H.B. No. 2207
AN ACT
relating to procedures and fees for the deposit and safekeeping of
wills.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 252.001, Estates Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) An attorney, business entity, or other person in
possession of a testator's will may deposit the will with the county
clerk of the county of the testator's last known residence if the
attorney, business entity, or other person is unable to maintain
custody of the will and, after a diligent search, the attorney,
business entity, or other person is not able to contact or locate
the testator. The attorney, business entity, or other person shall
provide to the county clerk at the time the will is deposited:
(1) the name and last known address of the testator;
and
(2) if the will names an executor, the name and last
known address, if available, of each executor named in the will,
including any alternate executors.
(b) The county clerk shall receive and keep a [the] will
deposited under this section on the payment of a $5 fee.
SECTION 2. Section 252.002, Estates Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The wrapper of a will deposited under Section 252.001(a)
must be endorsed with:
(1) "Will of," followed by the name, address, and
signature of the testator; and
(2) the name and current address of each person who is
to be notified of the deposit of the will after the testator's
death.
(c) The wrapper of a will deposited under Section
252.001(a-1) must be endorsed with:
(1) "Will of," followed by the name and last known
address of the testator; and
(2) if the will names an executor, the name and last
known address, if available, of each executor named in the will,
including any alternate executors.
SECTION 3. Section 252.101, Estates Code, is amended to
read as follows:
Sec. 252.101. NOTIFICATION BY COUNTY CLERK. A county clerk
shall notify[, by registered mail, return receipt requested,] each
person named on the endorsement of the will wrapper that the will is
on deposit in the clerk's office if:
(1) an affidavit is submitted to the clerk stating
that the testator has died; or
(2) the clerk receives other notice or proof of the
testator's death sufficient to convince the clerk that the testator
has died.
SECTION 4. Section 252.104, Estates Code, is amended to
read as follows:
Sec. 252.104. NOTICE AND DELIVERY OF WILL TO EXECUTOR. If a
county clerk inspects a will under Section 252.103 and the will
names an executor, the clerk shall:
(1) notify the person named as executor[, by
registered mail, return receipt requested,] that the will is on
deposit with the clerk; and
(2) deliver, on request, the will to the person named
as executor.
SECTION 5. Section 252.105(a), Estates Code, is amended to
read as follows:
(a) If a county clerk inspects a will under Section 252.103,
the clerk shall notify [by registered mail, return receipt
requested,] the devisees named in the will that the will is on
deposit with the clerk if:
(1) the will does not name an executor;
(2) the person named as executor in the will:
(A) has died; or
(B) fails to take the will before the 31st day
after the date the notice required by Section 252.104 is mailed to
the person; or
(3) the notice mailed to the person named as executor
is returned as undelivered.
SECTION 6. Section 252.151, Estates Code, is amended to
read as follows:
Sec. 252.151. DEPOSIT HAS NO LEGAL SIGNIFICANCE. The
provisions of Subchapter A providing for the deposit of a will with
a county clerk [during the lifetime of a testator] are solely for
the purpose of providing a safe and convenient repository for a
will. For purposes of probate, a will deposited as provided by
Subchapter A may not be treated differently than a will that has not
been deposited.
SECTION 7. Section 252.201, Estates Code, is amended to
read as follows:
Sec. 252.201. WILL DELIVERY. (a) On receiving notice of a
testator's death, the person who has custody of the testator's will
shall deliver the will to the clerk of the court that has
jurisdiction of the testator's estate.
(b) The clerk of the court shall handle the will in the same
manner prescribed by Subchapter A for a will deposited under
Section 252.001 other than collection of a fee under Section
252.001(b).
SECTION 8. Subchapter E, Chapter 252, Estates Code, is
amended by adding Section 252.2015 to read as follows:
Sec. 252.2015. NOTICE AND DELIVERY OF WILL TO EXECUTOR OR
DEVISEES. (a) On the deposit of a will under Section 252.201 that
names an executor, the clerk of the court shall:
(1) notify the person named as executor in the manner
prescribed by Section 252.104; and
(2) deliver, on request, the will to the person named
as executor.
(b) On the deposit of a will under Section 252.201, the
clerk of the court shall notify the devisees named in the will in
the manner prescribed by Section 252.105(a) if:
(1) the will does not name an executor;
(2) the person named as executor in the will:
(A) has died; or
(B) fails to take the will before the 31st day
after the date the notice required by Subsection (a) is mailed to
the person; or
(3) the notice mailed to the person named as executor
is returned as undelivered.
(c) On request, the clerk of the court shall deliver the
will to any or all of the devisees notified under Subsection (b).
SECTION 9. Section 101.0815, Government Code, is amended to
read as follows:
Sec. 101.0815. STATUTORY COUNTY COURT FEES AND COSTS:
ESTATES CODE. The clerk of a statutory county court shall collect
fees and costs under the Estates Code as follows:
(1) fee for deposit of a will with the county clerk by
a testator or another person for a testator during the testator's
lifetime or by an attorney, business entity, or other person unable
to maintain custody of a testator's will and unable to contact or
locate the testator (Sec. 252.001, Estates Code) . . . $5;
(2) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 53.052, Estates Code) . . . probable cost of the
proceeding;
(3) fee on filing an application, complaint, petition,
or other paper in a guardianship proceeding, which includes a
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates
Code) . . . cost of filing and payment of attorney ad litem;
(4) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 1053.052, Estates Code)
. . . probable cost of the guardianship proceeding;
(5) nonrefundable fee to cover the cost of
administering Subchapter G, Chapter 1104, Estates Code
(Sec. 1104.303, Estates Code) . . . $40; and
(6) costs for attorney ad litem appointed to pursue
the restoration of a ward's capacity or modification of the ward's
guardianship (Sec. 1202.102, Estates Code) . . . reasonable
compensation.
SECTION 10. Section 101.1014, Government Code, is amended
to read as follows:
Sec. 101.1014. STATUTORY PROBATE COURT FEES AND COSTS:
ESTATES CODE. The clerk of a statutory probate court shall collect
fees and costs under the Estates Code as follows:
(1) fee for deposit of a will with the county clerk by
a testator or another person for a testator during the testator's
lifetime or by an attorney, business entity, or other person unable
to maintain custody of a testator's will and unable to contact or
locate the testator (Sec. 252.001, Estates Code) . . . $5;
(2) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 53.052, Estates Code) . . . probable cost of the
proceeding;
(3) fee on filing an application, complaint, petition,
or other paper in a guardianship proceeding, which includes a
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates
Code) . . . cost of filing and payment of attorney ad litem;
(4) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 1053.052, Estates Code)
. . . probable cost of the guardianship proceeding;
(5) nonrefundable fee to cover the cost of
administering Subchapter G, Chapter 1104, Estates Code
(Sec. 1104.303, Estates Code) . . . $40; and
(6) costs for attorney ad litem appointed to pursue
the restoration of a ward's capacity or modification of the ward's
guardianship (Sec. 1202.102, Estates Code) . . . reasonable
compensation.
SECTION 11. Section 101.1215, Government Code, is amended
to read as follows:
Sec. 101.1215. COUNTY COURT FEES AND COSTS: ESTATES CODE.
The clerk of a county court shall collect the following fees and
costs under the Estates Code:
(1) fee for deposit of a will with the county clerk by
a testator or another person for a testator during the testator's
lifetime or by an attorney, business entity, or other person unable
to maintain custody of a testator's will and unable to contact or
locate the testator (Sec. 252.001, Estates Code) . . . $5;
(2) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 53.052, Estates Code) . . . probable cost of the
proceeding;
(3) fee on filing an application, complaint, petition,
or other paper in a guardianship proceeding, which includes a
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates
Code) . . . cost of filing and payment of attorney ad litem;
(4) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 1053.052, Estates Code)
. . . probable cost of the guardianship proceeding;
(5) nonrefundable fee to cover the cost of
administering Subchapter G, Chapter 1104, Estates Code
(Sec. 1104.303, Estates Code) . . . $40; and
(6) costs for attorney ad litem appointed to pursue
the restoration of a ward's capacity or modification of the ward's
guardianship (Sec. 1202.102, Estates Code) . . . reasonable
compensation.
SECTION 12. Section 118.052, Local Government Code, is
amended to read as follows:
Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
shall collect the following fees for services rendered to any
person:
(1) CIVIL COURT ACTIONS
(A) Filing of Original Action (Sec. 118.053):
(i) Garnishment after judgment . . . $15.00
(ii) All others . . . $40.00
(B) Filing of Action Other than Original (Sec.
118.054) . . . $30.00
(C) Services Rendered After Judgment in Original
Action (Sec. 118.0545):
(i) Abstract of judgment . . . $ 5.00
(ii) Execution, order of sale, writ, or
other process . . . $ 5.00
(2) PROBATE COURT ACTIONS
(A) Probate Original Action (Sec. 118.055):
(i) Probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title . . . $40.00
(ii) Community survivors . . . $40.00
(iii) Small estates . . . $40.00
(iv) Declarations of heirship . . . $40.00
(v) Mental health or chemical dependency
services . . . $40.00
(vi) Additional, special fee (Sec. 118.064)
. . . $ 5.00
(B) Services in Pending Probate Action (Sec.
118.056):
(i) Filing an inventory and appraisement as
provided by Section 118.056(d) . . . $25.00
(ii) Approving and recording bond . . .
$ 3.00
(iii) Administering oath . . . $ 2.00
(iv) Filing annual or final account of
estate . . . $25.00
(v) Filing application for sale of real or
personal property . . . $25.00
(vi) Filing annual or final report of
guardian of a person . . . $10.00
(vii) Filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first, if more than
25 pages . . . $25.00
(C) Adverse Probate Action (Sec. 118.057) . . .
$40.00
(D) Claim Against Estate (Sec. 118.058) . . .
$10.00
(E) Supplemental Court-Initiated Guardianship
Fee in Probate Original Actions and Adverse Probate Actions
(Sec. 118.067) . . . $20.00
(F) Supplemental Public Probate Administrator
Fee For Counties That Have Appointed a Public Probate Administrator
(Sec. 118.068) . . . $10.00
(3) OTHER FEES
(A) Issuing Document (Sec. 118.059):
original document and one copy . . . $ 4.00
each additional set of an original and one copy . . . $ 4.00
(B) Certified Papers (Sec. 118.060):
for the clerk's certificate . . . $ 5.00
plus a fee per page or part of a page of . . . $ 1.00
(C) Noncertified Papers (Sec. 118.0605):
for each page or part of a page . . . $ 1.00
(D) Letters Testamentary, Letter of
Guardianship, Letter of Administration, or Abstract of Judgment
(Sec. 118.061) . . . $ 2.00
(E) Deposit and Safekeeping of Wills (Sec.
118.062) . . . $ 5.00
(F) Mail Service of Process (Sec. 118.063) . . .
same as sheriff
(G) Records Management and Preservation Fee
. . . $ 5.00
(H) Records Technology and Infrastructure Fee if
authorized by the commissioners court of the county (Sec. 118.026)
. . . $ 2.00
SECTION 13. Section 118.062, Local Government Code, is
amended to read as follows:
Sec. 118.062. DEPOSIT AND SAFEKEEPING OF WILLS. The fee for
"Deposit and Safekeeping of Wills" under Section 118.052(3) is for
receiving [filing] and keeping wills deposited [held] for
safekeeping. The fee must be paid at the time the will is deposited
with the county clerk [filed].
SECTION 14. Sections 252.001 and 252.201, Estates Code, as
amended by this Act, and Section 252.2015, Estates Code, as added by
this Act, apply to a will deposited with or delivered to a clerk
described by those sections on or after the effective date of this
Act. A will deposited with or delivered to a clerk described by
those sections before the effective date of this Act is governed by
the law in effect on the date the will was deposited or delivered,
and the former law is continued in effect for that purpose.
SECTION 15. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2207 was passed by the House on May 4,
2017, by the following vote: Yeas 142, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2207 on May 21, 2017, by the following vote: Yeas 131, Nays 8,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2207 was passed by the Senate, with
amendments, on May 19, 2017, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor