| 1 | 1 | | 86R39 CLG-F |
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| 2 | 2 | | By: Murr H.B. No. 2857 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the transfer of certain probate proceedings to the |
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| 8 | 8 | | county in which the executor or administrator of a decedent's |
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| 9 | 9 | | estate resides. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 33, Estates Code, is |
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| 12 | 12 | | amended by adding Section 33.1011 to read as follows: |
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| 13 | 13 | | Sec. 33.1011. TRANSFER TO COUNTY IN WHICH EXECUTOR OR |
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| 14 | 14 | | ADMINISTRATOR RESIDES. (a) In this section, "immediate family |
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| 15 | 15 | | member" means the parent, spouse, child, or sibling of a person. |
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| 16 | 16 | | (b) After the issuance in a probate proceeding of letters |
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| 17 | 17 | | testamentary or of administration to the executor or administrator |
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| 18 | 18 | | of an estate, the court, on motion of the executor or administrator, |
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| 19 | 19 | | may order that the proceeding be transferred to another county in |
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| 20 | 20 | | this state in which the executor or administrator resides if no |
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| 21 | 21 | | immediate family member of the decedent resides in the same county |
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| 22 | 22 | | in which the decedent resided. |
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| 23 | 23 | | (c) The clerk of the court from which the probate proceeding |
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| 24 | 24 | | described by Subsection (b) is transferred shall transmit to the |
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| 25 | 25 | | court to which the proceeding is transferred: |
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| 26 | 26 | | (1) the original file in the proceeding; and |
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| 27 | 27 | | (2) a certified copy of the index. |
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| 28 | 28 | | (d) Notwithstanding the date of any transfer under this |
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| 29 | 29 | | section, the executor or administrator shall provide the notice |
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| 30 | 30 | | required by Section 308.051 in the county of the court that |
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| 31 | 31 | | originally issued the letters testamentary or of administration. |
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| 32 | 32 | | SECTION 2. Section 33.1011, Estates Code, as added by this |
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| 33 | 33 | | Act, applies only to the estate of a decedent who dies on or after |
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| 34 | 34 | | the effective date of this Act. The estate of a decedent who dies |
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| 35 | 35 | | before the effective date of this Act is governed by the law in |
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| 36 | 36 | | effect on the date of the decedent's death, and the former law is |
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| 37 | 37 | | continued in effect for that purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2019. |
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