84R982 CLG-F
By: Ellis S.B. No. 1792
A BILL TO BE ENTITLED
AN ACT
relating to access to a financial institution account of a person
who dies intestate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle D, Title 2, Estates Code,
is amended to read as follows:
SUBTITLE D. PROCEEDINGS AND OTHER PROCEDURES BEFORE ADMINISTRATION
OF ESTATE
SECTION 2. Subtitle D, Title 2, Estates Code, is amended by
adding Chapter 153 to read as follows:
CHAPTER 153. ACCESS TO INTESTATE'S ACCOUNT WITH FINANCIAL
INSTITUTION
Sec. 153.001. DEFINITIONS. In this chapter:
(1) "Account" has the meaning assigned by Section
113.001.
(2) "Financial institution" has the meaning assigned
by Section 201.101, Finance Code.
(3) "P.O.D. account" and "trust account" have the
meanings assigned by Section 113.004.
Sec. 153.002. INAPPLICABILITY OF CHAPTER. This chapter
does not apply to:
(1) an account with a beneficiary designation;
(2) a P.O.D. account;
(3) a trust account; or
(4) an account that provides for a right of
survivorship.
Sec. 153.003. COURT-ORDERED ACCESS TO INTESTATE'S ACCOUNT
INFORMATION. On application of any person or on the court's own
motion, a court may issue an order requiring a financial
institution to release to the person named in the order information
concerning the balance of each account that is maintained at the
financial institution of a decedent who dies intestate if:
(1) 90 days have elapsed since the date of the
decedent's death;
(2) no petition for the appointment of a personal
representative for the decedent's estate is pending; and
(3) no letters testamentary or of administration have
been granted with respect to the estate.
Sec. 153.004. ACCESS TO INTESTATE'S ACCOUNT INFORMATION
WITHOUT COURT ORDER. On presentation of a certified copy of the
decedent's death certificate and an affidavit that complies with
Section 153.005, a financial institution may release to an heir of a
decedent who dies intestate information concerning the balance of
each of the decedent's accounts that is maintained at the financial
institution if 90 days have elapsed since the date of the decedent's
death.
Sec. 153.005. FORM OF AFFIDAVIT. An affidavit presented to
a financial institution under this chapter must be in substantially
the following form:
AFFIDAVIT
Before me, the undersigned authority, on this day personally
appeared __________ ("Affiant") (insert name of affiant) who, being
first duly sworn, on his or her oath states:
My name is __________ (insert name of affiant), and I live at
__________ (insert address of affiant's residence).
I am an heir of ________________ (insert name of decedent),
who is the holder of an account ("Account holder") maintained with
_____________(insert name of financial institution). I am the
account holder's _____________________ (insert "surviving
spouse," "parent," "descendant," or other description of a familial
relationship to the account holder).
The account holder died on _______ (insert decedent's date
of death).
To the best of my knowledge no will of the account holder has
been probated and there is no will that will be offered for probate.
In addition, to the best of my knowledge there is no administration
of the account holder's estate pending in a court of this state, and
it is my belief that no administration of the estate is necessary.
Signed this ___ day of __________, ___.
_________________________________
(signature of affiant)
State of __________
County of __________
Sworn to and subscribed to before me on __________ (date) by
__________ (insert name of affiant).
_________________________________
(signature of notarial officer)
(Seal, if any, of notary) __________
(printed name)
My commission expires: __________
SECTION 3. This Act takes effect September 1, 2015.