By: Perry S.B. No. 1056
(In the Senate - Filed February 23, 2017; March 6, 2017,
read first time and referred to Committee on State Affairs;
April 3, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 3, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1056 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain probate proceedings to the
county in which the executor or administrator of a decedent's
estate resides.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 33, Estates Code, is
amended by adding Section 33.1011 to read as follows:
Sec. 33.1011. TRANSFER TO COUNTY IN WHICH EXECUTOR OR
ADMINISTRATOR RESIDES. (a) In this section, "immediate family
member" means the parent, spouse, child, or sibling of a person.
(b) After the issuance in a probate proceeding of letters
testamentary or of administration to the executor or administrator
of an estate, the court, on motion of the executor or administrator,
may order that the proceeding be transferred to another county in
this state in which the executor or administrator resides if no
immediate family member of the decedent resides in the same county
in which the decedent resided.
(c) The clerk of the court from which the probate proceeding
described by Subsection (b) is transferred shall transmit to the
court to which the proceeding is transferred:
(1) the original file in the proceeding; and
(2) a certified copy of the index.
SECTION 2. Section 33.1011, Estates Code, as added by this
Act, applies 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.
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