Texas 2023 - 88th Regular

Texas Senate Bill SB1373 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1373
2	2
3	3
4	4	AN ACT
5	5	relating to decedents' estates and the delivery of certain notices
6	6	or other communications in connection with those estates or
7	7	multiple-party accounts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 22, Estates Code, is amended by adding
10	10	Section 22.0295 to read as follows:
11	11	Sec. 22.0295. QUALIFIED DELIVERY METHOD. "Qualified
12	12	delivery method" means delivery by:
13	13	(1) hand delivery by courier, with courier's proof of
14	14	delivery receipt;
15	15	(2) certified or registered mail, return receipt
16	16	requested, with return receipt; or
17	17	(3) a private delivery service designated as a
18	18	designated delivery service by the United States Secretary of the
19	19	Treasury under Section 7502(f)(2), Internal Revenue Code of 1986,
20	20	with proof of delivery receipt.
21	21	SECTION 2. The heading to Section 51.052, Estates Code, is
22	22	amended to read as follows:
23	23	Sec. 51.052. SERVICE BY MAIL OR PRIVATE DELIVERY.
24	24	SECTION 3. Sections 51.052(b), (c), (d), (e), (f), and (g),
25	25	Estates Code, are amended to read as follows:
26	26	(b) Except as provided by Subsection (c), the county clerk
27	27	shall issue a citation or notice required or permitted to be served
28	28	by a qualified delivery method [registered or certified mail] and
29	29	shall serve the citation or notice by sending [mailing] the
30	30	original citation or notice by a qualified delivery method
31	31	[registered or certified mail].
32	32	(c) A personal representative shall issue a notice required
33	33	to be given by the representative by a qualified delivery method
34	34	[registered or certified mail] and shall serve the notice by
35	35	sending [mailing] the original notice by a qualified delivery
36	36	method [registered or certified mail].
37	37	(d) The county clerk or personal representative, as
38	38	applicable, shall send [mail] a citation or notice under Subsection
39	39	(b) or (c) with an instruction to deliver the citation or notice to
40	40	the addressee only and with return receipt or other proof of
41	41	delivery requested. The clerk or representative, as applicable,
42	42	shall address the envelope containing the citation or notice to:
43	43	(1) the attorney of record in the proceeding for the
44	44	person to be cited or notified; or
45	45	(2) the person to be cited or notified, if the citation
46	46	or notice to the attorney is returned undelivered or the person to
47	47	be cited or notified has no attorney of record in the proceeding.
48	48	(e) Service by a qualified delivery method [mail] shall be
49	49	made at least 20 days before the return day of the service,
50	50	excluding the date of service. The date of service [by mail] is the
51	51	date of mailing, the date of deposit with the private delivery
52	52	service, or the date of delivery by the courier, as applicable.
53	53	(f) A copy of a citation or notice served under Subsection
54	54	(a), (b), or (c), together with a certificate of the person serving
55	55	the citation or notice showing that the citation or notice was sent
56	56	[mailed] and the date of the mailing, date of deposit with a private
57	57	delivery service, or date of delivery by courier, as applicable,
58	58	shall be filed and recorded. A returned receipt or proof of
59	59	delivery receipt for a citation or notice served under Subsection
60	60	(b) or (c) shall be attached to the certificate.
61	61	(g) If a citation or notice served by a qualified delivery
62	62	method [mail] is returned undelivered, a new citation or notice
63	63	shall be issued. Service of the new citation or notice must be made
64	64	by posting.
65	65	SECTION 4. Section 51.055(a), Estates Code, is amended to
66	66	read as follows:
67	67	(a) If a party is represented by an attorney of record in a
68	68	probate proceeding, each citation or notice required to be served
69	69	on the party in that proceeding shall be served instead on that
70	70	attorney. A notice under this subsection may be served by delivery
71	71	to the attorney in person or by a qualified delivery method
72	72	[registered or certified mail].
73	73	SECTION 5. Section 51.056, Estates Code, is amended to read
74	74	as follows:
75	75	Sec. 51.056. SERVICE ON PERSONAL REPRESENTATIVE OR
76	76	RECEIVER. Unless this title expressly provides for another method
77	77	of service, the county clerk who issues a citation or notice
78	78	required to be served on a personal representative or receiver
79	79	shall serve the citation or notice by sending [mailing] the
80	80	original citation or notice by a qualified delivery method
81	81	[registered or certified mail] to:
82	82	(1) the representative's or receiver's attorney of
83	83	record; or
84	84	(2) the representative or receiver, if the
85	85	representative or receiver does not have an attorney of record.
86	86	SECTION 6. Section 51.103(b), Estates Code, is amended to
87	87	read as follows:
88	88	(b) Proof of service consists of:
89	89	(1) if the service is made by a sheriff or constable,
90	90	the return of service;
91	91	(2) if the service is made by a private person, the
92	92	person's affidavit;
93	93	(3) if the service is made by a qualified delivery
94	94	method [mail]:
95	95	(A) the certificate of the county clerk making
96	96	the service, or the affidavit of the personal representative or
97	97	other person making the service, stating that the citation or
98	98	notice was mailed, deposited with a private delivery service, or
99	99	delivered by courier, as applicable, and the date of the mailing or
100	100	deposit with the delivery service or the date of the courier
101	101	delivery, as applicable; and
102	102	(B) the return receipt or other proof of delivery
103	103	receipt attached to the certificate or affidavit, as applicable, if
104	104	the sending [mailing] was by a qualified delivery method
105	105	[registered or certified mail] and a receipt is available [has been
106	106	returned]; and
107	107	(4) if the service is made by publication:
108	108	(A) a statement:
109	109	(i) made by the Office of Court
110	110	Administration of the Texas Judicial System or an employee of the
111	111	office;
112	112	(ii) that contains or to which is attached a
113	113	copy of the published citation or notice; and
114	114	(iii) that states the date of publication
115	115	on the public information Internet website maintained as required
116	116	by Section 72.034, Government Code[, as added by Chapter 606 (S.B.
117	117	891), Acts of the 86th Legislature, Regular Session, 2019]; and
118	118	(B) an affidavit:
119	119	(i) made by the publisher of the newspaper
120	120	in which the citation or notice was published or an employee of the
121	121	publisher;
122	122	(ii) that contains or to which is attached a
123	123	copy of the published citation or notice; and
124	124	(iii) that states the date of publication
125	125	printed on the newspaper in which the citation or notice was
126	126	published.
127	127	SECTION 7. Section 56.002(b), Estates Code, is amended to
128	128	read as follows:
129	129	(b) The resident agent shall send, by a qualified delivery
130	130	method [certified mail, return receipt requested], a copy of a
131	131	resignation statement filed under Subsection (a) to:
132	132	(1) the personal representative at the address most
133	133	recently known by the resident agent; and
134	134	(2) each party in the case or the party's attorney or
135	135	other designated representative of record.
136	136	SECTION 8. The heading to Section 101.052, Estates Code, is
137	137	amended to read as follows:
138	138	Sec. 101.052. LIABILITY OF COMMUNITY PROPERTY FOR DEBTS [
139	139	OF
140	140	DECEASED SPOUSE].
141	141	SECTION 9. Section 101.052, Estates Code, is amended by
142	142	amending Subsections (a) and (b) and adding Subsection (a-1) to
143	143	read as follows:
144	144	(a) The community property that was by law under [subject
145	145	to] the sole management, control, and disposition of a spouse or
146	146	under the joint management, control, and disposition of the spouses
147	147	[a spouse] during marriage continues to be subject to the
148	148	liabilities of that spouse on the death of either spouse.
149	149	(a-1) The undivided one-half interest that the surviving
150	150	spouse owned in community property that was by law under the sole
151	151	management, control, and disposition of the deceased spouse during
152	152	marriage is subject to the liabilities of the surviving spouse on
153	153	the death of the deceased spouse.
154	154	(b) The undivided one-half interest that the deceased
155	155	spouse owned in [any other nonexempt] community property that was
156	156	by law under the sole management, control, and disposition of the
157	157	surviving spouse during marriage passes to the deceased spouse's
158	158	heirs or devisees charged with the liabilities of [debts that were
159	159	enforceable against] the deceased spouse [before death].
160	160	SECTION 10. Sections 113.001(1) and (8), Estates Code, are
161	161	amended to read as follows:
162	162	(1) "Account" means a contract of deposit of funds or
163	163	securities between a depositor and a financial institution. The
164	164	term includes:
165	165	(A) an account with cash deposits, including a
166	166	checking account, savings account, certificate of deposit, and
167	167	share account;
168	168	(B) an account holding securities, including
169	169	stocks, bonds, and mutual funds; and
170	170	(C) another[, or other] similar arrangement.
171	171	(8) "Sums on deposit" means the balance payable or
172	172	transferable on a multiple-party account including cash, interest,
173	173	dividends, any type of securities, including stocks, bonds, and
174	174	mutual funds, and any deposit of life insurance proceeds added to
175	175	the account by reason of the death of a party.
176	176	SECTION 11. Section 113.251(c), Estates Code, is amended to
177	177	read as follows:
178	178	(c) Not later than the 30th day after the date a security
179	179	interest on a multiple-party account is perfected, a secured
180	180	creditor that is a financial institution with accounts insured by
181	181	the Federal Deposit Insurance Corporation shall provide written
182	182	notice of the pledge of the account to any other party to the
183	183	account who did not create the security interest. The notice must
184	184	be sent by a qualified delivery method [certified mail] to each
185	185	other party at the last address the party provided to the depository
186	186	bank.
187	187	SECTION 12. Section 202.005, Estates Code, is amended to
188	188	read as follows:
189	189	Sec. 202.005. APPLICATION FOR PROCEEDING TO DECLARE
190	190	HEIRSHIP. A person authorized by Section 202.004 to commence a
191	191	proceeding to declare heirship must file an application in a court
192	192	specified by Section 33.004 to commence the proceeding. The
193	193	application must state:
194	194	(1) the decedent's name and date and place of death;
195	195	(2) the names and physical addresses where service can
196	196	be had of the decedent's heirs, the relationship of each heir to the
197	197	decedent, whether each heir is an adult or minor, and the true
198	198	interest of the applicant and each of the heirs in the decedent's
199	199	estate or in the trust, as applicable;
200	200	(3) if the date or place of the decedent's death or the
201	201	name or physical address where service can be had of an heir is not
202	202	definitely known to the applicant, all the material facts and
203	203	circumstances with respect to which the applicant has knowledge and
204	204	information that might reasonably tend to show the date or place of
205	205	the decedent's death or the name or physical address where service
206	206	can be had of the heir;
207	207	(4) that all children born to or adopted by the
208	208	decedent have been listed;
209	209	(5) that each of the decedent's marriages has been
210	210	listed with:
211	211	(A) the date of the marriage;
212	212	(B) the name of the spouse;
213	213	(C) the date and place of termination if the
214	214	marriage was terminated; and
215	215	(D) other facts to show whether a spouse has had
216	216	an interest in the decedent's property;
217	217	(6) whether the decedent died testate and, if so, what
218	218	disposition has been made of the will;
219	219	(7) a general description of all property, as
220	220	applicable:
221	221	(A) belonging to the decedent's estate that is
222	222	subject to distribution under a judgment in the proceeding; or
223	223	(B) held in trust for the benefit of the
224	224	decedent[, as applicable]; and
225	225	(8) an explanation for the omission from the
226	226	application of any of the information required by this section.
227	227	SECTION 13. Section 202.051, Estates Code, is amended to
228	228	read as follows:
229	229	Sec. 202.051. SERVICE OF CITATION BY QUALIFIED DELIVERY
230	230	METHOD [MAIL] WHEN RECIPIENT'S NAME AND ADDRESS ARE KNOWN OR
231	231	ASCERTAINABLE. Except as provided by Section 202.054, citation in
232	232	a proceeding to declare heirship must be served by a qualified
233	233	delivery method [registered or certified mail] on:
234	234	(1) each distributee who is 12 years of age or older
235	235	and whose name and address are known or can be ascertained through
236	236	the exercise of reasonable diligence; and
237	237	(2) the parent, managing conservator, or guardian of
238	238	each distributee who is younger than 12 years of age if the name and
239	239	address of the parent, managing conservator, or guardian are known
240	240	or can be reasonably ascertained.
241	241	SECTION 14. Section 202.056, Estates Code, is amended to
242	242	read as follows:
243	243	Sec. 202.056. WAIVER OF SERVICE OF CITATION. (a) A [Except
244	244	as provided by Subsection (b)(2), a] distributee who is 16 years of
245	245	age or older may waive citation required by this subchapter to be
246	246	served on the distributee.
247	247	(b) A parent, managing conservator, guardian, attorney ad
248	248	litem, or guardian ad litem of a [minor] distributee who is younger
249	249	than 16 years of age may[:
250	250	[(1) is younger than 12 years of age may] waive
251	251	citation required by this subchapter to be served on the
252	252	distributee[; and
253	253	[(2) is 12 years of age or older may not waive citation
254	254	required by this subchapter to be served on the distributee].
255	255	SECTION 15. Section 202.151, Estates Code, is amended by
256	256	amending Subsections (b) and (c) and adding Subsection (d) to read
257	257	as follows:
258	258	(b) Except as provided by Subsection (c), in a proceeding to
259	259	declare heirship, testimony regarding a decedent's heirs and family
260	260	history must be taken:
261	261	(1) from two disinterested and credible witnesses in
262	262	open court;
263	263	(2) [,] by deposition in accordance with Section
264	264	51.203;
265	265	(3) by a recorded statement of facts contained in:
266	266	(A) an affidavit or instrument that satisfies the
267	267	requirements of Section 203.001; or
268	268	(B) a judgment of a court of record as specified
269	269	by Section 203.001(a)(1)(B);[,] or
270	270	(4) in accordance with the Texas Rules of Civil
271	271	Procedure.
272	272	(c) If it is shown to the court's satisfaction in a
273	273	proceeding to declare heirship that, after a diligent search was
274	274	made, only one disinterested and credible witness can be found who
275	275	can make the required proof in the proceeding, the testimony of that
276	276	witness must be taken:
277	277	(1) in open court;
278	278	(2) [,] by deposition in accordance with Section
279	279	51.203;
280	280	(3) by a recorded statement of facts contained in:
281	281	(A) an affidavit or instrument that satisfies the
282	282	requirements of Section 203.001; or
283	283	(B) a judgment of a court of record as specified
284	284	by Section 203.001(a)(1)(B);[,] or
285	285	(4) in accordance with the Texas Rules of Civil
286	286	Procedure.
287	287	(d) Notwithstanding any other law, a person interested in an
288	288	estate solely because the person is a creditor or has a claim
289	289	against the estate may serve as a witness under this section if the
290	290	person is otherwise a credible witness.
291	291	SECTION 16. Section 202.203, Estates Code, is amended to
292	292	read as follows:
293	293	Sec. 202.203. CORRECTION OF JUDGMENT AT REQUEST OF HEIR NOT
294	294	PROPERLY SERVED. If an heir of a decedent who is the subject of a
295	295	proceeding to declare heirship is not served with citation by a
296	296	qualified delivery method [registered or certified mail] or
297	297	personal service in the proceeding, the heir may:
298	298	(1) have the judgment in the proceeding corrected by
299	299	bill of review:
300	300	(A) at any time, but not later than the fourth
301	301	anniversary of the date of the judgment; or
302	302	(B) after the passage of any length of time, on
303	303	proof of actual fraud; and
304	304	(2) recover the heir's just share of the property or
305	305	the value of that share from:
306	306	(A) the heirs named in the judgment; and
307	307	(B) those who claim under the heirs named in the
308	308	judgment and who are not bona fide purchasers for value.
309	309	SECTION 17. Section 251.053, Estates Code, is amended to
310	310	read as follows:
311	311	Sec. 251.053. EXCEPTION FOR FOREIGN AND CERTAIN OTHER
312	312	WILLS. A [Section 251.051 does not apply to a] written will does
313	313	not need to meet the requirements of Section 251.051 if the will is
314	314	executed in compliance with:
315	315	(1) the law of the state or foreign country where the
316	316	will was executed, as that law existed at the time of the will's
317	317	execution; or
318	318	(2) the law of the state or foreign country where the
319	319	testator was domiciled or had a place of residence, as that law
320	320	existed at the time of the will's execution or at the time of the
321	321	testator's death.
322	322	SECTION 18. Section 258.002, Estates Code, is amended by
323	323	adding Subsections (d) and (e) to read as follows:
324	324	(d) An heir who is 16 years of age or older may waive
325	325	citation required by this section to be served on the heir.
326	326	(e) The parent, managing conservator, guardian, attorney ad
327	327	litem, or guardian ad litem of an heir who is younger than 16 years
328	328	of age may waive citation required by this section to be served on
329	329	the heir.
330	330	SECTION 19. Section 304.003, Estates Code, is amended to
331	331	read as follows:
332	332	Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR
333	333	ADMINISTRATOR. (a) Except as provided by Subsection (b), a [A]
334	334	person is not qualified to serve as an executor or administrator if
335	335	the person is:
336	336	(1) incapacitated;
337	337	(2) a felon convicted under the laws of the United
338	338	States or of any state of the United States unless, in accordance
339	339	with law, the person has been pardoned or has had the person's civil
340	340	rights restored;
341	341	(3) a nonresident of this state who:
342	342	(A) is a natural person or corporation; and
343	343	(B) has not:
344	344	(i) appointed a resident agent to accept
345	345	service of process in all actions or proceedings with respect to the
346	346	estate; or
347	347	(ii) had that appointment filed with the
348	348	court;
349	349	(4) a corporation not authorized to act as a fiduciary
350	350	in this state; or
351	351	(5) a person whom the court finds unsuitable.
352	352	(b) A person described by Subsection (a)(2) is not
353	353	disqualified from serving as an executor of a decedent's estate
354	354	under Subsection (a)(2) if:
355	355	(1) the person is named as executor in the decedent's
356	356	will;
357	357	(2) the person is otherwise qualified to serve as an
358	358	executor; and
359	359	(3) the court approves the person serving as an
360	360	executor.
361	361	SECTION 20. Section 305.001, Estates Code, is amended to
362	362	read as follows:
363	363	Sec. 305.001. DEFINITIONS. In this chapter:
364	364	(1) "Bond" means a bond required by this chapter to be
365	365	given by a person appointed to serve as a personal representative.
366	366	(2) "Declaration" means a written declaration that may
367	367	be made and signed by a person appointed to serve as a personal
368	368	representative.
369	369	(3) "Oath" means an oath that may [required by this
370	370	chapter to] be taken by a person appointed to serve as a personal
371	371	representative.
372	372	SECTION 21. Section 305.002, Estates Code, is amended to
373	373	read as follows:
374	374	Sec. 305.002. MANNER OF QUALIFICATION OF PERSONAL
375	375	REPRESENTATIVE. (a) A personal representative, other than an
376	376	executor described by Subsection (b), is considered to have
377	377	qualified when the representative has:
378	378	(1) taken and filed the oath prescribed by Subchapter
379	379	B or made, signed, and filed the declaration prescribed by
380	380	Subchapter B;
381	381	(2) filed the required bond with the clerk; and
382	382	(3) obtained the judge's approval of the bond.
383	383	(b) An executor who is not required to give a bond is
384	384	considered to have qualified when the executor has taken and filed
385	385	the oath prescribed by Subchapter B or made, signed, and filed the
386	386	declaration prescribed by Subchapter B.
387	387	SECTION 22. Section 305.003, Estates Code, is amended to
388	388	read as follows:
389	389	Sec. 305.003. PERIOD FOR TAKING OATH OR MAKING AND SIGNING
390	390	DECLARATION. An oath may be taken and subscribed or a declaration
391	391	may be made and signed at any time before:
392	392	(1) the 21st day after the date of the order granting
393	393	letters testamentary or of administration, as applicable; or
394	394	(2) the letters testamentary or of administration, as
395	395	applicable, are revoked for a failure to qualify within the period
396	396	allowed.
397	397	SECTION 23. The heading to Subchapter B, Chapter 305,
398	398	Estates Code, is amended to read as follows:
399	399	SUBCHAPTER B. OATHS OR DECLARATIONS
400	400	SECTION 24. Section 305.051, Estates Code, is amended to
401	401	read as follows:
402	402	Sec. 305.051. OATH OR DECLARATION OF EXECUTOR OR
403	403	ADMINISTRATOR WITH WILL ANNEXED. (a) Before the issuance of
404	404	letters testamentary or letters of administration with the will
405	405	annexed, the person named as executor or appointed as administrator
406	406	with the will annexed shall:
407	407	(1) take and subscribe an oath as prescribed by
408	408	Subsection (b); or
409	409	(2) make and sign a declaration as prescribed by
410	410	Subsection (c).
411	411	(b) If the person named as executor or appointed as
412	412	administrator with the will annexed elects to take an oath under
413	413	this section, the person shall take and subscribe an oath in
414	414	substantially the following form:
415	415	I do solemnly swear that the writing offered for probate is
416	416	the last will of ________ (insert name of testator), so far as I
417	417	know or believe, and that I will well and truly perform all the
418	418	duties of __________ (insert "executor of the will" or
419	419	"administrator with the will annexed," as applicable) for the
420	420	estate of _______ (insert name of testator).
421	421	(c) If the person named as executor or appointed as
422	422	administrator with the will annexed elects to make a declaration
423	423	under this section, the person shall make and sign a declaration in
424	424	substantially the following form:
425	425	My name is ________ (insert name of "executor of the will" or
426	426	"administrator with the will annexed" as it appears on the order
427	427	appointing the person as executor or administrator with the will
428	428	annexed), my date of birth is ________ (insert date of birth of
429	429	"executor of the will" or "administrator with the will annexed," as
430	430	applicable), and my address is ________ (insert street, city,
431	431	state, zip code, and country of "executor of the will" or
432	432	"administrator with the will annexed," as applicable). I declare
433	433	under penalty of perjury that the writing offered for probate is the
434	434	last will of ________ (insert name of testator), so far as I know or
435	435	believe. I also solemnly declare that I will well and truly perform
436	436	all the duties of ________ (insert "executor of will" or
437	437	"administrator with the will annexed," as applicable) for the
438	438	estate of ________ (insert name of testator).
439	439	SECTION 25. Section 305.052, Estates Code, is amended to
440	440	read as follows:
441	441	Sec. 305.052. OATH OR DECLARATION OF ADMINISTRATOR.
442	442	(a) Before the issuance of letters of administration, the person
443	443	appointed as administrator shall:
444	444	(1) take and subscribe an oath as prescribed by
445	445	Subsection (b); or
446	446	(2) make and sign a declaration as prescribed by
447	447	Subsection (c).
448	448	(b) If the person appointed as administrator elects to take
449	449	an oath under this section, the person shall take and subscribe an
450	450	oath in substantially the following form:
451	451	I do solemnly swear that ___________ (insert name of
452	452	decedent), deceased, died _______ (insert "without leaving any
453	453	lawful will" or "leaving a lawful will, but the executor named in
454	454	the will is dead or has failed to offer the will for probate or to
455	455	accept and qualify as executor, within the period required," as
456	456	applicable), so far as I know or believe, and that I will well and
457	457	truly perform all the duties of administrator of the estate of
458	458	________ (insert name of testator) [the deceased].
459	459	(c) If the person appointed as administrator elects to make
460	460	a declaration under this section, the person shall make and sign a
461	461	declaration in substantially the following form:
462	462	My name is ________ (insert name of administrator as it
463	463	appears on the order appointing the person as administrator), my
464	464	date of birth is ________ (insert date of birth of
465	465	"administrator"), and my address is ________ (insert street, city,
466	466	state, zip code, and country of "administrator"). I declare under
467	467	penalty of perjury that ________ (insert name of decedent),
468	468	deceased, died ________ (insert "without leaving any lawful will"
469	469	or "leaving a lawful will, but the executor named in the will is
470	470	dead or has failed to offer the will for probate or to accept and
471	471	qualify as executor, within the period required," as applicable),
472	472	so far as I know or believe. I also solemnly declare that I will
473	473	well and truly perform all the duties of administrator of the estate
474	474	of ________ (insert name of decedent).
475	475	SECTION 26. Section 305.053, Estates Code, is amended to
476	476	read as follows:
477	477	Sec. 305.053. OATH OR DECLARATION OF TEMPORARY
478	478	ADMINISTRATOR. (a) Before the issuance of temporary letters of
479	479	administration, the person appointed as temporary administrator
480	480	shall:
481	481	(1) take and subscribe an oath as prescribed by
482	482	Subsection (b); or
483	483	(2) make and sign a declaration as prescribed by
484	484	Subsection (c).
485	485	(b) If the person appointed as temporary administrator
486	486	elects to take an oath under this section, the person shall take and
487	487	subscribe an oath in substantially the following form:
488	488	I do solemnly swear that I will well and truly perform the
489	489	duties of temporary administrator of the estate of __________
490	490	(insert name of decedent), deceased, in accordance with the law,
491	491	and with the order of the court appointing me as temporary
492	492	administrator.
493	493	(c) If the person appointed as temporary administrator
494	494	elects to make a declaration under this section, the person shall
495	495	make and sign a declaration in substantially the following form:
496	496	My name is _______ (insert name of temporary administrator as
497	497	it appears on the order appointing the person as temporary
498	498	administrator), my date of birth is _______ (insert date of birth of
499	499	"temporary administrator"), and my address is _______ (insert
500	500	street, city, state, zip code, and country of "temporary
501	501	administrator"). I solemnly declare that I will well and truly
502	502	perform all the duties of temporary administrator of the estate of
503	503	_______ (insert name of decedent), in accordance with the law, and
504	504	with the order of the court appointing me as temporary
505	505	administrator.
506	506	SECTION 27. Section 305.055, Estates Code, is amended to
507	507	read as follows:
508	508	Sec. 305.055. FILING AND RECORDING OF OATH OR
509	509	DECLARATION. An oath or declaration shall be:
510	510	(1) filed with the clerk of the court granting the
511	511	letters testamentary or of administration, as applicable; and
512	512	(2) recorded in the judge's probate docket.
513	513	SECTION 28. Section 308.002(d), Estates Code, is amended to
514	514	read as follows:
515	515	(d) The notice required by this section must be sent by a
516	516	qualified delivery method [registered or certified mail, return
517	517	receipt requested].
518	518	SECTION 29. Section 308.051(a), Estates Code, is amended to
519	519	read as follows:
520	520	(a) Within one month after receiving letters testamentary
521	521	or of administration, a personal representative of an estate shall
522	522	provide notice requiring each person who has a claim against the
523	523	estate to present the claim within the period prescribed by law by:
524	524	(1) having the notice published in a newspaper of
525	525	general circulation in the county in which the letters were issued;
526	526	and
527	527	(2) if the decedent remitted or should have remitted
528	528	taxes administered by the comptroller, sending the notice to the
529	529	comptroller by a qualified delivery method [certified or registered
530	530	mail].
531	531	SECTION 30. Sections 308.053(c) and (d), Estates Code, are
532	532	amended to read as follows:
533	533	(c) Notice provided under this section must be:
534	534	(1) sent by a qualified delivery method [certified or
535	535	registered mail, return receipt requested]; and
536	536	(2) addressed to the record holder of the claim at the
537	537	record holder's last known post office address.
538	538	(d) The following shall be filed with the clerk of the court
539	539	in which the letters testamentary or of administration were issued:
540	540	(1) a copy of each notice and of each return receipt or
541	541	other proof of delivery receipt; and
542	542	(2) the personal representative's affidavit stating:
543	543	(A) that the notice was sent [mailed] as required
544	544	by law; and
545	545	(B) the name of the person to whom the notice was
546	546	sent [mailed], if that name is not shown on the notice or receipt.
547	547	SECTION 31. Section 308.054(a), Estates Code, is amended to
548	548	read as follows:
549	549	(a) At any time before an estate administration is closed, a
550	550	personal representative may give notice by a qualified delivery
551	551	method [certified or registered mail, return receipt requested,] to
552	552	an unsecured creditor who has a claim for money against the estate.
553	553	SECTION 32. Section 356.105(a), Estates Code, is amended to
554	554	read as follows:
555	555	(a) A successful bid or contract for the sale of estate
556	556	personal property shall be reported to the court. The laws
557	557	regulating the approval or disapproval of a sale of real estate
558	558	apply to the sale, except that a conveyance is not required.
559	559	SECTION 33. Section 356.654(b), Estates Code, is amended to
560	560	read as follows:
561	561	(b) Before purchasing estate property as authorized by
562	562	Subsection (a), the personal representative shall give notice of
563	563	the purchase by a qualified delivery method [certified mail, return
564	564	receipt requested], unless the court requires another form of
565	565	notice, to:
566	566	(1) each distributee of the estate; and
567	567	(2) each creditor whose claim remains unsettled after
568	568	being presented within six months of the date letters testamentary
569	569	or of administration are originally granted.
570	570	SECTION 34. Section 361.052(b), Estates Code, is amended to
571	571	read as follows:
572	572	(b) If a personal representative, as executor or
573	573	administrator, fails to timely file the affidavit or certificate
574	574	required by Section 308.004, the court, on the court's own motion,
575	575	may remove the personal representative after providing 30 days'
576	576	written notice to the personal representative to answer at a time
577	577	and place set in the notice, by a qualified delivery method
578	578	[certified mail, return receipt requested,] to:
579	579	(1) the representative's last known address; and
580	580	(2) the last known address of the representative's
581	581	attorney of record.
582	582	SECTION 35. Sections 362.005(b) and (c), Estates Code, are
583	583	amended to read as follows:
584	584	(b) Citation issued under Subsection (a) must:
585	585	(1) contain:
586	586	(A) a statement that an account for final
587	587	settlement has been presented;
588	588	(B) the time and place the court will consider
589	589	the account; and
590	590	(C) a statement requiring the person cited to
591	591	appear and contest the account, if the person wishes to contest the
592	592	account; and
593	593	(2) be given to each heir or distributee of the
594	594	decedent by a qualified delivery method [certified mail, return
595	595	receipt requested,] unless the court by written order directs
596	596	another method of service to be given.
597	597	(c) The personal representative shall also provide to each
598	598	person entitled to citation under Subsection (b) a copy of the
599	599	account for final settlement either by:
600	600	(1) a qualified delivery method [certified mail,
601	601	return receipt requested]; or
602	602	(2) electronic delivery, including facsimile or
603	603	e-mail.
604	604	SECTION 36. Section 403.056(a), Estates Code, is amended to
605	605	read as follows:
606	606	(a) Notice to the independent executor required by Sections
607	607	403.052 and 403.055 must be contained in:
608	608	(1) a written instrument that complies with Section
609	609	355.004 and is sent by a qualified delivery method [hand-delivered
610	610	with proof of receipt, or mailed by certified mail, return receipt
611	611	requested with proof of receipt,] to the independent executor or
612	612	the executor's attorney;
613	613	(2) a pleading filed in a lawsuit with respect to the
614	614	claim; or
615	615	(3) a written instrument that complies with Section
616	616	355.004 or a pleading filed in the court in which the administration
617	617	of the estate is pending.
618	618	SECTION 37. Section 404.0035(a), Estates Code, is amended
619	619	to read as follows:
620	620	(a) The probate court, on the court's own motion, may remove
621	621	an independent executor appointed under this subtitle after
622	622	providing 30 days' written notice of the court's intention to the
623	623	independent executor, requiring answering at a time and place set
624	624	in the notice, by a qualified delivery method [certified mail,
625	625	return receipt requested], to the independent executor's last known
626	626	address and to the last known address of the independent executor's
627	627	attorney of record, if the independent executor:
628	628	(1) neglects to qualify in the manner and time
629	629	required by law;
630	630	(2) fails to return, before the 91st day after the date
631	631	the independent executor qualifies, either an inventory of the
632	632	estate property and a list of claims that have come to the
633	633	independent executor's knowledge or an affidavit in lieu of the
634	634	inventory, appraisement, and list of claims, unless that deadline
635	635	is extended by court order; or
636	636	(3) fails to timely file the affidavit or certificate
637	637	required by Section 308.004.
638	638	SECTION 38. Section 452.006(a), Estates Code, is amended to
639	639	read as follows:
640	640	(a) On the date the county clerk issues letters of temporary
641	641	administration:
642	642	(1) the county clerk shall post on the courthouse door
643	643	a notice of the appointment to all interested persons; and
644	644	(2) the appointee shall notify, by a qualified
645	645	delivery method [certified mail, return receipt requested], the
646	646	decedent's known heirs of the appointment.
647	647	SECTION 39. Section 453.003(a), Estates Code, is amended to
648	648	read as follows:
649	649	(a) If there is no qualified executor or administrator of a
650	650	deceased spouse's estate, the surviving spouse, as the surviving
651	651	partner of the marital partnership, may:
652	652	(1) sue and be sued to recover community property;
653	653	(2) sell, mortgage, lease, and otherwise dispose of
654	654	community property to pay community debts, for which a portion of
655	655	community property is liable for payment;
656	656	(3) collect claims due to the community estate; and
657	657	(4) exercise other powers as necessary to:
658	658	(A) preserve the community property;
659	659	(B) discharge community obligations, for which a
660	660	portion of community property is liable for payment; and
661	661	(C) wind up community affairs.
662	662	SECTION 40. Section 453.006, Estates Code, is amended to
663	663	read as follows:
664	664	Sec. 453.006. ACCOUNT OF [COMMUNITY] DEBTS AND DISPOSITION
665	665	OF COMMUNITY PROPERTY. (a) The surviving spouse shall keep a fair
666	666	and full account and statement of:
667	667	(1) all [community] debts and expenses paid by the
668	668	surviving spouse; and
669	669	(2) the disposition made of the community property.
670	670	(b) The surviving spouse or personal representative shall
671	671	keep a separate, distinct account of all [community] debts allowed
672	672	or paid in the administration and settlement of an estate described
673	673	by Section 101.052 [Sections 101.052(a) and (b)].
674	674	SECTION 41. Section 453.007, Estates Code, is amended to
675	675	read as follows:
676	676	Sec. 453.007. DELIVERY OF COMMUNITY ESTATE ON FINAL
677	677	PARTITION. On final partition of the community estate, the
678	678	surviving spouse shall deliver to the deceased spouse's heirs or
679	679	devisees their interest in the estate, and the increase in and
680	680	profits of the interest, after deducting from the interest:
681	681	(1) the proportion of the [community] debts chargeable
682	682	to the interest;
683	683	(2) unavoidable losses;
684	684	(3) necessary and reasonable expenses; and
685	685	(4) a reasonable commission for the management of the
686	686	interest.
687	687	SECTION 42. The heading to Section 453.009, Estates Code,
688	688	is amended to read as follows:
689	689	Sec. 453.009. DISTRIBUTION OF POWERS BETWEEN PERSONAL
690	690	REPRESENTATIVE AND SURVIVING SPOUSE DURING ADMINISTRATION.
691	691	SECTION 43. Section 453.009(b), Estates Code, is amended to
692	692	read as follows:
693	693	(b) During administration of a deceased spouse's estate,
694	694	the [The] surviving spouse, as surviving partner of the marital
695	695	partnership, is entitled to:
696	696	(1) retain possession and control of the community
697	697	property that was legally under the sole management of the
698	698	surviving spouse during the marriage; and
699	699	(2) exercise over that property any power this chapter
700	700	authorizes the surviving spouse to exercise as if there is no
701	701	administration pending on the deceased spouse's estate.
702	702	SECTION 44. Section 501.003(b), Estates Code, is amended to
703	703	read as follows:
704	704	(b) For an application described by Section 501.002(b), a
705	705	citation shall be issued and served by a qualified delivery method
706	706	[registered or certified mail] on each devisee and heir identified
707	707	in the application.
708	708	SECTION 45. Section 505.005(a), Estates Code, is amended to
709	709	read as follows:
710	710	(a) On receipt of a notice or process described by Section
711	711	505.004(a)(2), the secretary of state shall promptly forward the
712	712	notice or process by a qualified delivery method [registered or
713	713	certified mail] to the officer, agent, or other person designated
714	714	by the foreign corporate fiduciary under Section 505.004 to receive
715	715	the notice or process.
716	716	SECTION 46. Section 505.101(a), Estates Code, is amended to
717	717	read as follows:
718	718	(a) On giving notice by a qualified delivery method
719	719	[registered or certified mail] to all creditors of a decedent in
720	720	this state who have filed a claim against the decedent's estate for
721	721	a debt due to the creditor, a foreign executor or administrator of a
722	722	person who was a nonresident at the time of death may maintain a
723	723	suit in this state for the recovery of debts due to the decedent.
724	724	SECTION 47. Section 551.005(b), Estates Code, is amended to
725	725	read as follows:
726	726	(b) The clerk of a court that orders an executor or
727	727	administrator to pay funds to the comptroller under Section 551.001
728	728	shall provide to the comptroller, by a qualified delivery method
729	729	[certified mail] or e-mail, a certified copy of the court order not
730	730	later than the fifth day after the date the order is issued.
731	731	SECTION 48. Sections 51.052(b), (c), (d), (e), (f), and
732	732	(g), 51.055(a), 51.056, 51.103(b), 56.002(b), 113.251(c), 202.051,
733	733	202.203, 305.001, 305.002, 305.003, 305.051, 305.052, 305.053,
734	734	305.055, 308.002(d), 308.051(a), 308.053(c) and (d), 308.054(a),
735	735	356.654(b), 361.052(b), 362.005(b) and (c), 403.056(a),
736	736	404.0035(a), 452.006(a), 501.003(b), 505.005(a), 505.101(a), and
737	737	551.005(b), Estates Code, as amended by this Act, apply only to an
738	738	action filed or proceeding commenced on or after the effective date
739	739	of this Act.
740	740	SECTION 49. The amendments of this Act to Sections 101.052,
741	741	202.005, 202.151(b) and (c), 251.053, 356.105(a), 453.003(a),
742	742	453.006, 453.007, and 453.009, Estates Code, are intended to
743	743	clarify rather than change existing law.
744	744	SECTION 50. Section 113.001, Estates Code, as amended by
745	745	this Act, applies to an account established before, on, or after the
746	746	effective date of this Act.
747	747	SECTION 51. Section 113.251(c), Estates Code, as amended by
748	748	this Act, applies only to multiple-party accounts created or
749	749	existing on or after the effective date of this Act.
750	750	SECTION 52. Section 202.056, Estates Code, as amended by
751	751	this Act, applies only to a proceeding to declare heirship
752	752	commenced on or after the effective date of this Act. A proceeding
753	753	to declare heirship commenced before that date is governed by the
754	754	law in effect on the date the proceeding was commenced, and the
755	755	former law is continued in effect for that purpose.
756	756	SECTION 53. Section 202.151(d), Estates Code, as added by
757	757	this Act, applies only to a proceeding to declare heirship
758	758	commenced on or after the effective date of this Act. A proceeding
759	759	to declare heirship commenced before that date is governed by the
760	760	law in effect on the date the proceeding was commenced, and the
761	761	former law is continued in effect for that purpose.
762	762	SECTION 54. Sections 258.002(d) and (e), Estates Code, as
763	763	added by this Act, apply only to an application for the probate of a
764	764	will filed on or after the effective date of this Act. An
765	765	application for the probate of a will filed before that date is
766	766	governed by the law in effect on the date the application was filed,
767	767	and the former law is continued in effect for that purpose.
768	768	SECTION 55. Section 304.003, Estates Code, as amended by
769	769	this Act, applies only to an application for letters testamentary
770	770	or for letters of administration filed on or after the effective
771	771	date of this Act. An application for letters testamentary or for
772	772	letters of administration filed before the effective date of this
773	773	Act is governed by the law in effect on the date the application was
774	774	filed, and the former law is continued in effect for that purpose.
775	775	SECTION 56. This Act takes effect September 1, 2023.
776	776	______________________________ ______________________________
777	777	President of the Senate Speaker of the House
778	778	I hereby certify that S.B. No. 1373 passed the Senate on
779	779	April 12, 2023, by the following vote: Yeas 31, Nays 0; and that
780	780	the Senate concurred in House amendments on May 11, 2023, by the
781	781	following vote: Yeas 30, Nays 0.
782	782	______________________________
783	783	Secretary of the Senate
784	784	I hereby certify that S.B. No. 1373 passed the House, with
785	785	amendments, on May 6, 2023, by the following vote: Yeas 132,
786	786	Nays 4, one present not voting.
787	787	______________________________
788	788	Chief Clerk of the House
789	789	Approved:
790	790	______________________________
791	791	Date
792	792	______________________________
793	793	Governor