BILL ANALYSIS Senate Research Center S.B. 1839 89R9355 BCH-F By: Zaffirini Jurisprudence 3/24/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In 2023 S.B. 1612 and H.B. 3474 established a process for transferring probate proceeding records between county courts in Texas. These bills allow for the transfer of a will or a copy of a will through the electronic filing system. While electronic copies can facilitate transfers, they also can create issues with authenticity and the potential for tampering or loss of crucial documents. S.B. 1839 would require the original will or a paper copy that cannot be produced in court to be sent to the transferee court using a trackable delivery method, such as registered or certified mail, common or contract carriers, or designated delivery services with proof of receipt. The requesting party would cover the delivery cost. This change would ensure secure transfers and prevent tampering. As proposed, S.B. 1839 amends current law relating to the delivery of a will in probate proceedings transferred to other courts. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 33.105, Estates Code, by adding Subsections (h) and (i), as follows: (h) Requires the clerk of the transferring court to deliver the original will, or the paper copy of the will offered under Section 256.156 (Proof of Will not Produced in Court) to prove a will that cannot be produced in court, as applicable, to the clerk of the transferee court by registered or certified mail, return receipt requested; common or contract carrier, with proof of delivery receipt; or designated delivery service, as defined by 26 U.S.C. Section 7502(f)(2), with proof of delivery receipt. (i) Requires the party requesting the transfer to pay the cost of delivery under Subsection (h). SECTION 2. Makes application of Sections 33.105(h) and (i), Estates Code, as added by this Act, prospective. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1839
89R9355 BCH-F By: Zaffirini
Jurisprudence
3/24/2025
As Filed
Senate Research Center
S.B. 1839
89R9355 BCH-F
By: Zaffirini
Jurisprudence
3/24/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In 2023 S.B. 1612 and H.B. 3474 established a process for transferring probate proceeding records between county courts in Texas. These bills allow for the transfer of a will or a copy of a will through the electronic filing system. While electronic copies can facilitate transfers, they also can create issues with authenticity and the potential for tampering or loss of crucial documents.
S.B. 1839 would require the original will or a paper copy that cannot be produced in court to be sent to the transferee court using a trackable delivery method, such as registered or certified mail, common or contract carriers, or designated delivery services with proof of receipt. The requesting party would cover the delivery cost. This change would ensure secure transfers and prevent tampering.
As proposed, S.B. 1839 amends current law relating to the delivery of a will in probate proceedings transferred to other courts.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 33.105, Estates Code, by adding Subsections (h) and (i), as follows:
(h) Requires the clerk of the transferring court to deliver the original will, or the paper copy of the will offered under Section 256.156 (Proof of Will not Produced in Court) to prove a will that cannot be produced in court, as applicable, to the clerk of the transferee court by registered or certified mail, return receipt requested; common or contract carrier, with proof of delivery receipt; or designated delivery service, as defined by 26 U.S.C. Section 7502(f)(2), with proof of delivery receipt.
(i) Requires the party requesting the transfer to pay the cost of delivery under Subsection (h).
SECTION 2. Makes application of Sections 33.105(h) and (i), Estates Code, as added by this Act, prospective.
SECTION 3. Effective date: September 1, 2025.