By: Zaffirini S.B. No. 512
(Thompson of Harris)
A BILL TO BE ENTITLED
AN ACT
relating to the promulgation of certain forms for use in probate
matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 22, Government Code, is
amended by adding Section 22.020 to read as follows:
Sec. 22.020. PROMULGATION OF CERTAIN PROBATE FORMS.
(a) In this section:
(1) "Probate court" has the meaning assigned by
Section 22.007, Estates Code.
(2) "Probate matter" has the meaning assigned by
Section 22.029, Estates Code.
(b) The supreme court shall, as the court considers
appropriate, promulgate:
(1) forms for use by individuals representing
themselves in certain probate matters, including forms for use in:
(A) a small estate affidavit proceeding under
Chapter 205, Estates Code; and
(B) the probate of a will as a muniment of title
under Chapter 257, Estates Code;
(2) a simple will form for:
(A) a married individual with an adult child;
(B) a married individual with a minor child;
(C) a married individual with no children;
(D) an unmarried individual with an adult child;
(E) an unmarried individual with a minor child;
and
(F) an unmarried individual with no children; and
(3) instructions for the proper use of each form or set
of forms.
(c) The forms and instructions:
(1) must be written in plain language that is easy to
understand by the general public;
(2) shall be made readily available to the general
public in the manner prescribed by the supreme court; and
(3) must be translated into the Spanish language as
provided by Subsection (d).
(d) The Spanish language translation of a form must:
(1) state:
(A) that the Spanish language translated form is
to be used solely for the purpose of assisting in understanding the
form and may not be submitted to the probate court; and
(B) that the English language version of the form
must be submitted to the probate court; or
(2) be incorporated into the English language version
of the form in a manner that is understandable to both the probate
court and members of the general public.
(e) Each form and its instructions must clearly and
conspicuously state that the form is not a substitute for the advice
of an attorney.
(f) The clerk of a probate court shall inform members of the
general public of the availability of a form promulgated by the
supreme court under this section as appropriate and make the form
available free of charge.
(g) A probate court shall accept a form promulgated by the
supreme court under this section unless the form has been completed
in a manner that causes a substantive defect that cannot be cured.
SECTION 2. This Act takes effect September 1, 2015.