| 1 | 1 | | 87R2028 EAS-D |
|---|
| 2 | 2 | | By: Landgraf H.B. No. 151 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to exercise of authority by a personal representative of a |
|---|
| 8 | 8 | | decedent's estate without court approval. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 351.052(a), Estates Code, is amended to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | (a) A personal representative of an estate may, without |
|---|
| 13 | 13 | | application to or order of the court: |
|---|
| 14 | 14 | | (1) release a lien on payment at maturity of the debt |
|---|
| 15 | 15 | | secured by the lien; |
|---|
| 16 | 16 | | (2) vote stocks by limited or general proxy; |
|---|
| 17 | 17 | | (3) pay calls and assessments; |
|---|
| 18 | 18 | | (4) insure the estate against liability in appropriate |
|---|
| 19 | 19 | | cases; |
|---|
| 20 | 20 | | (5) insure estate property against fire, theft, and |
|---|
| 21 | 21 | | other hazards; [or] |
|---|
| 22 | 22 | | (6) pay taxes, court costs, and bond premiums; |
|---|
| 23 | 23 | | (7) hire an accountant, bookkeeper, or other tax |
|---|
| 24 | 24 | | professional to assist with any tax filing required for the |
|---|
| 25 | 25 | | decedent or the estate; |
|---|
| 26 | 26 | | (8) hire a real estate agent to assist with the |
|---|
| 27 | 27 | | marketing and selling of any real property of the estate; |
|---|
| 28 | 28 | | (9) hire an appraiser to assist with any valuations |
|---|
| 29 | 29 | | required for estate property for which the court has not appointed |
|---|
| 30 | 30 | | an appraiser to appraise the property; |
|---|
| 31 | 31 | | (10) pay all reasonable costs necessary to exercise |
|---|
| 32 | 32 | | the personal representative's duty of care under Section 351.101; |
|---|
| 33 | 33 | | or |
|---|
| 34 | 34 | | (11) pay all reasonable costs related to the exercise |
|---|
| 35 | 35 | | of any power listed in Subdivisions (1)-(9). |
|---|
| 36 | 36 | | SECTION 2. The changes in law made by this Act to Section |
|---|
| 37 | 37 | | 351.052(a), Estates Code, apply only to the administration of the |
|---|
| 38 | 38 | | estate of a decedent who dies on or after the effective date of this |
|---|
| 39 | 39 | | Act. The administration of the estate of a decedent who dies before |
|---|
| 40 | 40 | | the effective date of this Act is governed by the law in effect on |
|---|
| 41 | 41 | | the date of the decedent's death, and the former law is continued in |
|---|
| 42 | 42 | | effect for that purpose. |
|---|
| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|