Texas 2019 - 86th Regular

Texas Senate Bill SB1208 Compare Versions

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

Old	New	Differences
1	1	86R2875 MTB-F
2	2	By: Rodríguez S.B. No. 1208
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to decedents' estates, transfer on death deeds, and
8	8	matters involving probate courts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 111, Estates Code, is amended by adding
11	11	Subchapter C to read as follows:
12	12	SUBCHAPTER C. PROVISION OF CERTAIN INFORMATION ON DEATH
13	13	Sec. 111.101. DEFINITIONS. In this subchapter:
14	14	(1) "Contracting third party" has the meaning assigned
15	15	by Section 111.051.
16	16	(2) "Deceased party" means a deceased:
17	17	(A) party to a multiple-party account governed by
18	18	Chapter 113;
19	19	(B) owner of property subject to a possible
20	20	nontestamentary transfer as described by Section 111.051(1); or
21	21	(C) insured under an insurance contract.
22	22	Sec. 111.102. PROVISION OF INFORMATION TO PERSONAL
23	23	REPRESENTATIVE OF DECEASED PARTY. To the extent not prohibited by
24	24	federal or other state law, a contracting third party shall, on
25	25	request, provide to the personal representative of a deceased
26	26	party's estate all information the contracting third party would
27	27	have provided to the deceased party as of the date of the deceased
28	28	party's death, if the deceased party had requested the information,
29	29	without regard to whether the deceased party's estate has an
30	30	interest in the multiple-party account, the property subject to a
31	31	possible nontestamentary transfer, or the insurance contract.
32	32	SECTION 2. Section 113.252(c), Estates Code, is amended to
33	33	read as follows:
34	34	(c) Any proceeding by the personal representative of a
35	35	deceased party to assert liability under Subsection (b):
36	36	(1) may be commenced only if the personal
37	37	representative receives a written demand by a surviving spouse, a
38	38	creditor, or a person acting on behalf of a minor child of the
39	39	deceased party; and
40	40	(2) must be commenced on or before the second
41	41	anniversary of the death of the deceased party.
42	42	SECTION 3. Section 114.102, Estates Code, is amended to
43	43	read as follows:
44	44	Sec. 114.102. EFFECT OF SUBSEQUENT CONVEYANCE ON TRANSFER
45	45	ON DEATH DEED. An otherwise valid transfer on death deed is void as
46	46	to any interest in real property that is conveyed by the transferor
47	47	during the transferor's lifetime after the transfer on death deed
48	48	is executed and recorded if:
49	49	(1) a valid instrument conveying the interest or a
50	50	memorandum sufficient to give notice of the conveyance of the
51	51	interest is recorded in the deed records in the county clerk's
52	52	office of the same county in which the transfer on death deed is
53	53	recorded; and
54	54	(2) the recording of the instrument or memorandum
55	55	occurs before the transferor's death.
56	56	SECTION 4. Section 201.003(c), Estates Code, is amended to
57	57	read as follows:
58	58	(c) If the deceased spouse is survived by a child or other
59	59	descendant who is not also a child or other descendant of the
60	60	surviving spouse, the deceased spouse's undivided one-half
61	61	interest in the community estate [one-half of the community estate
62	62	is retained by the surviving spouse and the other one-half] passes
63	63	to the deceased spouse's children or other descendants. The
64	64	descendants inherit only the portion of that estate to which they
65	65	would be entitled under Section 201.101. In every case, the
66	66	community estate passes charged with the debts against the
67	67	community estate.
68	68	SECTION 5. Section 202.151, Estates Code, is amended by
69	69	amending Subsection (b) and adding Subsection (c) to read as
70	70	follows:
71	71	(b) Except as provided by Subsection (c), [Testimony] in a
72	72	proceeding to declare heirship, testimony regarding a decedent's
73	73	heirs and family history must be taken from two disinterested and
74	74	credible witnesses in open court, by deposition in accordance with
75	75	Section 51.203, or in accordance with the Texas Rules of Civil
76	76	Procedure.
77	77	(c) If it is shown to the court's satisfaction in a
78	78	proceeding to declare heirship that, after a diligent search was
79	79	made, only one disinterested and credible witness can be found who
80	80	can make the required proof in the proceeding, the testimony of that
81	81	witness must be taken in open court, by deposition in accordance
82	82	with Section 51.203, or in accordance with the Texas Rules of Civil
83	83	Procedure.
84	84	SECTION 6. The heading to Chapter 254, Estates Code, is
85	85	amended to read as follows:
86	86	CHAPTER 254. [VALIDITY OF] CERTAIN PROVISIONS IN, AND CONTRACTS
87	87	RELATING TO, WILLS
88	88	SECTION 7. Chapter 254, Estates Code, is amended by adding
89	89	Section 254.006 to read as follows:
90	90	Sec. 254.006. DESIGNATION OF ADMINISTRATOR. (a) A
91	91	testator in a will may grant to an executor named in the will or to
92	92	another person identified by name, office, or function the
93	93	authority to designate one or more persons to serve as
94	94	administrator of the testator's estate.
95	95	(b) To be effective, a designation of an administrator of a
96	96	testator's estate as authorized by a will under Subsection (a) must
97	97	be in writing and acknowledged before an officer authorized to take
98	98	acknowledgments and administer oaths.
99	99	(c) Unless the will provides otherwise, a person designated
100	100	to serve as administrator of a testator's estate as provided by
101	101	Subsection (a) is qualified to serve only if:
102	102	(1) each executor named in the testator's will:
103	103	(A) is deceased;
104	104	(B) is disqualified to serve as executor; or
105	105	(C) indicates by affidavit filed with the county
106	106	clerk of the county in which the application for letters
107	107	testamentary is filed or, if an application has not been filed, a
108	108	county described by Section 33.001(a)(1) or (2) the executor's
109	109	inability or unwillingness to serve as executor;
110	110	(2) the designation is effective as provided by
111	111	Subsection (b); and
112	112	(3) the person is not disqualified from serving under
113	113	Section 304.003.
114	114	(d) Unless the will or designation provides otherwise, a
115	115	person designated as administrator of a testator's estate as
116	116	provided by this section has the same rights, powers, and duties as
117	117	an executor named in the will, including the right to serve as an
118	118	independent administrator with the power to sell property without
119	119	the need for consent of the distributees under Section 401.002 or
120	120	401.006.
121	121	SECTION 8. Subchapter J, Chapter 255, Estates Code, is
122	122	amended by adding Section 255.456 to read as follows:
123	123	Sec. 255.456. TRANSFER OF PROCEEDING. (a) To the extent
124	124	that this section conflicts with other provisions of this title,
125	125	this section prevails.
126	126	(b) In a county in which there is no statutory probate court
127	127	or county court at law exercising original probate jurisdiction, if
128	128	a personal representative petitions the county court to modify or
129	129	reform the terms of a will, the judge of the county court may, on the
130	130	judge's own motion, or shall, on the motion of any party to the
131	131	proceeding, transfer the proceeding to the district court, which
132	132	may then hear the proceeding as if originally filed in the district
133	133	court. A district court to which a proceeding is transferred under
134	134	this subsection has the jurisdiction and authority granted to a
135	135	statutory probate court by Subtitle A.
136	136	(c) In a county in which there is no statutory probate
137	137	court, but in which there is a county court at law exercising
138	138	original probate jurisdiction, if a personal representative
139	139	petitions the county court to modify or reform the terms of a will,
140	140	the judge of the county court may, on the judge's own motion, or
141	141	shall, on the motion of any party to the proceeding, transfer the
142	142	proceeding to the county court at law, which may then hear the
143	143	proceeding as if originally filed in the county court at law.
144	144	(d) The county court shall continue to exercise
145	145	jurisdiction over the management of the estate, other than the
146	146	modification or reformation proceeding, until final disposition of
147	147	the modification or reformation proceeding is made in accordance
148	148	with this subchapter.
149	149	(e) On resolution of the modification or reformation
150	150	proceeding, the district court or county court at law to which the
151	151	proceeding is transferred under this section shall return the
152	152	matter to the county court for further proceedings not inconsistent
153	153	with the orders of the district court or county court at law.
154	154	(f) The clerk of a district court to which a modification or
155	155	reformation proceeding is transferred under this section may
156	156	perform in relation to the proceeding any function a county clerk
157	157	may perform with respect to that type of matter.
158	158	SECTION 9. Section 256.051(a), Estates Code, is amended to
159	159	read as follows:
160	160	(a) An executor named in a will, an administrator designated
161	161	as authorized under Section 254.006, an independent administrator
162	162	designated by all of the distributees of the decedent under Section
163	163	401.002(b), or an interested person may file an application with
164	164	the court for an order admitting a will to probate, whether the will
165	165	is:
166	166	(1) [written or unwritten;
167	167	[(2)] in the applicant's possession or not;
168	168	(2) [(3)] lost;
169	169	(3) [(4)] destroyed; or
170	170	(4) [(5)] outside of this state.
171	171	SECTION 10. Section 256.052(a), Estates Code, is amended to
172	172	read as follows:
173	173	(a) An application for the probate of a will must state and
174	174	aver the following to the extent each is known to the applicant or
175	175	can, with reasonable diligence, be ascertained by the applicant:
176	176	(1) each applicant's name and domicile;
177	177	(1-a) the last three numbers of each applicant's
178	178	driver's license number and social security number, if the
179	179	applicant has been issued one [applicable];
180	180	(2) the testator's name, domicile, and, if known, age,
181	181	on the date of the testator's death;
182	182	(2-a) the last three numbers of the testator's
183	183	driver's license number and social security number;
184	184	(3) the fact, date, and place of the testator's death;
185	185	(4) facts showing that the court with which the
186	186	application is filed has venue;
187	187	(5) that the testator owned property, including a
188	188	statement generally describing the property and the property's
189	189	probable value;
190	190	(6) the date of the will;
191	191	(7) the name, state of residence, and physical address
192	192	where service can be had of the executor named in the will or other
193	193	person to whom the applicant desires that letters be issued;
194	194	(8) the name of each subscribing witness to the will,
195	195	if any;
196	196	(9) whether one or more children born to or adopted by
197	197	the testator after the testator executed the will survived the
198	198	testator and, if so, the name of each of those children;
199	199	(10) whether a marriage of the testator was ever
200	200	dissolved after the will was made and, if so, when and from whom;
201	201	(11) whether the state, a governmental agency of the
202	202	state, or a charitable organization is named in the will as a
203	203	devisee; and
204	204	(12) that the executor named in the will, the
205	205	applicant, or another person to whom the applicant desires that
206	206	letters be issued is not disqualified by law from accepting the
207	207	letters.
208	208	SECTION 11. Section 256.053(b), Estates Code, is amended to
209	209	read as follows:
210	210	(b) A will filed under Subsection (a) must remain in the
211	211	custody of the county clerk unless removed from the clerk's
212	212	custody:
213	213	(1) by a court order under Section 256.202; or
214	214	(2) by a court order issued under Subchapter C,
215	215	Chapter 33, in which case the clerk shall deliver the will directly
216	216	to the clerk of the court to which the probate proceeding is
217	217	transferred.
218	218	SECTION 12. Section 256.202, Estates Code, is amended to
219	219	read as follows:
220	220	Sec. 256.202. CUSTODY OF PROBATED WILL. An original will
221	221	and the probate of the will shall be deposited in the office of the
222	222	county clerk of the county in which the will was probated. The will
223	223	and probate of the will shall remain in that office except during a
224	224	time the will and the probate of the will are removed for inspection
225	225	to another place on an order of the court where the will was
226	226	probated. If that court orders the original will to be removed to
227	227	another place for inspection:
228	228	(1) the person removing the will shall give a receipt
229	229	for the will; [and]
230	230	(2) the court clerk shall make and retain a copy of the
231	231	will; and
232	232	(3) the person removing the will shall deliver the
233	233	will back to the office of the county clerk after the inspection is
234	234	completed.
235	235	SECTION 13. Section 257.051(a), Estates Code, is amended to
236	236	read as follows:
237	237	(a) An application for the probate of a will as a muniment of
238	238	title must state and aver the following to the extent each is known
239	239	to the applicant or can, with reasonable diligence, be ascertained
240	240	by the applicant:
241	241	(1) each applicant's name and domicile;
242	242	(1-a) the last three numbers of each applicant's
243	243	driver's license number and social security number, if the
244	244	applicant has been issued one [applicable];
245	245	(2) the testator's name, domicile, and, if known, age,
246	246	on the date of the testator's death;
247	247	(2-a) the last three numbers of the testator's
248	248	driver's license number and social security number;
249	249	(3) the fact, date, and place of the testator's death;
250	250	(4) facts showing that the court with which the
251	251	application is filed has venue;
252	252	(5) that the testator owned property, including a
253	253	statement generally describing the property and the property's
254	254	probable value;
255	255	(6) the date of the will;
256	256	(7) the name, state of residence, and physical address
257	257	where service can be had of the executor named in the will;
258	258	(8) the name of each subscribing witness to the will,
259	259	if any;
260	260	(9) whether one or more children born to or adopted by
261	261	the testator after the testator executed the will survived the
262	262	testator and, if so, the name of each of those children;
263	263	(10) that the testator's estate does not owe an unpaid
264	264	debt, other than any debt secured by a lien on real estate, or that
265	265	for another reason there is no necessity for administration of the
266	266	estate;
267	267	(11) whether a marriage of the testator was ever
268	268	dissolved after the will was made and, if so, when and from whom;
269	269	and
270	270	(12) whether the state, a governmental agency of the
271	271	state, or a charitable organization is named in the will as a
272	272	devisee.
273	273	SECTION 14. Chapter 257, Estates Code, is amended by adding
274	274	Subchapter D to read as follows:
275	275	SUBCHAPTER D. SUBSEQUENT ESTATE ADMINISTRATION
276	276	Sec. 257.151. APPOINTMENT OF PERSONAL REPRESENTATIVE AND
277	277	OPENING OF ADMINISTRATION AFTER WILL ADMITTED TO PROBATE AS
278	278	MUNIMENT OF TITLE. The issuance of a court order admitting a will
279	279	to probate as a muniment of title under this chapter does not
280	280	preclude the subsequent appointment of a personal representative
281	281	and opening of an administration for the testator's estate if:
282	282	(1) an application under Chapter 301 is filed not
283	283	later than the fourth anniversary of the testator's death; or
284	284	(2) the administration of the testator's estate is
285	285	necessary for a reason provided by Section 301.002(b).
286	286	Sec. 257.152. COMPUTATION OF CERTAIN PERIODS. If a
287	287	personal representative is appointed for a testator's estate after
288	288	the testator's will has been admitted to probate as a muniment of
289	289	title, the periods prescribed by the following sections begin to
290	290	run from the date of qualification of the personal representative
291	291	rather than from the date the will is admitted to probate as a
292	292	muniment of title:
293	293	(1) Section 306.001;
294	294	(2) Section 306.002(a)(2)(B)(ii);
295	295	(3) Section 308.002; and
296	296	(4) Section 308.004.
297	297	SECTION 15. Section 301.051, Estates Code, is amended to
298	298	read as follows:
299	299	Sec. 301.051. ELIGIBLE APPLICANTS FOR LETTERS. An
300	300	executor named in a will, an administrator designated as authorized
301	301	under Section 254.006, an independent administrator designated by
302	302	all of the distributees of the decedent under Section 401.002(b) or
303	303	401.003, or an interested person may file an application with the
304	304	court for:
305	305	(1) the appointment of the executor named in the will;
306	306	(1-a) the appointment of the designated
307	307	administrator; or
308	308	(2) the appointment of an administrator, if:
309	309	(A) there is a will, but:
310	310	(i) no executor is named in the will; [or]
311	311	(ii) the executor named in the will is
312	312	disqualified, refuses to serve, is dead, or resigns;
313	313	(iii) a person designated to serve as
314	314	administrator under Section 254.006 is disqualified, refuses to
315	315	serve, or is dead; or
316	316	(iv) an authorized person other than the
317	317	executor has not designated any person to serve as administrator
318	318	under Section 254.006 as of the date of the filing of the
319	319	application and notifies the court that the person has no intention
320	320	of doing so; or
321	321	(B) there is no will.
322	322	SECTION 16. Section 301.052(a), Estates Code, is amended to
323	323	read as follows:
324	324	(a) An application for letters of administration when no
325	325	will is alleged to exist must state:
326	326	(1) the applicant's name, domicile, and, if any,
327	327	relationship to the decedent;
328	328	(1-a) the last three numbers of:
329	329	(A) the applicant's driver's license number, if
330	330	the applicant has been issued one [applicable]; and
331	331	(B) the applicant's social security number, if
332	332	the applicant has been issued one [applicable];
333	333	(2) the decedent's name and that the decedent died
334	334	intestate;
335	335	(2-a) if known by the applicant at the time the
336	336	applicant files the application, the last three numbers of the
337	337	decedent's driver's license number and social security number;
338	338	(3) the fact, date, and place of the decedent's death;
339	339	(4) facts necessary to show that the court with which
340	340	the application is filed has venue;
341	341	(5) whether the decedent owned property and, if so,
342	342	include a statement of the property's probable value;
343	343	(6) the name and address, if known, whether the heir is
344	344	an adult or minor, and the relationship to the decedent of each of
345	345	the decedent's heirs;
346	346	(7) if known by the applicant at the time the applicant
347	347	files the application, whether one or more children were born to or
348	348	adopted by the decedent and, if so, the name, birth date, and place
349	349	of birth of each child;
350	350	(8) if known by the applicant at the time the applicant
351	351	files the application, whether the decedent was ever divorced and,
352	352	if so, when and from whom;
353	353	(9) that a necessity exists for administration of the
354	354	decedent's estate and an allegation of the facts that show that
355	355	necessity; and
356	356	(10) that the applicant is not disqualified by law
357	357	from acting as administrator.
358	358	SECTION 17. Section 301.151, Estates Code, as amended by
359	359	Chapters 576 (H.B. 3160) and 949 (S.B. 995), Acts of the 84th
360	360	Legislature, Regular Session, 2015, is reenacted and amended to
361	361	read as follows:
362	362	Sec. 301.151. GENERAL PROOF REQUIREMENTS. An applicant
363	363	for the issuance of letters testamentary or of administration of an
364	364	estate must prove to the court's satisfaction that:
365	365	(1) the person whose estate is the subject of the
366	366	application is dead;
367	367	(2) except as provided by Sections 301.002(b)(1) and
368	368	(2) [Section 301.002(b)] with respect to administration necessary
369	369	to receive or recover property or to prevent real property of the
370	370	estate from becoming a danger [due a decedent's estate], and
371	371	Section 501.006 with respect to a foreign will, [except as provided
372	372	by Section 301.002(b)(2),] four years have not elapsed since the
373	373	date of the decedent's death and before the application;
374	374	(3) the court has jurisdiction and venue over the
375	375	estate;
376	376	(4) citation has been served and returned in the
377	377	manner and for the period required by this title; and
378	378	(5) the person for whom letters testamentary or of
379	379	administration are sought is entitled by law to the letters and is
380	380	not disqualified.
381	381	SECTION 18. Section 304.001(a), Estates Code, is amended to
382	382	read as follows:
383	383	(a) The court shall grant letters testamentary or of
384	384	administration to persons qualified to act, in the following order:
385	385	(1) the person named as executor in the decedent's
386	386	will;
387	387	(1-a) the person designated as administrator as
388	388	authorized under Section 254.006;
389	389	(2) the decedent's surviving spouse;
390	390	(3) the principal devisee of the decedent;
391	391	(4) any devisee of the decedent;
392	392	(5) the next of kin of the decedent;
393	393	(6) a creditor of the decedent;
394	394	(7) any person of good character residing in the
395	395	county who applies for the letters;
396	396	(8) any other person who is not disqualified under
397	397	Section 304.003; and
398	398	(9) any appointed public probate administrator.
399	399	SECTION 19. Subchapter C, Chapter 351, Estates Code, is
400	400	amended by adding Section 351.106 to read as follows:
401	401	Sec. 351.106. DIGITAL ASSETS. A personal representative
402	402	of a decedent's estate may apply for and obtain a court order,
403	403	either at the time the personal representative is appointed or at
404	404	any time before the administration of the estate is closed, that:
405	405	(1) directs disclosure of the content of electronic
406	406	communications of the decedent to the personal representative as
407	407	provided by Section 2001.101 and that contains any court finding
408	408	described by Section 2001.101(b)(3);
409	409	(2) with respect to a catalog of electronic
410	410	communications sent or received by the decedent and other digital
411	411	assets of the decedent, other than the content of an electronic
412	412	communication, contains any court finding described by Section
413	413	2001.102(b)(4); or
414	414	(3) directs under Section 2001.231 a custodian to
415	415	comply with a request to disclose digital assets under Chapter
416	416	2001.
417	417	SECTION 20. Sections 351.152(a) and (b), Estates Code, are
418	418	amended to read as follows:
419	419	(a) A [Except as provided by Subsection (b) and subject only
420	420	to the approval of the court in which the estate is being
421	421	administered, a] personal representative may, without court
422	422	approval, convey or enter into a contract to convey for attorney
423	423	services a contingent interest in any property sought to be
424	424	recovered, not to exceed a one-third interest in the property.
425	425	(b) A personal representative, including an independent
426	426	executor or independent administrator, may convey or enter into a
427	427	contract to convey for attorney services a contingent interest in
428	428	any property sought to be recovered under this subchapter in an
429	429	amount that exceeds a one-third interest in the property only on the
430	430	approval of the court in which the estate is being administered.
431	431	The court must approve a contract [entered into] or conveyance
432	432	described by [made under] this subsection [section] before an
433	433	attorney performs any legal services. A contract entered into or a
434	434	conveyance made in violation of this subsection [section] is void
435	435	unless the court ratifies or reforms the contract or documents
436	436	relating to the conveyance to the extent necessary to make the
437	437	contract or conveyance meet the requirements of this subsection
438	438	[section].
439	439	SECTION 21. The heading to Section 352.052, Estates Code,
440	440	is amended to read as follows:
441	441	Sec. 352.052. ALLOWANCE FOR DEFENSE OR SUCCESSFUL CONTEST
442	442	OF WILL.
443	443	SECTION 22. Section 352.052, Estates Code, is amended by
444	444	adding Subsection (c) to read as follows:
445	445	(c) In this subsection, "interested person" does not
446	446	include a creditor or any other having a claim against the estate.
447	447	An interested person who, in good faith and with just cause,
448	448	successfully prosecutes a proceeding to contest the validity of a
449	449	will or alleged will offered for or admitted to probate may be
450	450	allowed out of the estate the person's necessary expenses and
451	451	disbursements in that proceeding, including reasonable attorney's
452	452	fees.
453	453	SECTION 23. Sections 355.102(b) and (c), Estates Code, are
454	454	amended to read as follows:
455	455	(b) Class 1 claims are composed of funeral expenses and
456	456	expenses of the decedent's last illness, including claims for
457	457	reimbursement of those expenses, for a reasonable amount approved
458	458	by the court, not to exceed [a total of] $15,000 for funeral
459	459	expenses and $15,000 for expenses of the decedent's last
460	460	illness. Any excess shall be classified and paid as other
461	461	unsecured claims.
462	462	(c) Class 2 claims are composed of:
463	463	(1) expenses of administration;
464	464	(2) [,] expenses incurred in preserving, safekeeping,
465	465	and managing the estate, including fees and expenses awarded under
466	466	Section 352.052;
467	467	(3) [, and] unpaid expenses of administration awarded
468	468	in a guardianship of the decedent; and
469	469	(4) for an estate with respect to which a public
470	470	probate administrator has taken any action under Chapter 455, court
471	471	costs and commissions to which the administrator is entitled under
472	472	Subchapter A, Chapter 352.
473	473	SECTION 24. Section 355.103, Estates Code, is amended to
474	474	read as follows:
475	475	Sec. 355.103. PRIORITY OF CERTAIN PAYMENTS. When a
476	476	personal representative has estate funds in the representative's
477	477	possession, the representative shall pay in the following order:
478	478	(1) funeral expenses in an amount not to exceed
479	479	$15,000 and expenses of the decedent's last illness[,] in an amount
480	480	not to exceed $15,000;
481	481	(2) allowances made to the decedent's surviving spouse
482	482	and children, or to either the surviving spouse or children;
483	483	(3) expenses of administration and expenses incurred
484	484	in preserving, safekeeping, and managing the estate; and
485	485	(4) other claims against the estate in the order of the
486	486	claims' classifications.
487	487	SECTION 25. Sections 355.1551(a) and (b), Estates Code, are
488	488	amended to read as follows:
489	489	(a) A [claim] holder of a claim allowed and approved under
490	490	Section 355.151(a)(2) who elects to take possession or sell the
491	491	property securing the debt before final maturity in satisfaction of
492	492	the [claim] holder's claim must do so within a reasonable time, as
493	493	determined by the court.
494	494	(b) If the claim holder fails to take possession or sell
495	495	secured property within the [a reasonable] time determined by the
496	496	court under Subsection (a), on application by the personal
497	497	representative, the court may require the sale of the property free
498	498	of the lien and apply the proceeds to the payment of the whole debt
499	499	in full satisfaction of the claim.
500	500	SECTION 26. Sections 356.105(a) and (b), Estates Code, are
501	501	amended to read as follows:
502	502	(a) A sale of estate personal property shall be reported to
503	503	the court. The laws regulating the approval [confirmation] or
504	504	disapproval of a sale of real estate apply to the sale, except that
505	505	a conveyance is not required.
506	506	(b) The court's order approving [confirming] the sale of
507	507	estate personal property:
508	508	(1) vests the right and title of the intestate's estate
509	509	in the purchaser who has complied with the terms of the sale; and
510	510	(2) is prima facie evidence that all requirements of
511	511	the law in making the sale have been met.
512	512	SECTION 27. Subchapters I and J, Chapter 356, Estates Code,
513	513	are amended to read as follows:
514	514	SUBCHAPTER I. SALE OF REAL ESTATE: PUBLIC AUCTION [SALE]
515	515	Sec. 356.401. METHOD OF SALE; REQUIRED NOTICE. (a) A
516	516	public sale of real estate of an estate shall be made at public
517	517	auction. Except as otherwise provided by Section 356.403(c), the
518	518	personal representative of an estate shall advertise a public
519	519	auction [sale] of real estate of the estate by a notice published in
520	520	the county in which the real estate is located and in which the
521	521	auction is to be held [estate is pending], as provided by this title
522	522	for publication of notices or citations. The notice must:
523	523	(1) include a reference to the order of sale;
524	524	(2) include the time, place, and required terms of
525	525	sale; and
526	526	(3) briefly describe the real estate to be sold.
527	527	(b) The notice required by Subsection (a) is not required to
528	528	contain field notes, but if the real estate to be sold is rural
529	529	property, the notice must include:
530	530	(1) the name of the original survey of the real estate;
531	531	(2) the number of acres comprising the real estate;
532	532	(3) the location of the real estate in the county; and
533	533	(4) any name by which the real estate is generally
534	534	known.
535	535	Sec. 356.402. COMPLETION [METHOD] OF AUCTION [SALE]. A
536	536	public auction [sale] of real estate of an estate shall be completed
537	537	on the bid of [made at public auction to] the highest bidder.
538	538	Sec. 356.403. TIME AND PLACE OF AUCTION [SALE]. (a) Except
539	539	as provided by Subsection (c), a public auction [sale] of real
540	540	estate of an estate shall be held [made] at:
541	541	(1) the courthouse door in the county in which the real
542	542	estate is located, or if the real estate is located in more than one
543	543	county, the courthouse door in any county in which the real estate
544	544	is located [proceedings are pending]; or
545	545	(2) another place in a [that] county described by
546	546	Subdivision (1) at which auctions [sales] of real estate are
547	547	specifically authorized to be held as designated by the
548	548	commissioners court of the county under Section 51.002(a), Property
549	549	Code [made].
550	550	(b) Except as otherwise provided by this subsection, the
551	551	auction [The sale] must occur between 10 a.m. and 4 p.m. on the
552	552	first Tuesday of the month after publication of notice has been
553	553	completed. If the first Tuesday of the month occurs on January 1 or
554	554	July 4, the auction must occur between 10 a.m. and 4 p.m. on the
555	555	first Wednesday of the month.
556	556	(c) If the court considers it advisable, the court may order
557	557	the auction [sale] to be held [made] in the county in which the
558	558	proceedings are pending [real estate is located], in which event
559	559	notice shall be published both in that county and in the county in
560	560	which the real estate is located [proceedings are pending].
561	561	Sec. 356.404. CONTINUANCE OF AUCTION [SALE]. (a) A public
562	562	auction [sale] of real estate of an estate that is not completed on
563	563	the day advertised may be continued from day to day by an oral
564	564	public announcement of the continuance made at the conclusion of
565	565	the auction [sale] each day.
566	566	(b) A continued auction [sale] must occur within the hours
567	567	prescribed by Section 356.403(b).
568	568	(c) The continuance of an auction [a sale] under this
569	569	section shall be shown in the report [of the sale] made to the court
570	570	under Section 356.551.
571	571	Sec. 356.405. FAILURE OF BIDDER TO COMPLY. (a) If a person
572	572	bids off real estate of the estate offered [for sale] at public
573	573	auction and fails to comply with the terms of the bid [sale], the
574	574	property shall be readvertised and auctioned [sold] without any
575	575	further order.
576	576	(b) The person defaulting on a bid as described by
577	577	Subsection (a) is liable for payment to the personal representative
578	578	of the estate, for the estate's benefit, of:
579	579	(1) 10 percent of the amount of the bid; and
580	580	(2) the amount of any deficiency in price on the second
581	581	auction [sale].
582	582	(c) The personal representative may recover the amounts
583	583	under Subsection (b) by suit in any court in the county in which the
584	584	auction [sale] was made that has jurisdiction of the amount
585	585	claimed.
586	586	SUBCHAPTER J. SALE OF REAL ESTATE: CONTRACT FOR PRIVATE SALE
587	587	Sec. 356.451. TERMS OF [MANNER OF] SALE. The personal
588	588	representative of an estate may enter into a contract for the [A]
589	589	private sale of real estate of the estate [shall be] made in the
590	590	manner the court directs in the order of sale. Unless the court
591	591	directs otherwise, additional advertising, notice, or citation
592	592	concerning the sale is not required.
593	593	SECTION 28. Section 356.502, Estates Code, is amended to
594	594	read as follows:
595	595	Sec. 356.502. PROCEDURE. The procedure for the sale of an
596	596	easement or right-of-way authorized under Section 356.501 is the
597	597	same as the procedure provided by law for a private sale of estate
598	598	real property by contract [at private sale].
599	599	SECTION 29. The heading to Subchapter L, Chapter 356,
600	600	Estates Code, is amended to read as follows:
601	601	SUBCHAPTER L. APPROVAL [CONFIRMATION] OF SALE OF REAL PROPERTY AND
602	602	TRANSFER OF TITLE
603	603	SECTION 30. Section 356.551, Estates Code, is amended to
604	604	read as follows:
605	605	Sec. 356.551. REPORT. A successful bid or contract for the
606	606	sale of estate real property shall be reported to the court ordering
607	607	the sale not later than the 30th day after the date the bid [sale] is
608	608	made or the property is placed under contract. The report must:
609	609	(1) be sworn to, in writing, and filed with the clerk;
610	610	(2) include:
611	611	(A) the date of the order of sale;
612	612	(B) a description of the property being sold;
613	613	(C) the time and place of the auction or date the
614	614	property is placed under contract [sale];
615	615	(D) the purchaser's name;
616	616	(E) the amount of the successful bid or the
617	617	purchase price for [which] each parcel of property or interest in
618	618	property auctioned or placed under contract [was sold];
619	619	(F) the terms of the sale;
620	620	(G) whether the sale of the property is to be
621	621	[was] made at public auction or by contract [privately]; and
622	622	(H) whether the purchaser is ready to comply with
623	623	the order of sale; and
624	624	(3) be noted on the probate docket.
625	625	SECTION 31. Section 356.552, Estates Code, is amended to
626	626	read as follows:
627	627	Sec. 356.552. ACTION OF COURT ON REPORT [OF SALE]. After
628	628	the expiration of five days from the date a report [of sale] is
629	629	filed under Section 356.551, the court shall:
630	630	(1) inquire into the manner in which the auction or
631	631	contract described in the report [sale] was made;
632	632	(2) hear evidence in support of or against the report;
633	633	and
634	634	(3) determine the sufficiency or insufficiency of the
635	635	personal representative's general bond, if any has been required
636	636	and given.
637	637	SECTION 32. Section 356.553, Estates Code, is amended to
638	638	read as follows:
639	639	Sec. 356.553. APPROVAL [CONFIRMATION] OF SALE WHEN BOND NOT
640	640	REQUIRED. If the personal representative of an estate is not
641	641	required by this title to give a general bond, the court may approve
642	642	[confirm] the sale of estate real property in the manner provided by
643	643	Section 356.556(a) if the court finds that the sale is satisfactory
644	644	and made in accordance with law.
645	645	SECTION 33. Sections 356.554(a), (b), and (c), Estates
646	646	Code, are amended to read as follows:
647	647	(a) If the personal representative of an estate is required
648	648	by this title to give a general bond, before the court approves
649	649	[confirms] any sale of real estate, the court shall determine
650	650	whether the bond is sufficient to protect the estate after the sale
651	651	proceeds are received.
652	652	(b) If the court finds that the general bond is sufficient,
653	653	the court may approve [confirm] the sale as provided by Section
654	654	356.556(a).
655	655	(c) If the court finds that the general bond is
656	656	insufficient, the court may not approve [confirm] the sale until
657	657	the general bond is increased to the amount required by the court,
658	658	or an additional bond is given, and approved by the court.
659	659	SECTION 34. Section 356.556, Estates Code, is amended to
660	660	read as follows:
661	661	Sec. 356.556. APPROVAL [CONFIRMATION] OR DISAPPROVAL
662	662	ORDER. (a) If the court is satisfied that the proposed sale of real
663	663	property [a sale] reported under Section 356.551 is [was] for a fair
664	664	price, properly made, and in conformity with law, and the court has
665	665	approved any increased or additional bond that the court found
666	666	necessary to protect the estate, the court shall enter an order:
667	667	(1) approving [confirming] the sale;
668	668	(2) showing conformity with this chapter;
669	669	(3) detailing the terms of the sale; and
670	670	(4) authorizing the personal representative to convey
671	671	the property on the purchaser's compliance with the terms of the
672	672	sale.
673	673	(b) If the court is not satisfied that the proposed sale of
674	674	real property is [sale was] for a fair price, properly made, and in
675	675	conformity with law, the court shall enter an order setting aside
676	676	the bid or contract [sale] and ordering a new sale to be made, if
677	677	necessary.
678	678	(c) The court's action in approving [confirming] or
679	679	disapproving a report under Section 356.551 [of a sale] has the
680	680	effect of a final judgment. Any person interested in the estate or
681	681	in the sale is entitled to have an order entered under this section
682	682	reviewed as in other final judgments in probate proceedings.
683	683	SECTION 35. Section 356.557, Estates Code, is amended to
684	684	read as follows:
685	685	Sec. 356.557. DEED. Real estate of an estate that is sold
686	686	shall be conveyed by a proper deed that refers to and identifies the
687	687	court order approving [confirming] the sale. The deed:
688	688	(1) vests in the purchaser all right and title of the
689	689	estate to, and all interest of the estate in, the property; and
690	690	(2) is prima facie evidence that the sale has met all
691	691	applicable requirements of the law.
692	692	SECTION 36. Section 356.558(a), Estates Code, is amended to
693	693	read as follows:
694	694	(a) After the court has approved [confirmed] a sale and the
695	695	purchaser has complied with the terms of the sale, the personal
696	696	representative of the estate shall promptly execute and deliver to
697	697	the purchaser a proper deed conveying the property.
698	698	SECTION 37. Section 401.005, Estates Code, is amended by
699	699	adding Subsection (a-1) to read as follows:
700	700	(a-1) If a decedent's will does not contain language
701	701	directing that no bond or security be required of a person named as
702	702	executor, unless the court finds that it would not be in the best
703	703	interest of the estate, the court may waive the requirement of a
704	704	bond if all of the distributees of the decedent agree to the waiver
705	705	of bond in:
706	706	(1) the application for probate of the decedent's
707	707	will; or
708	708	(2) one or more separate documents consenting to the
709	709	application for probate of the decedent's will.
710	710	SECTION 38. Subchapter A, Chapter 402, Estates Code, is
711	711	amended by adding Section 402.003 to read as follows:
712	712	Sec. 402.003. DIGITAL ASSETS. The court, either at the time
713	713	the independent executor of an estate is appointed or at any time
714	714	before the administration of the estate is closed, may enter an
715	715	order that:
716	716	(1) directs disclosure of the content of electronic
717	717	communications of the decedent to the independent executor as
718	718	provided by Section 2001.101 and that contains any court finding
719	719	described by Section 2001.101(b)(3);
720	720	(2) with respect to a catalog of electronic
721	721	communications sent or received by the decedent and other digital
722	722	assets of the decedent, other than the content of an electronic
723	723	communication, contains any court finding described by Section
724	724	2001.102(b)(4); or
725	725	(3) directs under Section 2001.231 a custodian to
726	726	comply with a request to disclose digital assets under Chapter
727	727	2001.
728	728	SECTION 39. Subchapter B, Chapter 403, Estates Code, is
729	729	amended by adding Section 403.05851 to read as follows:
730	730	Sec. 403.05851. OTHER CLAIM PROCEDURES APPLY TO MEDICAID
731	731	ESTATE RECOVERY PROGRAM CLAIM. The procedural provisions of this
732	732	title governing creditor claims in supervised administrations
733	733	apply to a claim of the Medicaid estate recovery program under
734	734	Section 531.077, Government Code, in an independent
735	735	administration.
736	736	SECTION 40. Section 455.008(a), Estates Code, is amended to
737	737	read as follows:
738	738	(a) If gross assets of an estate do not exceed 20 [10]
739	739	percent of the maximum amount authorized for a small estate
740	740	affidavit under Section 205.001, the public probate administrator
741	741	may act without issuance of letters testamentary or of
742	742	administration if the court approves a statement of administration
743	743	stating:
744	744	(1) the name and domicile of the decedent;
745	745	(2) the date and place of death of the decedent; and
746	746	(3) the name, address, and relationship of each known
747	747	heir or devisee of the decedent.
748	748	SECTION 41. Section 455.009, Estates Code, is amended by
749	749	adding Subsection (a-1) to read as follows:
750	750	(a-1) The public probate administrator may file the
751	751	affidavit as provided by Subsection (a) after the public probate
752	752	administrator has acted under Section 455.007 or 455.008.
753	753	SECTION 42. Section 455.012, Estates Code, is amended to
754	754	read as follows:
755	755	Sec. 455.012. DEPOSIT OF FUNDS IN COURT REGISTRY [INTO THE
756	756	COUNTY TREASURY]. The public probate administrator shall deposit
757	757	all funds coming into the custody of the administrator in the court
758	758	registry, except as provided by Section 455.003 [county treasury].
759	759	Funds deposited must be disbursed [dispersed] at the direction of
760	760	the public probate administrator and according to an order issued
761	761	by the statutory probate court judge who appointed the
762	762	administrator [the guidelines of the county treasurer or auditor].
763	763	SECTION 43. Section 25.002201(b), Government Code, is
764	764	amended to read as follows:
765	765	(b) If the judge who is the subject of an order of recusal or
766	766	disqualification is the presiding judge of the statutory probate
767	767	courts, the chief justice of the supreme court shall assign [a
768	768	regional presiding judge,] a statutory probate judge[,] or a former
769	769	or retired judge of a statutory probate court to hear the case.
770	770	SECTION 44. Section 25.00255(a), Government Code, is
771	771	amended to read as follows:
772	772	(a) Notwithstanding any conflicting provision in the Texas
773	773	Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil
774	774	Procedure, apply to the recusal and disqualification of a statutory
775	775	probate court judge except as otherwise provided by this section or
776	776	another provision of this subchapter. The presiding judge:
777	777	(1) has the authority and shall perform the functions
778	778	and duties of the presiding judge of the administrative judicial
779	779	region under the rules, including the duty to hear or rule on a
780	780	referred motion of recusal or disqualification or, subject to
781	781	Subdivisions (2) and (3) [and to Section 25.002201], assign a judge
782	782	to hear and rule on a referred motion of recusal or
783	783	disqualification;
784	784	(2) may assign a presiding judge of the administrative
785	785	judicial region to hear and rule on a referred motion of recusal or
786	786	disqualification only with the consent of the presiding judge of
787	787	the administrative judicial region; [and]
788	788	(3) may not assign a judge of a statutory probate court
789	789	located in the same county as the statutory probate court served by
790	790	the judge who is the subject of the motion of recusal or
791	791	disqualification; and
792	792	(4) if the presiding judge is the subject of the motion
793	793	of recusal or disqualification, shall sign and file with the clerk
794	794	an order referring the motion to the chief justice of the supreme
795	795	court for assignment of a presiding judge of an administrative
796	796	judicial region, a statutory probate court judge, or a former or
797	797	retired judge of a statutory probate court to hear and rule on the
798	798	motion, subject to Subdivisions (2) and (3).
799	799	SECTION 45. The following provisions of the Estates Code
800	800	are repealed:
801	801	(1) Section 114.002(b); and
802	802	(2) Subchapter D, Chapter 114.
803	803	SECTION 46. (a) Subchapter C, Chapter 111, Estates Code, as
804	804	added by this Act, applies to an agreement, account, contract, or
805	805	designation made or entered into before, on, or after the effective
806	806	date of this Act, regardless of the date of the deceased party's
807	807	death.
808	808	(b) Section 113.252(c), Estates Code, as amended by this
809	809	Act, applies to a proceeding commenced on or after the effective
810	810	date of this Act. A proceeding commenced before the effective date
811	811	of this Act is governed by the law in effect on the date the
812	812	proceeding was commenced, and the former law is continued in effect
813	813	for that purpose.
814	814	(c) The repeal of Subchapter D, Chapter 114, Estates Code,
815	815	by this Act does not affect the validity of a transfer on death deed
816	816	or a cancellation of a transfer on death deed executed before, on,
817	817	or after the effective date of this Act.
818	818	(d) Section 202.151, Estates Code, as amended by this Act,
819	819	applies only to a proceeding to declare heirship commenced on or
820	820	after the effective date of this Act. A proceeding to declare
821	821	heirship commenced before that date is governed by the law in effect
822	822	on the date the proceeding was commenced, and the former law is
823	823	continued in effect for that purpose.
824	824	(e) Section 255.456, Estates Code, as added by this Act,
825	825	applies only to a petition filed on or after the effective date of
826	826	this Act. A petition filed before the effective date of this Act is
827	827	governed by the law in effect on the date the petition was filed,
828	828	and the former law is continued in effect for that purpose.
829	829	(f) Sections 256.052(a), 256.053(b), and 257.051(a),
830	830	Estates Code, as amended by this Act, and Section 401.005(a-1),
831	831	Estates Code, as added by this Act, apply only to an application for
832	832	the probate of a will filed on or after the effective date of this
833	833	Act. An application for the probate of a will filed before that
834	834	date is governed by the law in effect on the date the application
835	835	was filed, and the former law is continued in effect for that
836	836	purpose.
837	837	(g) Section 301.052(a), Estates Code, as amended by this
838	838	Act, applies only to an application for letters of administration
839	839	filed on or after the effective date of this Act. An application
840	840	for letters of administration filed before the effective date of
841	841	this Act is governed by the law in effect on the date the
842	842	application was filed, and the former law is continued in effect for
843	843	that purpose.
844	844	(h) Sections 351.106 and 402.003, Estates Code, as added by
845	845	this Act, apply only to the administration of a decedent's estate
846	846	that is pending or commenced on or after the effective date of this
847	847	Act.
848	848	(i) Sections 351.152(a) and (b), Estates Code, as amended by
849	849	this Act, apply only to a contract entered into or a conveyance made
850	850	on or after the effective date of this Act. A contract entered into
851	851	or a conveyance made before the effective date of this Act is
852	852	governed by the law in effect on the date the contract was entered
853	853	into or the conveyance was made, and the former law is continued in
854	854	effect for that purpose.
855	855	(j) Sections 352.052(c), 403.05851, and 455.009(a-1),
856	856	Estates Code, as added by this Act, and Subchapters I and J, Chapter
857	857	356, and Sections 355.102(b) and (c), 355.103, 355.1551(a) and (b),
858	858	356.502, 356.551, 356.552, 356.553, 356.554(a), (b), and (c),
859	859	356.556, 356.557, 356.558(a), 455.008(a), and 455.012, Estates
860	860	Code, as amended by this Act, apply only to the estate of a decedent
861	861	who dies on or after the effective date of this Act. The estate of a
862	862	decedent who dies before the effective date of this Act is governed
863	863	by the law in effect on the date of the decedent's death, and the
864	864	former law is continued in effect for that purpose.
865	865	(k) Section 25.00255(a), Government Code, as amended by
866	866	this Act, applies only to a motion of recusal or disqualification
867	867	made on or after the effective date of this Act. A motion of recusal
868	868	or disqualification made before the effective date of this Act is
869	869	governed by the law in effect on the date the motion was made, and
870	870	the former law is continued in effect for that purpose.
871	871	SECTION 47. This Act takes effect September 1, 2019.