By: Hughes S.B. No. 1448
A BILL TO BE ENTITLED
AN ACT
relating to decedents' estates and other matters involving probate
courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.105, Estates Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) If a probate proceeding is transferred to a court in
another county under this chapter, the clerk of the transferring
court shall send to the clerk of the court to which the proceeding
is transferred:
(1) [,] using the electronic filing system established
under Section 72.031, Government Code:
(A) [(1)] a transfer certificate and index of
transferred documents;
(B) [(2)] a copy of each final order;
(C) [(3)] a copy of the order of transfer signed
by the transferring court;
(D) [(4)] a copy of the original papers filed in
the transferring court[, including a copy of any will];
(E) [(5)] a copy of the transfer certificate and
index of transferred documents from each previous transfer; and
(F) [(6)] a bill of any costs accrued in the
transferring court; and
(2) by a qualified delivery method, the original will,
or the paper copy of the will offered under Section 256.156 to prove
a will that cannot be produced in court, as applicable.
(a-1) If applicable, the applicant who requested to
transfer a probate proceeding shall pay the cost of delivery under
Subsection (a)(2).
SECTION 2. Section 256.156, Estates Code, is amended by
adding Subsection (c) to read as follows:
(c) A copy of a will that cannot be produced in court that
includes a copy of a self-proving affidavit is sufficient to make
the will self-proved if the self-proving affidavit meets the form
and content requirements under Subchapter C, Chapter 251.
SECTION 3. Section 256.202, Estates Code, is amended to
read as follows:
Sec. 256.202. CUSTODY OF PROBATED WILL. An original will,
or a paper copy of a will proved under Section 256.156, and the
probate of the will shall be deposited in the office of the county
clerk of the county in which the will was probated. The will and
probate of the will shall remain in that office except during a time
the will and the probate of the will are removed for inspection to
another place on an order of the court where the will was probated.
If that court orders the original will to be removed to another
place for inspection:
(1) the person removing the will shall give a receipt
for the will;
(2) the court clerk shall make and retain a copy of the
will; and
(3) the will shall be delivered back to the office of
the county clerk of the county in which the will was probated after
the inspection is completed.
SECTION 4. Section 309.051(a), Estates Code, is amended to
read as follows:
(a) Except as provided by Subsection (c) or Section 309.056
or unless a longer period is granted by the court, before the 91st
day after the date the personal representative qualifies, the
representative shall prepare and file with the court clerk a single
written instrument that contains a verified, full, and detailed
inventory of all estate property that has come into the
representative's possession or of which the representative has
knowledge. The inventory must:
(1) include:
(A) all estate real property located in this
state; and
(B) all estate personal property regardless of
where the property is located; and
(2) state whether the decedent was married at the time
of the decedent's death, and if the decedent was married at the time
of the decedent's death, specify which portion of the property, if
any, is separate property and which, if any, is community property.
SECTION 5. Section 309.052, Estates Code, is amended to
read as follows:
Sec. 309.052. LIST OF CLAIMS. A complete list of claims due
or owing to the estate must be attached to the inventory and
appraisement required by Section 309.051. The list of claims must
state:
(1) the name and, if known, address of each person
indebted to the estate; and
(2) regarding each claim:
(A) the nature of the debt, whether by note,
bill, bond, or other written obligation, or by account or verbal
contract;
(B) the date the debt was incurred;
(C) the date the debt was or is due;
(D) the amount of the claim, the rate of interest
on the claim, and the period for which the claim bears interest; and
(E) whether the claim is separate property or
community property, if the decedent was married at the time of the
decedent's death.
SECTION 6. Section 354.001(b), Estates Code, is amended to
read as follows:
(b) On presentation of the personal representative's
account and application under Subsection (a), the court, with or
without notice or citation, may adjust, correct, settle, allow, or
disallow the account.
SECTION 7. Section 452.006(c), Estates Code, is amended to
read as follows:
(c) Not later than the seventh day after the date letters of
temporary administration are issued, the [The] appointee shall file
with the court proof of service of the notice required under
Subsection (a) in the manner provided by Section 51.103(b)(3).
SECTION 8. Section 453.003(a), Estates Code, is amended to
read as follows:
(a) If there is no qualified executor or administrator of a
deceased spouse's estate, the surviving spouse, as the surviving
partner of the marital partnership, may:
(1) sue and be sued to recover community property;
(2) sell, mortgage, lease, and otherwise dispose of
community property to pay [community] debts[,] for which a portion
of community property is liable for payment;
(3) collect claims due to the community estate; and
(4) exercise other powers as necessary to:
(A) preserve the community property;
(B) discharge [community] obligations[,] for
which a portion of community property is liable for payment; and
(C) wind up community affairs.
SECTION 9. Section 80.002(b), Government Code, is amended
to read as follows:
(b) In addition to any other delivery method required or
authorized by law or supreme court rule, a statutory county court,
statutory probate court, district court, or appellate court shall
deliver through the electronic filing system established under
Section 72.031 to all parties in each case in which the use of the
electronic filing system is required or authorized all court orders
the court enters for the case.
SECTION 10. Section 403.060, Estates Code, is repealed.
SECTION 11. The amendment by this Act of Sections 256.156,
354.001, and 453.003, Estates Code, is intended to clarify rather
than change existing law.
SECTION 12. Section 33.105, Estates Code, as amended by
this Act, applies to a proceeding that is pending or commenced on or
after the effective date of this Act.
SECTION 13. Section 256.202, Estates Code, as amended by
this Act, applies only to a proceeding commenced on or after the
effective date of this Act. A proceeding commenced before the
effective date of this Act is governed by the law in effect on the
date the proceeding was commenced, and the former law is continued
in effect for that purpose.
SECTION 14. Sections 309.051(a) and 309.052, Estates Code,
as amended by this Act, apply to the administration of the estate of
a decedent that is pending or commenced on or after the effective
date of this Act.
SECTION 15. Section 452.006(c), Estates Code, as amended by
this Act, applies only to a temporary administrator appointed on or
after the effective date of this Act. A temporary administrator
appointed before the effective date of this Act is governed by the
law in effect on the date the administrator was appointed, and the
former law is continued in effect for that purpose.
SECTION 16. This Act takes effect September 1, 2025.