By: Huffman S.B. No. 874
(In the Senate - Filed February 19, 2019; March 1, 2019,
read first time and referred to Committee on State Affairs;
March 13, 2019, reported favorably by the following vote: Yeas 9,
Nays 0; March 13, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to forms for creating or revoking a transfer on death deed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.020(a), Government Code, is amended
by adding Subdivision (3) to read as follows:
(3) "Transfer on death deed" has the meaning assigned
by Section 114.002, Estates Code.
SECTION 2. Section 22.020(b), Government Code, is amended
to read as follows:
(b) The supreme court shall, as the court considers
appropriate, promulgate:
(1) forms for use by individuals representing
themselves in certain probate matters, including forms for use in:
(A) a small estate affidavit proceeding under
Chapter 205, Estates Code; and
(B) the probate of a will as a muniment of title
under Chapter 257, Estates Code;
(2) a simple will form for:
(A) a married individual with an adult child;
(B) a married individual with a minor child;
(C) a married individual with no children;
(D) an unmarried individual with an adult child;
(E) an unmarried individual with a minor child;
and
(F) an unmarried individual with no children;
(2-a) a form for use to create a transfer on death deed
and a form for use to create an instrument of revocation of a
transfer on death deed under Chapter 114, Estates Code; and
(3) instructions for the proper use of each form or set
of forms.
SECTION 3. The following provisions of the Estates Code are
repealed:
(1) Section 114.002(b); and
(2) Subchapter D, Chapter 114.
SECTION 4. The repeal of Subchapter D, Chapter 114, Estates
Code, by this Act does not affect the validity of a transfer on
death deed or a cancellation of a transfer on death deed executed
before, on, or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2019.
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