BY AGREEMENT. In a
900	900	situation in which a decedent does not have a will, or a decedent's
901	901	will does not contain language authorizing the personal
902	902	representative to sell property or contains language that is not
903	903	sufficient to grant the representative that authority, the court
904	904	may include in an order appointing an independent executor [under
905	905	Section 401.002 or 401.003] any general or specific authority
906	906	regarding the power of the independent executor to sell property
907	907	that may be consented to by the beneficiaries who are to receive any
908	908	interest in the property in the application for independent
909	909	administration or for the appointment of an independent executor or
910	910	in their consents to the independent administration or to the
911	911	appointment of an independent executor. The independent executor,
912	912	in such event, may sell the property under the authority granted in
913	913	the court order without the further consent of those beneficiaries.
914	914	SECTION 42. Subtitle J, Title 2, Estates Code, is amended by
915	915	adding Chapter 456 to read as follows:
916	916	CHAPTER 456. DISBURSEMENT AND CLOSING OF LAWYER TRUST OR ESCROW
917	917	ACCOUNTS
918	918	Sec. 456.001. DEFINITION. In this chapter, "eligible
919	919	institution" means a financial institution or investment company in
920	920	which a lawyer has established an escrow or trust account for
921	921	purposes of holding client funds or the funds of third persons that
922	922	are in the lawyer's possession in connection with representation as
923	923	required by the Texas Disciplinary Rules of Professional Conduct.
924	924	Sec. 456.002. AUTHORITY TO DESIGNATE LAWYER ON CERTAIN
925	925	TRUST OR ESCROW ACCOUNTS. (a) When administering the estate of a
926	926	deceased lawyer who established one or more trust or escrow
927	927	accounts for client funds or the funds of third persons that are in
928	928	the lawyer's possession in connection with representation as
929	929	required by the Texas Disciplinary Rules of Professional Conduct,
930	930	the personal representative may hire through written agreement a
931	931	lawyer authorized to practice in this state to:
932	932	(1) be the authorized signer on the trust or escrow
933	933	account;
934	934	(2) determine who is entitled to receive the funds in
935	935	the account;
936	936	(3) disburse the funds to the appropriate persons or
937	937	to the decedent's estate; and
938	938	(4) close the account.
939	939	(b) If the personal representative is a lawyer authorized to
940	940	practice in this state, the personal representative may state that
941	941	fact and disburse the trust or escrow account funds of a deceased
942	942	lawyer in accordance with Subsection (a).
943	943	(c) An agreement under Subsection (a) or a statement under
944	944	Subsection (b) must be made in writing, and a copy of the agreement
945	945	or statement must be delivered to each eligible institution in
946	946	which the trust or escrow accounts are established.
947	947	Sec. 456.003. DUTY OF ELIGIBLE INSTITUTIONS. Within a
948	948	reasonable time after receiving a copy of a written agreement under
949	949	Section 456.002(a) or a statement from a personal representative
950	950	under Section 456.002(b) and instructions from the lawyer
951	951	identified in the agreement or statement, as applicable, regarding
952	952	how to disburse the funds or close a trust or escrow account, an
953	953	eligible institution shall disburse the funds and close the account
954	954	in compliance with the instructions unless otherwise prohibited by
955	955	rule.
956	956	Sec. 456.004. LIABILITY OF ELIGIBLE INSTITUTIONS. An
957	957	eligible institution is not liable for any act respecting an
958	958	account taken in compliance with this chapter.
959	959	Sec. 456.005. RULES. The supreme court may adopt rules
960	960	necessary to implement this chapter.
961	961	SECTION 43. Section 501.001, Estates Code, is amended to
962	962	read as follows:
963	963	Sec. 501.001. AUTHORITY FOR ANCILLARY PROBATE OF FOREIGN
964	964	WILL. The written will of a testator who was not domiciled in this
965	965	state at the time of the testator's death may be admitted to probate
966	966	at any time in this state if:
967	967	(1) the will would affect any property in this state;
968	968	and
969	969	(2) proof is presented that the will stands probated
970	970	or otherwise established in any state of the United States or a
971	971	foreign nation.
972	972	SECTION 44. Section 501.006(a), Estates Code, is amended to
973	973	read as follows:
974	974	(a) On application, an executor named in a foreign will
975	975	admitted to ancillary probate in this state in accordance with this
976	976	chapter is entitled to receive ancillary letters testamentary on
977	977	proof made to the court that:
978	978	(1) the executor has qualified to serve as executor in
979	979	the jurisdiction in which the will was previously admitted to
980	980	probate or otherwise established; [and]
981	981	(2) the executor is not disqualified from serving in
982	982	that capacity in this state; and
983	983	(3) if the will is admitted to ancillary probate in
984	984	this state after the fourth anniversary of the testator's death,
985	985	the executor continues to serve in that capacity in the
986	986	jurisdiction in which the will was previously admitted to probate
987	987	or otherwise established.
988	988	SECTION 45. Section 309.001(b), Estates Code, is repealed.
989	989	SECTION 46. The amendment by this Act of Sections
990	990	113.004(4) and 253.001, Estates Code, is intended to clarify rather
991	991	than change existing law.
992	992	SECTION 47. Section 113.152(c), Estates Code, as added by
993	993	this Act, applies to a P.O.D. account held by a financial
994	994	institution on or after the effective date of this Act, regardless
995	995	of the date on which the account was opened.
996	996	SECTION 48. Sections 201.051, 201.052, 201.056,
997	997	308.004(a), 309.056, 352.052(b), 353.051(a) and (b), 353.053(a),
998	998	353.153, and 353.154, Estates Code, as amended by this Act, and
999	999	Subchapters I and J, Chapter 255, and Section 353.002, Estates
1000	1000	Code, as added by this Act, apply only to the estate of a decedent
1001	1001	who dies on or after the effective date of this Act. The estate of a
1002	1002	decedent who dies before the effective date of this Act is governed
1003	1003	by the law in effect on the date of the decedent's death, and the
1004	1004	former law is continued in effect for that purpose.
1005	1005	SECTION 49. Sections 123.001 and 123.052(a), Estates Code,
1006	1006	as amended by this Act, and Subchapter D, Chapter 123, Estates Code,
1007	1007	as added by this Act, apply only to a divorced individual who dies
1008	1008	on or after the effective date of this Act.
1009	1009	SECTION 50. Sections 202.005, 202.055, 202.056,
1010	1010	202.201(a), 257.051(a), and 257.053, Estates Code, as amended by
1011	1011	this Act, apply to an action filed or other proceeding commenced on
1012	1012	or after the effective date of this Act. An action filed or other
1013	1013	proceeding commenced before that date is governed by the law in
1014	1014	effect on the date the action was filed or the proceeding was
1015	1015	commenced, and the former law is continued in effect for that
1016	1016	purpose.
1017	1017	SECTION 51. Section 251.053, Estates Code, as added by this
1018	1018	Act, and Sections 251.1045(a), 256.003(a) and (b), 256.152(b) and
1019	1019	(c), 501.001, and 501.006(a), Estates Code, as amended by this Act,
1020	1020	apply only to a will executed on or after the effective date of this
1021	1021	Act. A will executed before the effective date of this Act is
1022	1022	governed by the law in effect on the date the will was executed, and
1023	1023	the former law is continued in effect for that purpose.
1024	1024	SECTION 52. Sections 401.002, 401.003(a), 401.004(c) and
1025	1025	(h), and 401.006, Estates Code, as amended by this Act, apply to the
1026	1026	administration of the estate of a decedent that is pending or
1027	1027	commenced on or after the effective date of this Act.
1028	1028	SECTION 53. Sections 256.051(a), 256.052(a), 256.054,
1029	1029	301.002(a), 301.051, 301.052, and 301.151, Estates Code, as amended
1030	1030	by this Act, apply only to an application for the probate of a will
1031	1031	or administration of a decedent's estate that is filed on or after
1032	1032	the effective date of this Act. An application for the probate of a
1033	1033	will or administration of a decedent's estate filed before that
1034	1034	date is governed by the law in effect on the date the application
1035	1035	was filed, and the former law is continued in effect for that
1036	1036	purpose.
1037	1037	SECTION 54. Chapter 456, Estates Code, as added by this Act,
1038	1038	applies only to a trust or escrow account established by a lawyer
1039	1039	who dies on or after the effective date of this Act. A trust or
1040	1040	escrow account established by a lawyer who dies before the
1041	1041	effective date of this Act is governed by the law in effect on the
1042	1042	date of the decedent's death, and the former law is continued in
1043	1043	effect for that purpose.
1044	1044	SECTION 55. This Act takes effect September 1, 2015.