85R5081 CLG-F
By: Perry S.B. No. 1056
A BILL TO BE ENTITLED
AN ACT
relating to venue for a proceeding to admit a will to probate or for
the granting of letters testamentary or of administration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.001, Estates Code, is amended to read
as follows:
Sec. 33.001. PROBATE OF WILLS AND GRANTING OF LETTERS
TESTAMENTARY AND OF ADMINISTRATION. (a) In this section,
"immediate family member" means the parent, spouse, child, or
sibling of a person.
(b) Venue for a probate proceeding to admit a will to
probate or for the granting of letters testamentary or of
administration is:
(1) with respect to a [in the county in which the
decedent resided, if the] decedent who had a domicile or fixed place
of residence in this state:
(A) in the county in which the decedent resided;
or
(B) in the county in which the applicant for
letters testamentary or of administration resides, if no immediate
family member of the decedent resides in the same county in which
the decedent resided; or
(2) with respect to a decedent who did not have a
domicile or fixed place of residence in this state:
(A) if the decedent died in this state, in the
county in which:
(i) the decedent's principal estate was
located at the time of the decedent's death; or
(ii) the decedent died; or
(B) if the decedent died outside of this state:
(i) in any county in this state in which the
decedent's nearest of kin reside; or
(ii) if there is no next of kin of the
decedent in this state, in the county in which the decedent's
principal estate was located at the time of the decedent's death.
SECTION 2. The changes in law made by this Act to Section
33.001, Estates Code, apply only to the estate of a decedent who
dies on or after the effective date of this Act. The estate of a
decedent who dies before the effective date of this Act is governed
by the law in effect on the date of the decedent's death, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.