Texas 2017 - 85th Regular

Texas Senate Bill SB1017 Compare Versions

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

Old	New	Differences
1	1	85R1506 KFF-F
2	2	By: Rodríguez S.B. No. 1017
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to decedents' estates and certain posthumous gifts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 22.004(a), Estates Code, is amended to
10	10	read as follows:
11	11	(a) "Child" includes an adopted child, regardless of
12	12	whether the adoption occurred through:
13	13	(1) an existing or former statutory procedure; or
14	14	(2) an equitable adoption or acts of estoppel.
15	15	SECTION 2. Section 33.001, Estates Code, is amended to read
16	16	as follows:
17	17	Sec. 33.001. PROBATE OF WILLS AND GRANTING OF LETTERS
18	18	TESTAMENTARY AND OF ADMINISTRATION. (a) Venue for a probate
19	19	proceeding to admit a will to probate or for the granting of letters
20	20	testamentary or of administration is:
21	21	(1) in the county in which the decedent resided, if the
22	22	decedent had a domicile or fixed place of residence in this state;
23	23	or
24	24	(2) with respect to a decedent who did not have a
25	25	domicile or fixed place of residence in this state:
26	26	(A) if the decedent died in this state, in the
27	27	county in which:
28	28	(i) the decedent's principal estate was
29	29	located at the time of the decedent's death; or
30	30	(ii) the decedent died; or
31	31	(B) if the decedent died outside of this state:
32	32	(i) in any county in this state in which the
33	33	decedent's nearest of kin reside; or
34	34	(ii) if there is no next of kin of the
35	35	decedent in this state, in the county in which the decedent's
36	36	principal estate was located at the time of the decedent's death.
37	37	(b) For purposes of this section:
38	38	(1) the decedent's next of kin:
39	39	(A) is the decedent's surviving spouse, or if
40	40	there is no surviving spouse, other relatives of the decedent
41	41	within the third degree by consanguinity; and
42	42	(B) includes a person who legally adopted the
43	43	decedent or has been legally adopted by the decedent and that
44	44	person's descendants; and
45	45	(2) the decedent's nearest of kin is determined in
46	46	accordance with order of descent, with the decedent's next of kin
47	47	who is nearest in order of descent first, and so on.
48	48	SECTION 3. Sections 112.103(a) and (b), Estates Code, are
49	49	amended to read as follows:
50	50	(a) The deceased spouse's signature to an agreement that is
51	51	the subject of an application under Section 112.101 may be proved
52	52	by:
53	53	(1) the sworn testimony of one witness taken in open
54	54	court;
55	55	(2) the affidavit of one witness; or
56	56	(3) the written or oral deposition of one witness
57	57	taken in accordance with Section 51.203 or the Texas Rules of Civil
58	58	Procedure [the same manner and under the same rules as depositions
59	59	in other civil actions].
60	60	(b) If the surviving spouse is competent to make an oath,
61	61	the surviving spouse's signature to the agreement may be proved by:
62	62	(1) the sworn testimony of the surviving spouse taken
63	63	in open court;
64	64	(2) the surviving spouse's affidavit; or
65	65	(3) the written or oral deposition of the surviving
66	66	spouse taken in accordance with Section 51.203 or the Texas Rules of
67	67	Civil Procedure [the same manner and under the same rules as
68	68	depositions in other civil actions].
69	69	SECTION 4. Sections 113.252(a), (b), and (c), Estates Code,
70	70	are amended to read as follows:
71	71	(a) A multiple-party account is not effective against:
72	72	(1) an estate of a deceased party to transfer to a
73	73	survivor:
74	74	(A) amounts equal to the amounts of estate taxes
75	75	and expenses charged under Subchapter A, Chapter 124, to the
76	76	deceased party, P.O.D. payee, or beneficiary of the account; or
77	77	(B) if other assets of the estate are
78	78	insufficient, amounts needed to pay debts, other taxes, and
79	79	expenses of administration, including statutory allowances to the
80	80	surviving spouse and minor children[, if other assets of the estate
81	81	are insufficient]; or
82	82	(2) the claim of a secured creditor who has a lien on
83	83	the account.
84	84	(b) A party, P.O.D. payee, or beneficiary who receives
85	85	payment from a multiple-party account or causes a payment to be made
86	86	to another person from a multiple-party account after the death of a
87	87	deceased party is liable to account to the deceased party's
88	88	personal representative for amounts the deceased party owned
89	89	beneficially immediately before the party's death to the extent
90	90	necessary to discharge the claims, expenses, and charges described
91	91	by Subsection (a) [that remain unpaid after application of the
92	92	deceased party's estate]. The party, P.O.D. payee, or beneficiary
93	93	is not liable in an amount greater than the amount the party, P.O.D.
94	94	payee, or beneficiary received or caused to be paid to another
95	95	person from the multiple-party account after the deceased party's
96	96	death.
97	97	(c) Any [A] proceeding by the personal representative of a
98	98	deceased party to assert liability under Subsection (b)[:
99	99	[(1) may only be commenced if the personal
100	100	representative receives a written demand by a surviving spouse, a
101	101	creditor, or one acting for a minor child of the deceased party; and
102	102	[(2)] must be commenced on or before the second
103	103	anniversary of the death of the deceased party.
104	104	SECTION 5. Section 123.052(a), Estates Code, is amended to
105	105	read as follows:
106	106	(a) The dissolution of the marriage revokes a provision in a
107	107	trust instrument that was executed by a divorced individual as
108	108	settlor before the divorced individual's marriage was dissolved and
109	109	that:
110	110	(1) is a revocable disposition or appointment of
111	111	property made to the divorced individual's former spouse or any
112	112	relative of the former spouse who is not a relative of the divorced
113	113	individual;
114	114	(2) revocably confers a general or special power of
115	115	appointment on the divorced individual's former spouse or any
116	116	relative of the former spouse who is not a relative of the divorced
117	117	individual; or
118	118	(3) revocably nominates the divorced individual's
119	119	former spouse or any relative of the former spouse who is not a
120	120	relative of the divorced individual to serve:
121	121	(A) as a personal representative, trustee,
122	122	conservator, agent, or guardian; or
123	123	(B) in another fiduciary or representative
124	124	capacity.
125	125	SECTION 6. Subchapter B, Chapter 123, Estates Code, is
126	126	amended by adding Section 123.056 to read as follows:
127	127	Sec. 123.056. CERTAIN TRUSTS WITH DIVORCED INDIVIDUALS AS
128	128	JOINT SETTLORS. (a) This section applies only to a trust created
129	129	under a trust instrument that:
130	130	(1) was executed by two married individuals as
131	131	settlors whose marriage to each other is subsequently dissolved;
132	132	and
133	133	(2) includes a provision described by Section
134	134	123.052(a).
135	135	(b) On the death of one of the divorced individuals who is a
136	136	settlor of a trust to which this section applies, the trustee shall
137	137	divide the trust into two trusts, each of which shall be composed of
138	138	the property attributable to the contributions of only one of the
139	139	divorced individuals.
140	140	(c) An action authorized in a trust instrument described by
141	141	Subsection (a) that requires the actions of both divorced
142	142	individuals may be taken with respect to a trust established in
143	143	accordance with Subsection (b) from the surviving divorced
144	144	individual's contributions solely by that divorced individual.
145	145	(d) The provisions of this subchapter apply independently
146	146	to each trust established in accordance with Subsection (b) as if
147	147	the divorced individual from whose contributions the trust was
148	148	established had been the only settlor to execute the trust
149	149	instrument described by Subsection (a).
150	150	(e) This section does not apply if one of the following
151	151	provides otherwise:
152	152	(1) a court order;
153	153	(2) the express terms of a trust instrument executed
154	154	by the two divorced individuals before their marriage was
155	155	dissolved; or
156	156	(3) an express provision of a contract relating to the
157	157	division of the marital estate entered into between the two
158	158	divorced individuals before, during, or after their marriage.
159	159	SECTION 7. Section 123.151, Estates Code, is amended by
160	160	amending Subsections (a) and (b) and adding Subsections (c-1) and
161	161	(d-1) to read as follows:
162	162	(a) In this section:
163	163	(1) "Beneficiary," "multiple-party account," "party,"
164	164	"P.O.D. account," and "P.O.D. payee" have the meanings assigned by
165	165	Chapter 113.
166	166	(2) "Public retirement system" has the meaning
167	167	assigned by Section 802.001, Government Code.
168	168	(3) "Relative" has the meaning assigned by Section
169	169	123.051.
170	170	(4) "Survivorship agreement" means an agreement
171	171	described by Section 113.151.
172	172	(b) If[, after] a decedent established [designates a spouse
173	173	or a relative of a spouse who is not a relative of the decedent as a
174	174	P.O.D. payee or beneficiary, including alternative P.O.D. payee or
175	175	beneficiary, on] a P.O.D. account or other multiple-party account
176	176	and[,] the decedent's marriage was later [is] dissolved by divorce,
177	177	annulment, or a declaration that the marriage is void, any payable
178	178	on request after death [the] designation provision or provision of
179	179	a survivorship agreement with respect to that account in favor of
180	180	the decedent's former spouse or a relative of the former spouse who
181	181	is not a relative of the decedent [on the account] is not effective
182	182	as to that [the former] spouse or [the former spouse's] relative
183	183	unless:
184	184	(1) the court decree dissolving the marriage:
185	185	(A) designates the former spouse or the former
186	186	spouse's relative as the P.O.D. payee or beneficiary; or
187	187	(B) reaffirms the survivorship agreement or the
188	188	relevant provision of the survivorship agreement in favor of the
189	189	former spouse or the former spouse's relative;
190	190	(2) after the marriage was dissolved, the decedent:
191	191	(A) redesignated the former spouse or the former
192	192	spouse's relative as the P.O.D payee or beneficiary; or
193	193	(B) reaffirmed the survivorship agreement in
194	194	writing [after the marriage was dissolved]; or
195	195	(3) the former spouse or the former spouse's relative
196	196	is designated to receive, or under the survivorship agreement would
197	197	receive, the proceeds or benefits in trust for, on behalf of, or for
198	198	the benefit of a child or dependent of either the decedent or the
199	199	former spouse.
200	200	(c-1) If the provision of a survivorship agreement is not
201	201	effective under Subsection (b), for purposes of determining the
202	202	disposition of the decedent's interest in the account, the former
203	203	spouse or former spouse's relative who would have received the
204	204	decedent's interest if the provision were effective is treated as
205	205	if that spouse or relative predeceased the decedent.
206	206	(d-1) A financial institution is not liable for payment of
207	207	an account to a former spouse or the former spouse's relative as a
208	208	party to the account, notwithstanding the fact that a designation
209	209	or provision of a survivorship agreement in favor of that person is
210	210	not effective under Subsection (b).
211	211	SECTION 8. Section 124.001(3), Estates Code, is amended to
212	212	read as follows:
213	213	(3) "Estate tax" means any estate, inheritance, or
214	214	death tax levied or assessed on the property of a decedent's estate
215	215	because of the death of a person and imposed by federal, state,
216	216	local, or foreign law, including the federal estate tax and the
217	217	inheritance tax imposed by former Chapter 211, Tax Code, and
218	218	including interest and penalties imposed in addition to those
219	219	taxes. The term does not include a tax imposed under Section 2601
220	220	or 2701(d)(1)(A), Internal Revenue Code of 1986 (26 U.S.C. Section
221	221	2601 or 2701(d)).
222	222	SECTION 9. Section 201.054, Estates Code, is amended by
223	223	adding Subsection (e) to read as follows:
224	224	(e) For purposes of this section, "adopted child" means a
225	225	child:
226	226	(1) adopted through an existing or former statutory
227	227	procedure; or
228	228	(2) considered by a court to be equitably adopted or
229	229	adopted by acts of estoppel.
230	230	SECTION 10. The heading to Section 202.052, Estates Code,
231	231	is amended to read as follows:
232	232	Sec. 202.052. SERVICE OF CITATION BY PUBLICATION [WHEN
233	233	RECIPIENT'S NAME OR ADDRESS IS NOT ASCERTAINABLE].
234	234	SECTION 11. Section 202.057(a), Estates Code, is amended to
235	235	read as follows:
236	236	(a) A person who files an application under Section 202.005
237	237	shall file with the court:
238	238	(1) a copy of any citation required by this subchapter
239	239	and the proof of delivery of service of the citation; and
240	240	(2) an affidavit sworn to by the applicant or a
241	241	certificate signed by the applicant's attorney stating:
242	242	(A) that the citation was served as required by
243	243	this subchapter;
244	244	(B) the name of each person to whom the citation
245	245	was served, if the person's name is not shown on the proof of
246	246	delivery; and
247	247	(C) if service of citation is waived under
248	248	Section 202.056:
249	249	(i) the name of each person who waived
250	250	citation under that section; and
251	251	(ii) if citation is waived under Section
252	252	202.056(b)(1), the name of the distributee and the representative
253	253	capacity of the person who waived citation required to be served on
254	254	the distributee [Section 202.056].
255	255	SECTION 12. Section 205.001, Estates Code, is amended to
256	256	read as follows:
257	257	Sec. 205.001. ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF
258	258	PERSONAL REPRESENTATIVE. The distributees of the estate of a
259	259	decedent who dies intestate are entitled to the decedent's estate
260	260	without waiting for the appointment of a personal representative of
261	261	the estate to the extent the estate assets, excluding homestead and
262	262	exempt property, exceed the known liabilities of the estate,
263	263	excluding any liabilities secured by homestead and exempt property,
264	264	if:
265	265	(1) 30 days have elapsed since the date of the
266	266	decedent's death;
267	267	(2) no petition for the appointment of a personal
268	268	representative is pending or has been granted;
269	269	(3) the value of the estate assets on the date of the
270	270	affidavit described by Subsection (4), excluding homestead and
271	271	exempt property, does not exceed $75,000 [$50,000];
272	272	(4) an affidavit that meets the requirements of
273	273	Section 205.002 is filed with the clerk of the court that has
274	274	jurisdiction and venue of the estate;
275	275	(5) the judge approves the affidavit as provided by
276	276	Section 205.003; and
277	277	(6) the distributees comply with Section 205.004.
278	278	SECTION 13. Section 251.001, Estates Code, is amended to
279	279	read as follows:
280	280	Sec. 251.001. WHO MAY EXECUTE WILL. Under the rules and
281	281	limitations prescribed by law, a person of sound mind has the right
282	282	and power to make a [last] will [and testament] if, at the time the
283	283	will is made, the person:
284	284	(1) is 18 years of age or older;
285	285	(2) is or has been married; or
286	286	(3) is a member of the armed forces of the United
287	287	States, an auxiliary of the armed forces of the United States, or
288	288	the United States Maritime Service.
289	289	SECTION 14. Section 251.002, Estates Code, is amended to
290	290	read as follows:
291	291	Sec. 251.002. INTERESTS THAT MAY PASS BY WILL;
292	292	DISINHERITANCE. (a) Subject to limitations prescribed by law, a
293	293	person competent to make a [last] will [and testament] may devise
294	294	under the will [and testament] all the estate, right, title, and
295	295	interest in property the person has at the time of the person's
296	296	death.
297	297	(b) A person who makes a [last] will [and testament] may:
298	298	(1) disinherit an heir; and
299	299	(2) direct the disposition of property or an interest
300	300	passing under the will or by intestacy.
301	301	SECTION 15. Section 251.051, Estates Code, is amended to
302	302	read as follows:
303	303	Sec. 251.051. WRITTEN, SIGNED, AND ATTESTED. Except as
304	304	otherwise provided by law, a [last] will [and testament] must be:
305	305	(1) in writing;
306	306	(2) signed by:
307	307	(A) the testator in person; or
308	308	(B) another person on behalf of the testator:
309	309	(i) in the testator's presence; and
310	310	(ii) under the testator's direction; and
311	311	(3) attested by two or more credible witnesses who are
312	312	at least 14 years of age and who subscribe their names to the will in
313	313	their own handwriting in the testator's presence.
314	314	SECTION 16. Section 251.103, Estates Code, is amended to
315	315	read as follows:
316	316	Sec. 251.103. PERIOD FOR MAKING ATTESTED WILLS SELF-PROVED.
317	317	A will [or testament] that meets the requirements of Section
318	318	251.051 may be made self-proved at:
319	319	(1) the time of the execution of the will [or
320	320	testament]; or
321	321	(2) a later date during the lifetime of the testator
322	322	and the witnesses.
323	323	SECTION 17. Sections 251.104(c), (d), and (e), Estates
324	324	Code, are amended to read as follows:
325	325	(c) The self-proving affidavit shall be attached or annexed
326	326	to the will [or testament].
327	327	(d) An affidavit that is in substantial compliance with the
328	328	form of the affidavit provided by Subsection (e), that is
329	329	subscribed and acknowledged by the testator, and that is subscribed
330	330	and sworn to by the attesting witnesses is sufficient to self-prove
331	331	the will. No other affidavit or certificate of a testator is
332	332	required to self-prove a will [or testament] other than the
333	333	affidavit provided by Subsection (e).
334	334	(e) The form and content of the self-proving affidavit must
335	335	be substantially as follows:
336	336	THE STATE OF TEXAS
337	337	COUNTY OF ________________
338	338	Before me, the undersigned authority, on this day personally
339	339	appeared _____________, _____________, and _____________, known to
340	340	me to be the testator and the witnesses, respectively, whose names
341	341	are subscribed to the annexed or foregoing instrument in their
342	342	respective capacities, and, all of said persons being by me duly
343	343	sworn, the said _____________, testator, declared to me and to the
344	344	said witnesses in my presence that said instrument is [his/her]
345	345	[last] will [and testament], and that [he/she] had willingly made
346	346	and executed it as [his/her] free act and deed; and the said
347	347	witnesses, each on [his/her] oath stated to me, in the presence and
348	348	hearing of the said testator, that the said testator had declared to
349	349	them that said instrument is [his/her] [last] will [and testament],
350	350	and that [he/she] executed same as such and wanted each of them to
351	351	sign it as a witness; and upon their oaths each witness stated
352	352	further that they did sign the same as witnesses in the presence of
353	353	the said testator and at [his/her] request; that [he/she] was at
354	354	that time eighteen years of age or over (or being under such age,
355	355	was or had been lawfully married, or was then a member of the armed
356	356	forces of the United States, or an auxiliary of the armed forces of
357	357	the United States, or the United States Maritime Service) and was of
358	358	sound mind; and that each of said witnesses was then at least
359	359	fourteen years of age.
360	360	_______________
361	361	Testator
362	362	_______________
363	363	Witness
364	364	_______________
365	365	Witness
366	366	Subscribed and sworn to before me by the said ____________,
367	367	testator, and by the said ________________ and _______________,
368	368	witnesses, this ______ day of ________________ A.D.
369	369	________________.
370	370	(SEAL)
371	371	(Signed) ______________________________
372	372	(Official Capacity of Officer)
373	373	SECTION 18. Section 251.107, Estates Code, is amended to
374	374	read as follows:
375	375	Sec. 251.107. SELF-PROVED HOLOGRAPHIC WILL.
376	376	Notwithstanding any other provision of this subchapter, a will
377	377	written wholly in the testator's handwriting may be made
378	378	self-proved at any time during the testator's lifetime by the
379	379	attachment or annexation to the will of an affidavit by the testator
380	380	to the effect that:
381	381	(1) the instrument is the testator's [last] will;
382	382	(2) the testator was 18 years of age or older at the
383	383	time the will was executed or, if the testator was younger than 18
384	384	years of age, that the testator:
385	385	(A) was or had been married; or
386	386	(B) was a member of the armed forces of the United
387	387	States, an auxiliary of the armed forces of the United States, or
388	388	the United States Maritime Service at the time the will was
389	389	executed;
390	390	(3) the testator was of sound mind; and
391	391	(4) the testator has not revoked the will.
392	392	SECTION 19. Section 252.152, Estates Code, is amended to
393	393	read as follows:
394	394	Sec. 252.152. PRIOR DEPOSITED WILL IN RELATION TO LATER
395	395	WILL. A will that is not deposited as provided by Subchapter A
396	396	shall be admitted to probate on proof that the will is the last will
397	397	[and testament] of the testator, notwithstanding the fact that the
398	398	testator has a prior will that has been deposited in accordance with
399	399	Subchapter A.
400	400	SECTION 20. Section 255.151, Estates Code, is amended to
401	401	read as follows:
402	402	Sec. 255.151. APPLICABILITY OF SUBCHAPTER. This subchapter
403	403	applies unless the testator's [last] will [and testament] provides
404	404	otherwise. For example, a devise in the testator's will stating "to
405	405	my surviving children" or "to such of my children as shall survive
406	406	me" prevents the application of Sections 255.153 and 255.154.
407	407	SECTION 21. Section 255.401, Estates Code, is amended by
408	408	amending Subsection (a) and adding Subsection (a-1) to read as
409	409	follows:
410	410	(a) A right to take as a member under a class gift does not
411	411	accrue to any person unless the person is born before, or is in
412	412	gestation at, the time of [the testator's] death of the person by
413	413	which the class is measured and survives that person by [for] at
414	414	least 120 hours.
415	415	(a-1) For purposes of this section, a [A] person is:
416	416	(1) considered to be in gestation [at the time of the
417	417	testator's death] if insemination or implantation occurs at or
418	418	before the time of [the testator's] death of the person by which the
419	419	class is measured; and
420	420	(2) presumed to be in gestation at the time of death of
421	421	the person by which the class is measured [the testator's death] if
422	422	the person was born before the 301st day after the date of the
423	423	person's [testator's] death.
424	424	SECTION 22. Section 255.451, Estates Code, is amended by
425	425	amending Subsection (a) and adding Subsection (a-1) to read as
426	426	follows:
427	427	(a) Subject to Subsection (a-1), on [On] the petition of a
428	428	personal representative, a court may order that the terms of the
429	429	will be modified or reformed, that the personal representative be
430	430	directed or permitted to perform acts that are not authorized or
431	431	that are prohibited by the terms of the will, or that the personal
432	432	representative be prohibited from performing acts that are required
433	433	by the terms of the will, if:
434	434	(1) modification of administrative, nondispositive
435	435	terms of the will is necessary or appropriate to prevent waste or
436	436	impairment of the estate's administration;
437	437	(2) the order is necessary or appropriate to achieve
438	438	the testator's tax objectives or to qualify a distributee for
439	439	government benefits and is not contrary to the testator's intent;
440	440	or
441	441	(3) the order is necessary to correct a scrivener's
442	442	error in the terms of the will, even if unambiguous, to conform with
443	443	the testator's intent.
444	444	(a-1) A personal representative seeking to modify or reform
445	445	a will under this section must file a petition on or before the
446	446	fourth anniversary of the date the will was admitted to probate.
447	447	SECTION 23. Section 256.003(b), Estates Code, is amended to
448	448	read as follows:
449	449	(b) Except as provided by Section 501.006 with respect to a
450	450	foreign will, letters testamentary may not be issued if a will is
451	451	admitted to probate after the fourth anniversary of the testator's
452	452	death unless it is shown that the application for probate was filed
453	453	on or before the fourth anniversary of the testator's death.
454	454	SECTION 24. Section 257.051(a), Estates Code, is amended to
455	455	read as follows:
456	456	(a) An application for the probate of a will as a muniment of
457	457	title must state and aver the following to the extent each is known
458	458	to the applicant or can, with reasonable diligence, be ascertained
459	459	by the applicant:
460	460	(1) each applicant's name and domicile;
461	461	(2) the testator's name, domicile, and, if known, age,
462	462	on the date of the testator's death;
463	463	(3) the fact, date, and place of the testator's death;
464	464	(4) facts showing that the court with which the
465	465	application is filed has venue;
466	466	(5) that the testator owned property, including a
467	467	statement generally describing the property and the property's
468	468	probable value;
469	469	(6) the date of the will;
470	470	(7) the name, state of residence, and physical address
471	471	where service can be had of the executor named in the will;
472	472	(8) the name of each subscribing witness to the will,
473	473	if any;
474	474	(9) whether one or more children born to or adopted by
475	475	the testator after the testator executed the will survived the
476	476	testator and, if so, the name of each of those children;
477	477	(10) that the testator's estate does not owe an unpaid
478	478	debt, other than any debt secured by a lien on real estate, or that
479	479	for another reason there is no necessity for administration of the
480	480	estate;
481	481	(11) whether a marriage of the testator was ever
482	482	dissolved after the will was made and, if so, when and from whom;
483	483	and
484	484	(12) whether the state, a governmental agency of the
485	485	state, or a charitable organization is named in the will as a
486	486	devisee.
487	487	SECTION 25. Section 257.054, Estates Code, is amended to
488	488	read as follows:
489	489	Sec. 257.054. PROOF REQUIRED. An applicant for the probate
490	490	of a will as a muniment of title must prove to the court's
491	491	satisfaction that:
492	492	(1) the testator is dead;
493	493	(2) four years have not elapsed since the date of the
494	494	testator's death and before the application;
495	495	(3) the court has jurisdiction and venue over the
496	496	estate;
497	497	(4) citation has been served and returned in the
498	498	manner and for the period required by this title;
499	499	(5) the testator's estate does not owe an unpaid debt,
500	500	other than any debt secured by a lien on real estate, or that for
501	501	another reason there is no necessity for administration of the
502	502	estate;
503	503	(6) the testator did not revoke the will; and
504	504	(7) if the will is not self-proved in the manner
505	505	provided by this title, the testator:
506	506	(A) executed the will with the formalities and
507	507	solemnities and under the circumstances required by law to make the
508	508	will valid; and
509	509	(B) at the time of executing the will was of sound
510	510	mind and:
511	511	(i) was 18 years of age or older;
512	512	(ii) was or had been married; or
513	513	(iii) was a member of the armed forces of
514	514	the United States, an auxiliary of the armed forces of the United
515	515	States, or the United States Maritime Service.
516	516	SECTION 26. Section 305.108, Estates Code, is amended to
517	517	read as follows:
518	518	Sec. 305.108. FORM OF BOND. The following form, or a form
519	519	with the same substance, may be used for the bond of a personal
520	520	representative:
521	521	The State of Texas
522	522	County of ________
523	523	Know all persons by these presents that we, _______ (insert
524	524	name of each principal), as principal, and _______ (insert name of
525	525	each surety), as sureties, are held and firmly bound unto the judge
526	526	of ____________ (insert reference to appropriate judge), and that
527	527	judge's successors in office, in the sum of _____ dollars,
528	528	conditioned that the above bound principal or principals, appointed
529	529	as _______ (insert "executor of the [last] will [and testament],"
530	530	"administrator with the will annexed of the estate," "administrator
531	531	of the estate," or "temporary administrator of the estate," as
532	532	applicable) of _______ (insert name of decedent), deceased, shall
533	533	well and truly perform all of the duties required of the principal
534	534	or principals by law under that appointment.
535	535	SECTION 27. Sections 308.051(a) and (c), Estates Code, are
536	536	amended to read as follows:
537	537	(a) Within one month after receiving letters testamentary
538	538	or of administration, a personal representative of an estate shall
539	539	provide notice requiring each person who has a claim against the
540	540	estate to present the claim within the period prescribed by law by:
541	541	(1) having the notice published in a newspaper of
542	542	general circulation [printed] in the county in which the letters
543	543	were issued; and
544	544	(2) if the decedent remitted or should have remitted
545	545	taxes administered by the comptroller, sending the notice to the
546	546	comptroller by certified or registered mail.
547	547	(c) If there is no [a] newspaper of general circulation [is
548	548	not printed] in the county in which the letters testamentary or of
549	549	administration were issued, the notice must be posted and the
550	550	return made and filed as otherwise required by this title.
551	551	SECTION 28. Section 310.006, Estates Code, is amended to
552	552	read as follows:
553	553	Sec. 310.006. FREQUENCY AND METHOD OF DETERMINING INTERESTS
554	554	IN CERTAIN ESTATE ASSETS. Except as required by Sections 2055 and
555	555	2056, Internal Revenue Code of 1986 (26 U.S.C. Sections 2055 and
556	556	2056), the frequency and method of determining the distributees'
557	557	[beneficiaries'] respective interests in the undistributed assets
558	558	of an estate are in the sole and absolute discretion of the executor
559	559	of the estate. The executor may consider all relevant factors,
560	560	including administrative convenience and expense and the interests
561	561	of the various distributees [beneficiaries] of the estate, to reach
562	562	a fair and equitable result among distributees [beneficiaries].
563	563	SECTION 29. Section 362.005(b), Estates Code, is amended to
564	564	read as follows:
565	565	(b) Citation issued under Subsection (a) must:
566	566	(1) contain:
567	567	(A) a statement that an account for final
568	568	settlement has been presented;
569	569	(B) the time and place the court will consider
570	570	the account; and
571	571	(C) a statement requiring the person cited to
572	572	appear and contest the account, if the person wishes to contest the
573	573	account; and
574	574	(2) be given to each heir or distributee [beneficiary]
575	575	of the decedent by certified mail, return receipt requested, unless
576	576	the court by written order directs another method of service to be
577	577	given.
578	578	SECTION 30. Section 359.001(a), Estates Code, is amended to
579	579	read as follows:
580	580	(a) Not later than the 60th day after [On] the first
581	581	anniversary of [expiration of 12 months from] the date a personal
582	582	representative qualifies and receives letters testamentary or of
583	583	administration to administer a decedent's estate under court order,
584	584	unless the court authorizes an extension, the representative shall
585	585	file with the court an account consisting of a written exhibit made
586	586	under oath that lists all claims against the estate presented to the
587	587	representative during the 12-month period following the
588	588	representative's qualification and receipt of letters [covered by
589	589	the account]. The exhibit must specify:
590	590	(1) the claims allowed by the representative;
591	591	(2) the claims paid by the representative;
592	592	(3) the claims rejected by the representative and the
593	593	date the claims were rejected; and
594	594	(4) the claims for which a lawsuit has been filed and
595	595	the status of that lawsuit.
596	596	SECTION 31. Section 359.002(a), Estates Code, is amended to
597	597	read as follows:
598	598	(a) Not later than the 60th day after each anniversary of
599	599	the date a personal representative of the estate of a decedent
600	600	qualifies and receives letters testamentary or of administration to
601	601	administer the decedent's estate under court order, unless the
602	602	court authorizes an extension, the [Each personal] representative
603	603	[of the estate of a decedent] shall [continue to] file an annual
604	604	account conforming to the essential requirements of Section 359.001
605	605	regarding changes in the estate assets occurring during the
606	606	12-month period after [since] the date the most recent previous
607	607	account was filed.
608	608	SECTION 32. Section 401.006, Estates Code, is amended to
609	609	read as follows:
610	610	Sec. 401.006. GRANTING POWER OF SALE BY AGREEMENT. In a
611	611	situation in which a decedent does not have a will, or a decedent's
612	612	will does not contain language authorizing the personal
613	613	representative to sell property or contains language that is not
614	614	sufficient to grant the representative that authority, the court
615	615	may include in an order appointing an independent executor any
616	616	general or specific authority regarding the power of the
617	617	independent executor to sell property that may be consented to by
618	618	the distributees [beneficiaries] who are to receive any interest in
619	619	the property in the application for independent administration or
620	620	for the appointment of an independent executor or in their consents
621	621	to the independent administration or to the appointment of an
622	622	independent executor. The independent executor, in such event, may
623	623	sell the property under the authority granted in the court order
624	624	without the further consent of those distributees [beneficiaries].
625	625	SECTION 33. Chapter 405, Estates Code, is amended by adding
626	626	Section 405.0015 to read as follows:
627	627	Sec. 405.0015. DISTRIBUTIONS GENERALLY. Unless the will,
628	628	if any, or a court order provides otherwise, an independent
629	629	executor may, in distributing property not specifically devised
630	630	that the independent executor is authorized to sell:
631	631	(1) make distributions in divided or undivided
632	632	interests;
633	633	(2) allocate particular assets in proportionate or
634	634	disproportionate shares;
635	635	(3) value the estate property for the purposes of
636	636	acting under Subdivision (1) or (2); and
637	637	(4) adjust the distribution, division, or termination
638	638	for resulting differences in valuation.
639	639	SECTION 34. Sections 405.003(b) and (d), Estates Code, are
640	640	amended to read as follows:
641	641	(b) On the filing of an action under this section, each
642	642	distributee [beneficiary] of the estate shall be personally served
643	643	with citation, except for a distributee [beneficiary] who has
644	644	waived the issuance and service of citation.
645	645	(d) On or before filing an action under this section, the
646	646	independent executor must distribute to the distributees
647	647	[beneficiaries] of the estate any of the remaining assets or
648	648	property of the estate that remains in the independent executor's
649	649	possession after all of the estate's debts have been paid, except
650	650	for a reasonable reserve of assets that the independent executor
651	651	may retain in a fiduciary capacity pending court approval of the
652	652	final account. The court may review the amount of assets on reserve
653	653	and may order the independent executor to make further
654	654	distributions under this section.
655	655	SECTION 35. Section 456.003, Estates Code, is amended to
656	656	read as follows:
657	657	Sec. 456.003. DUTY OF ELIGIBLE INSTITUTIONS. Not later
658	658	than the seventh business day [Within a reasonable time] after the
659	659	date an eligible institution receives [receiving] a copy of a
660	660	written agreement under Section 456.002(a) or a statement from a
661	661	personal representative under Section 456.002(b) and instructions
662	662	from the lawyer identified in the agreement or statement, as
663	663	applicable, regarding how to disburse the funds or close a trust or
664	664	escrow account, the [an] eligible institution shall disburse the
665	665	funds and close the account in compliance with the instructions.
666	666	SECTION 36. Chapter 456, Estates Code, is amended by adding
667	667	Section 456.0045 to read as follows:
668	668	Sec. 456.0045. PRIVATE CAUSE OF ACTION. (a) If an eligible
669	669	institution violates Section 456.003, a person aggrieved by the
670	670	violation may bring an action against the eligible institution to:
671	671	(1) obtain declaratory or injunctive relief to enforce
672	672	the section; and
673	673	(2) recover damages to the same extent the person
674	674	would be entitled to damages had the eligible institution acted in
675	675	the same manner with respect to the deceased lawyer before the
676	676	lawyer's death.
677	677	(b) A person who prevails in an action under this section
678	678	may recover court costs and reasonable attorney's fees.
679	679	SECTION 37. Subchapter A, Chapter 112, Property Code, is
680	680	amended by adding Section 112.011 to read as follows:
681	681	Sec. 112.011. POSTHUMOUS CLASS GIFTS MEMBERSHIP. (a) A
682	682	right to take as a member under a class gift does not accrue to any
683	683	person unless the person is born before, or is in gestation at, the
684	684	time of death of the person by which the class is measured and
685	685	survives that person by at least 120 hours.
686	686	(b) For purposes of Subsection (a), a person is:
687	687	(1) considered to be in gestation if insemination or
688	688	implantation occurs at or before the time of death of the person by
689	689	which the class is measured; and
690	690	(2) presumed to be in gestation at the time of death of
691	691	the person by which the class is measured if the person was born
692	692	before the 301st day after the date of the person's death.
693	693	(c) A provision in the trust instrument that is contrary to
694	694	this section prevails over this section.
695	695	SECTION 38. Sections 303.003 and 362.010, Estates Code, are
696	696	repealed.
697	697	SECTION 39. Section 33.001, Estates Code, as amended by
698	698	this Act, applies only to an application for the probate of a will
699	699	or for the granting of letters testamentary or of administration of
700	700	a decedent's estate that is filed on or after the effective date of
701	701	this Act. An application for the probate of a will or the granting
702	702	of letters filed before that date is governed by the law in effect
703	703	on the date the application was filed, and the former law is
704	704	continued in effect for that purpose.
705	705	SECTION 40. Section 112.103, Estates Code, as amended by
706	706	this Act, applies only to a proceeding under Subchapter C, Chapter
707	707	112, Estates Code, commenced on or after the effective date of this
708	708	Act. A proceeding under that subchapter commenced before that date
709	709	is governed by the law in effect on the date the proceeding was
710	710	commenced, and the former law is continued in effect for that
711	711	purpose.
712	712	SECTION 41. Section 113.252(c), Estates Code, as amended by
713	713	this Act, applies to a proceeding commenced before, on, or after the
714	714	effective date of this Act, regardless of the date of the decedent's
715	715	death.
716	716	SECTION 42. Section 123.056, Estates Code, as added by this
717	717	Act, applies to a trust created before, on, or after the effective
718	718	date of this Act with respect to which the marriage of the settlors
719	719	is dissolved on or after that date.
720	720	SECTION 43. Sections 123.151(a) and (b), Estates Code, as
721	721	amended by this Act, and Section 123.151(c-1), as added by this Act,
722	722	apply only to a multiple-party account for which the marriage of a
723	723	party to the account is dissolved on or after the effective date of
724	724	this Act.
725	725	SECTION 44. Section 123.151(d-1), Estates Code, as added by
726	726	this Act, and Section 456.0045, Estates Code, as added by this Act,
727	727	apply only to a cause of action that accrues on or after the
728	728	effective date of this Act. A cause of action that accrued before
729	729	the effective date of this Act is governed by the law applicable to
730	730	the cause of action immediately before the effective date of this
731	731	Act, and that law is continued in effect for that purpose.
732	732	SECTION 45. Section 202.057, Estates Code, as amended by
733	733	this Act, applies only to an application for a proceeding to declare
734	734	heirship that is filed on or after the effective date of this Act.
735	735	An application for a proceeding to declare heirship filed before
736	736	that date is governed by the law in effect on the date the
737	737	application was filed, and the former law is continued in effect for
738	738	that purpose.
739	739	SECTION 46. Section 205.001, Estates Code, as amended by
740	740	this Act, applies to a small estate administration commenced on or
741	741	after the effective date of this Act, regardless of the date of the
742	742	decedent's death.
743	743	SECTION 47. Section 255.401, Estates Code, as amended by
744	744	this Act, and Section 112.011, Property Code, as added by this Act,
745	745	apply to the estate of a decedent who dies before, on, or after the
746	746	effective date of this Act.
747	747	SECTION 48. Section 255.451, Estates Code, as amended by
748	748	this Act, applies only to a petition filed on or after the effective
749	749	date of this Act. A petition filed before that date is governed by
750	750	the law in effect on the date the petition was filed, and the former
751	751	law is continued in effect for that purpose.
752	752	SECTION 49. Sections 256.003(b), 257.051(a), and 257.054,
753	753	Estates Code, as amended by this Act, apply only to an application
754	754	for the probate of a will or administration of a decedent's estate
755	755	that is filed on or after the effective date of this Act. An
756	756	application for the probate of a will or administration of a
757	757	decedent's estate filed before that date is governed by the law in
758	758	effect on the date the application was filed, and the former law is
759	759	continued in effect for that purpose.
760	760	SECTION 50. Sections 359.001(a) and 359.002(a), Estates
761	761	Code, as amended by this Act, apply to an account filed on or after
762	762	the effective date of this Act, regardless of whether the personal
763	763	representative was appointed before, on, or after that date.
764	764	SECTION 51. Section 405.0015, Estates Code, as added by
765	765	this Act, applies to the administration of the estate of a decedent
766	766	that is pending or commenced on or after the effective date of this
767	767	Act.
768	768	SECTION 52. This Act takes effect September 1, 2017.