Texas 2025 - 89th Regular

Texas Senate Bill SB1335 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R8883 EAS-F
1	2		By: Zaffirini S.B. No. 1335
2		-	(In the Senate - Filed February 18, 2025;
3		-	February 28, 2025, read first time and referred to Committee on
4		-	Jurisprudence; April 10, 2025, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 5, Nays 0;
6		-	April 10, 2025, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1335 By: Hughes
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9	5
10	6
11	7		A BILL TO BE ENTITLED
12	8		AN ACT
13	9		relating to decedents' estates.
14	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	11		SECTION 1. Section 306.007, Estates Code, is amended to
16	12		read as follows:
17	13		Sec. 306.007. EFFECT OF LETTERS [OR CERTIFICATE]. Letters
18	14		testamentary or of administration issued under the court's seal by
19	15		[or a certificate of] the clerk of the court that granted the
20	16		letters are[, under the court's seal, indicating that the letters
21	17		have been issued, is] sufficient evidence of:
22	18		(1) the appointment and qualification of the personal
23	19		representative of an estate; and
24	20		(2) the date of qualification.
25	21		SECTION 2. Section 361.052, Estates Code, is amended by
26	22		amending Subsection (a) and adding Subsection (a-1) to read as
27	23		follows:
28	24		(a) The court may remove a personal representative as
29	25		provided by Subsection (a-1) [on the court's own motion, or on the
30	26		complaint of any interested person, after the representative has
31	27		been cited by personal service to answer at a time and place set in
32	28		the notice,] if:
33	29		(1) sufficient grounds appear to support a belief that
34	30		the representative has misapplied, embezzled, or removed from the
35	31		state, or is about to misapply, embezzle, or remove from the state,
36	32		all or part of the property entrusted to the representative's care;
37	33		(2) the representative fails to return any account
38	34		required by law to be made;
39	35		(3) the representative fails to obey a proper order of
40	36		the court that has jurisdiction with respect to the performance of
41	37		the representative's duties;
42	38		(4) the representative is proved to have been guilty
43	39		of gross misconduct, or mismanagement in the performance of the
44	40		representative's duties;
45	41		(5) the representative:
46	42		(A) becomes incapacitated;
47	43		(B) is sentenced to the penitentiary; or
48	44		(C) from any other cause, becomes incapable of
49	45		properly performing the duties of the representative's trust; or
50	46		(6) the representative, as executor or administrator,
51	47		fails to make a final settlement by the third anniversary of the
52	48		date letters testamentary or of administration are granted, unless
53	49		that period is extended by the court on a showing of sufficient
54	50		cause supported by oath.
55	51		(a-1) The court may remove a personal representative for a
56	52		reason described by Subsection (a) on:
57	53		(1) the court's own motion, after the personal
58		-	representative has been notified by ~~a qualified delivery method to~~
59		-	answer at a time and place set in the notice; or
	54	+	representative has been notified by certified mail, return receipt
	55	+	requested, to answer at a time and place set in the notice; or
60	56		(2) the complaint of an interested person, after the
61	57		personal representative has been cited by personal service to
62	58		answer at a time and place set in the notice.
63	59		SECTION 3. Section 362.012, Estates Code, is amended to
64	60		read as follows:
65	61		Sec. 362.012. DISCHARGE OF PERSONAL REPRESENTATIVE AND BOND
66	62		SURETIES WHEN NO ESTATE PROPERTY REMAINS; CANCELLATION OF LETTERS.
67	63		If, on final settlement of the estate, none of the estate remains in
68	64		the representative's possession, the [The] court shall enter an
69	65		order:
70	66		(1) discharging a personal representative from the
71	67		representative's trust;
72	68		(2) canceling the letters issued to the personal
73	69		representative;
74	70		(3) discharging and releasing the sureties on the
75	71		personal representative's bond, if applicable; and
76	72		(4) closing the estate [if, on final settlement of the
77	73		estate, none of the estate remains in the representative's
78	74		possession].
79	75		SECTION 4. Section 362.013, Estates Code, is amended to
80	76		read as follows:
81	77		Sec. 362.013. DISCHARGE OF PERSONAL REPRESENTATIVE AND BOND
82	78		SURETIES WHEN ESTATE FULLY ADMINISTERED; CANCELLATION OF LETTERS.
83		-	The court shall enter an order specifying the actions described by
84		-	Sections 362.012(1), (2), and (3) [discharging a personal
	79	+	(a) The court shall enter an order specifying the actions described
	80	+	by Sections 362.012(1), (2), and (3) [discharging a personal
85	81		representative from the representative's trust] and declaring the
86	82		estate closed when:
87	83		(1) the representative has fully administered the
88	84		estate in accordance with this title and the court's orders;
89	85		(2) the representative's account for final settlement
90	86		has been approved; and
91	87		(3) the representative has:
92	88		(A) delivered all of the estate remaining in the
93	89		representative's possession to the person or persons entitled to
94	90		receive that part of the estate; and
95	91		(B) with respect to the portion of the estate
96	92		distributable to an unknown or missing person, complied with an
97	93		order of the court under Section 362.011.
98	94		SECTION 5. Section 405.001(c), Estates Code, is amended to
99	95		read as follows:
100	96		(c) If all the property in the estate is ordered distributed
101	97		by the court and the estate is fully administered, the court may
102	98		also order the independent executor to file a final account with the
103	99		court and may enter an order closing the administration, canceling
104	100		the letters issued to the personal representative, and terminating
105	101		the power of the personal representative [independent executor] to
106	102		act as independent executor or independent administrator.
107	103		SECTION 6. Section 405.007(b), Estates Code, is amended to
108	104		read as follows:
109	105		(b) The closing of an independent administration by filing
110	106		of a closing report or notice of closing estate terminates the power
111	107		and authority of the independent executor, including the
112	108		independent administrator, and cancels the letters issued to the
113	109		personal representative, but does not relieve the independent
114	110		executor or administrator, as applicable, from liability for any
115	111		mismanagement of the estate or from liability for any false
116	112		statements contained in the report or notice.
117	113		SECTION 7. Section 405.009(a), Estates Code, is amended to
118	114		read as follows:
119	115		(a) At any time after an estate has been fully administered
120	116		and there is no further need for an independent administration of
121	117		the estate, any distributee may file an application to close the
122	118		administration; and, after citation on the independent
123	119		administrator or other independent executor, as applicable, and on
124	120		hearing, the court may enter an order:
125	121		(1) requiring the independent executor to file a
126	122		closing report meeting the requirements of Section 405.005;
127	123		(2) closing the administration;
128	124		(3) terminating the power of the personal
129	125		representative [independent executor] to act as independent
130	126		executor or administrator, as applicable, and canceling the letters
131	127		issued to the personal representative; and
132	128		(4) releasing the sureties on any bond the independent
133	129		executor, including the independent administrator, was required to
134	130		give from all liability for the future acts of the principal.
135	131		SECTION 8. Section 361.052, Estates Code, as amended by
136	132		this Act, applies only to a motion made by a court or a complaint
137	133		made by an interested person on or after the effective date of this
138	134		Act. A motion made by a court or a complaint made by an interested
139	135		person before the effective date of this Act is governed by the law
140	136		in effect on the date the motion or complaint was made, and the
141	137		former law is continued in effect for that purpose.
142	138		SECTION 9. This Act takes effect September 1, 2025.
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