Texas 2025 - 89th Regular

Texas Senate Bill SB1448 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hughes S.B. No. 1448
2		-
3		-
	2	+	(In the Senate - Filed February 19, 2025; March 6, 2025,
	3	+	read first time and referred to Committee on Jurisprudence;
	4	+	March 24, 2025, reported favorably by the following vote: Yeas 5,
	5	+	Nays 0; March 24, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to decedents' estates and other matters involving probate
9	12		courts.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Section 33.105, Estates Code, is amended by
12	15		amending Subsection (a) and adding Subsection (a-1) to read as
13	16		follows:
14	17		(a) If a probate proceeding is transferred to a court in
15	18		another county under this chapter, the clerk of the transferring
16	19		court shall send to the clerk of the court to which the proceeding
17	20		is transferred:
18	21		(1) [,] using the electronic filing system established
19	22		under Section 72.031, Government Code:
20	23		(A) [(1)] a transfer certificate and index of
21	24		transferred documents;
22	25		(B) [(2)] a copy of each final order;
23	26		(C) [(3)] a copy of the order of transfer signed
24	27		by the transferring court;
25	28		(D) [(4)] a copy of the original papers filed in
26	29		the transferring court[, including a copy of any will];
27	30		(E) [(5)] a copy of the transfer certificate and
28	31		index of transferred documents from each previous transfer; and
29	32		(F) [(6)] a bill of any costs accrued in the
30	33		transferring court; and
31	34		(2) by a qualified delivery method, the original will,
32	35		or the paper copy of the will offered under Section 256.156 to prove
33	36		a will that cannot be produced in court, as applicable.
34	37		(a-1) If applicable, the applicant who requested to
35	38		transfer a probate proceeding shall pay the cost of delivery under
36	39		Subsection (a)(2).
37	40		SECTION 2. Section 256.156, Estates Code, is amended by
38	41		adding Subsection (c) to read as follows:
39	42		(c) A copy of a will that cannot be produced in court that
40	43		includes a copy of a self-proving affidavit is sufficient to make
41	44		the will self-proved if the self-proving affidavit meets the form
42	45		and content requirements under Subchapter C, Chapter 251.
43	46		SECTION 3. Section 256.202, Estates Code, is amended to
44	47		read as follows:
45	48		Sec. 256.202. CUSTODY OF PROBATED WILL. An original will,
46	49		or a paper copy of a will proved under Section 256.156, and the
47	50		probate of the will shall be deposited in the office of the county
48	51		clerk of the county in which the will was probated. The will and
49	52		probate of the will shall remain in that office except during a time
50	53		the will and the probate of the will are removed for inspection to
51	54		another place on an order of the court where the will was probated.
52	55		If that court orders the original will to be removed to another
53	56		place for inspection:
54	57		(1) the person removing the will shall give a receipt
55	58		for the will;
56	59		(2) the court clerk shall make and retain a copy of the
57	60		will; and
58	61		(3) the will shall be delivered back to the office of
59	62		the county clerk of the county in which the will was probated after
60	63		the inspection is completed.
61	64		SECTION 4. Section 309.051(a), Estates Code, is amended to
62	65		read as follows:
63	66		(a) Except as provided by Subsection (c) or Section 309.056
64	67		or unless a longer period is granted by the court, before the 91st
65	68		day after the date the personal representative qualifies, the
66	69		representative shall prepare and file with the court clerk a single
67	70		written instrument that contains a verified, full, and detailed
68	71		inventory of all estate property that has come into the
69	72		representative's possession or of which the representative has
70	73		knowledge. The inventory must:
71	74		(1) include:
72	75		(A) all estate real property located in this
73	76		state; and
74	77		(B) all estate personal property regardless of
75	78		where the property is located; and
76	79		(2) state whether the decedent was married at the time
77	80		of the decedent's death, and if the decedent was married at the time
78	81		of the decedent's death, specify which portion of the property, if
79	82		any, is separate property and which, if any, is community property.
80	83		SECTION 5. Section 309.052, Estates Code, is amended to
81	84		read as follows:
82	85		Sec. 309.052. LIST OF CLAIMS. A complete list of claims due
83	86		or owing to the estate must be attached to the inventory and
84	87		appraisement required by Section 309.051. The list of claims must
85	88		state:
86	89		(1) the name and, if known, address of each person
87	90		indebted to the estate; and
88	91		(2) regarding each claim:
89	92		(A) the nature of the debt, whether by note,
90	93		bill, bond, or other written obligation, or by account or verbal
91	94		contract;
92	95		(B) the date the debt was incurred;
93	96		(C) the date the debt was or is due;
94	97		(D) the amount of the claim, the rate of interest
95	98		on the claim, and the period for which the claim bears interest; and
96	99		(E) whether the claim is separate property or
97	100		community property, if the decedent was married at the time of the
98	101		decedent's death.
99	102		SECTION 6. Section 354.001(b), Estates Code, is amended to
100	103		read as follows:
101	104		(b) On presentation of the personal representative's
102	105		account and application under Subsection (a), the court, with or
103	106		without notice or citation, may adjust, correct, settle, allow, or
104	107		disallow the account.
105	108		SECTION 7. Section 452.006(c), Estates Code, is amended to
106	109		read as follows:
107	110		(c) Not later than the seventh day after the date letters of
108	111		temporary administration are issued, the [The] appointee shall file
109	112		with the court proof of service of the notice required under
110	113		Subsection (a) in the manner provided by Section 51.103(b)(3).
111	114		SECTION 8. Section 453.003(a), Estates Code, is amended to
112	115		read as follows:
113	116		(a) If there is no qualified executor or administrator of a
114	117		deceased spouse's estate, the surviving spouse, as the surviving
115	118		partner of the marital partnership, may:
116	119		(1) sue and be sued to recover community property;
117	120		(2) sell, mortgage, lease, and otherwise dispose of
118	121		community property to pay [community] debts[,] for which a portion
119	122		of community property is liable for payment;
120	123		(3) collect claims due to the community estate; and
121	124		(4) exercise other powers as necessary to:
122	125		(A) preserve the community property;
123	126		(B) discharge [community] obligations[,] for
124	127		which a portion of community property is liable for payment; and
125	128		(C) wind up community affairs.
126	129		SECTION 9. Section 80.002(b), Government Code, is amended
127	130		to read as follows:
128	131		(b) In addition to any other delivery method required or
129	132		authorized by law or supreme court rule, a statutory county court,
130	133		statutory probate court, district court, or appellate court shall
131	134		deliver through the electronic filing system established under
132	135		Section 72.031 to all parties in each case in which the use of the
133	136		electronic filing system is required or authorized all court orders
134	137		the court enters for the case.
135	138		SECTION 10. Section 403.060, Estates Code, is repealed.
136	139		SECTION 11. The amendment by this Act of Sections 256.156,
137	140		354.001, and 453.003, Estates Code, is intended to clarify rather
138	141		than change existing law.
139	142		SECTION 12. Section 33.105, Estates Code, as amended by
140	143		this Act, applies to a proceeding that is pending or commenced on or
141	144		after the effective date of this Act.
142	145		SECTION 13. Section 256.202, Estates Code, as amended by
143	146		this Act, applies only to a proceeding commenced on or after the
144	147		effective date of this Act. A proceeding commenced before the
145	148		effective date of this Act is governed by the law in effect on the
146	149		date the proceeding was commenced, and the former law is continued
147	150		in effect for that purpose.
148	151		SECTION 14. Sections 309.051(a) and 309.052, Estates Code,
149	152		as amended by this Act, apply to the administration of the estate of
150	153		a decedent that is pending or commenced on or after the effective
151	154		date of this Act.
152	155		SECTION 15. Section 452.006(c), Estates Code, as amended by
153	156		this Act, applies only to a temporary administrator appointed on or
154	157		after the effective date of this Act. A temporary administrator
155	158		appointed before the effective date of this Act is governed by the
156	159		law in effect on the date the administrator was appointed, and the
157	160		former law is continued in effect for that purpose.
158	161		SECTION 16. This Act takes effect September 1, 2025.
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