Texas 2023 - 88th Regular

Texas Senate Bill SB2249 Compare Versions

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Version 2 (New)

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1	1	88R9707 EAS-F
2	2	By: Zaffirini S.B. No. 2249
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to decedents' estates.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 306.007, Estates Code, is amended to
10	10	read as follows:
11	11	Sec. 306.007. EFFECT OF LETTERS [OR CERTIFICATE]. Letters
12	12	testamentary or of administration issued under the court's seal by
13	13	[or a certificate of] the clerk of the court that granted the
14	14	letters are[, under the court's seal, indicating that the letters
15	15	have been issued, is] sufficient evidence of:
16	16	(1) the appointment and qualification of the personal
17	17	representative of an estate; and
18	18	(2) the date of qualification.
19	19	SECTION 2. Section 361.052, Estates Code, is amended by
20	20	amending Subsection (a) and adding Subsection (a-1) to read as
21	21	follows:
22	22	(a) The court may remove a personal representative as
23	23	provided by Subsection (a-1) [on the court's own motion, or on the
24	24	complaint of any interested person, after the representative has
25	25	been cited by personal service to answer at a time and place set in
26	26	the notice,] if:
27	27	(1) sufficient grounds appear to support a belief that
28	28	the representative has misapplied, embezzled, or removed from the
29	29	state, or is about to misapply, embezzle, or remove from the state,
30	30	all or part of the property entrusted to the representative's care;
31	31	(2) the representative fails to return any account
32	32	required by law to be made;
33	33	(3) the representative fails to obey a proper order of
34	34	the court that has jurisdiction with respect to the performance of
35	35	the representative's duties;
36	36	(4) the representative is proved to have been guilty
37	37	of gross misconduct, or mismanagement in the performance of the
38	38	representative's duties;
39	39	(5) the representative:
40	40	(A) becomes incapacitated;
41	41	(B) is sentenced to the penitentiary; or
42	42	(C) from any other cause, becomes incapable of
43	43	properly performing the duties of the representative's trust; or
44	44	(6) the representative, as executor or administrator,
45	45	fails to make a final settlement by the third anniversary of the
46	46	date letters testamentary or of administration are granted, unless
47	47	that period is extended by the court on a showing of sufficient
48	48	cause supported by oath.
49	49	(a-1) The court may remove a personal representative for a
50	50	reason described by Subsection (a) on:
51	51	(1) the court's own motion, after the personal
52	52	representative has been notified by certified mail, return receipt
53	53	requested, to answer at a time and place set in the notice; or
54	54	(2) the complaint of an interested person, after the
55	55	personal representative has been cited by personal service to
56	56	answer at a time and place set in the notice.
57	57	SECTION 3. Section 362.012, Estates Code, is amended to
58	58	read as follows:
59	59	Sec. 362.012. DISCHARGE OF PERSONAL REPRESENTATIVE AND BOND
60	60	SURETIES WHEN NO ESTATE PROPERTY REMAINS; CANCELLATION OF LETTERS.
61	61	If, on final settlement of the estate, none of the estate remains in
62	62	the representative's possession, the [The] court shall enter an
63	63	order:
64	64	(1) discharging a personal representative from the
65	65	representative's trust;
66	66	(2) canceling the letters issued to the personal
67	67	representative;
68	68	(3) discharging and releasing the sureties on the
69	69	personal representative's bond, if applicable; and
70	70	(4) closing the estate [if, on final settlement of the
71	71	estate, none of the estate remains in the representative's
72	72	possession].
73	73	SECTION 4. Section 362.013, Estates Code, is amended to
74	74	read as follows:
75	75	Sec. 362.013. DISCHARGE OF PERSONAL REPRESENTATIVE AND BOND
76	76	SURETIES WHEN ESTATE FULLY ADMINISTERED; CANCELLATION OF LETTERS.
77	77	(a) The court shall enter an order specifying the actions described
78	78	by Sections 362.012(1), (2), and (3) [discharging a personal
79	79	representative from the representative's trust] and declaring the
80	80	estate closed when:
81	81	(1) the representative has fully administered the
82	82	estate in accordance with this title and the court's orders;
83	83	(2) the representative's account for final settlement
84	84	has been approved; and
85	85	(3) the representative has:
86	86	(A) delivered all of the estate remaining in the
87	87	representative's possession to the person or persons entitled to
88	88	receive that part of the estate; and
89	89	(B) with respect to the portion of the estate
90	90	distributable to an unknown or missing person, complied with an
91	91	order of the court under Section 362.011.
92	92	SECTION 5. Section 405.001(c), Estates Code, is amended to
93	93	read as follows:
94	94	(c) If all the property in the estate is ordered distributed
95	95	by the court and the estate is fully administered, the court may
96	96	also order the independent executor to file a final account with the
97	97	court and may enter an order closing the administration, canceling
98	98	the letters issued to the personal representative, and terminating
99	99	the power of the personal representative [independent executor] to
100	100	act as independent executor or independent administrator.
101	101	SECTION 6. Section 405.007(b), Estates Code, is amended to
102	102	read as follows:
103	103	(b) The closing of an independent administration by filing
104	104	of a closing report or notice of closing estate terminates the power
105	105	and authority of the independent executor, including the
106	106	independent administrator, and cancels the letters issued to the
107	107	personal representative, but does not relieve the independent
108	108	executor or administrator, as applicable, from liability for any
109	109	mismanagement of the estate or from liability for any false
110	110	statements contained in the report or notice.
111	111	SECTION 7. Section 405.009(a), Estates Code, is amended to
112	112	read as follows:
113	113	(a) At any time after an estate has been fully administered
114	114	and there is no further need for an independent administration of
115	115	the estate, any distributee may file an application to close the
116	116	administration; and, after citation on the independent
117	117	administrator or other independent executor, as applicable, and on
118	118	hearing, the court may enter an order:
119	119	(1) requiring the independent executor to file a
120	120	closing report meeting the requirements of Section 405.005;
121	121	(2) closing the administration;
122	122	(3) terminating the power of the personal
123	123	representative [independent executor] to act as independent
124	124	executor or administrator, as applicable, and canceling the letters
125	125	issued to the personal representative; and
126	126	(4) releasing the sureties on any bond the independent
127	127	executor, including the independent administrator, was required to
128	128	give from all liability for the future acts of the principal.
129	129	SECTION 8. Section 361.052, Estates Code, as amended by
130	130	this Act, applies only to a motion made by a court or a complaint
131	131	made by an interested person on or after the effective date of this
132	132	Act. A motion made by a court or a complaint made by an interested
133	133	person before the effective date of this Act is governed by the law
134	134	in effect on the date the motion or complaint was made, and the
135	135	former law is continued in effect for that purpose.
136	136	SECTION 9. This Act takes effect September 1, 2023.