BILL ANALYSIS Senate Research Center C.S.S.B. 1839 89R21302 EAS-F By: Zaffirini Jurisprudence 3/26/2025 Committee Report (Substituted) 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. (Original Author's/Sponsor's Statement of Intent) C.S.S.B. 1839 amends current law relating to the delivery of records, including 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 amending Subsection (a) and adding Subsection (a-1), as follows: (a) Requires the clerk of transferring court, if a probate proceeding is transferred to a court in another county under Chapter 33 (Venue), to 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)-(C) redesignates existing Subdivisions (1)-(3) as Paragraphs (A)-(C) and makes no further changes; (D) a copy of the original papers filed in the transferring court, rather than a copy of the original papers filed in the transferring court including a copy of any will; and (E)-(F) redesignates existing Subdivisions (5)-(6) as Paragraphs (E)-(F) and makes a nonsubstantive change; and (2) by a qualified delivery method, 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. Makes nonsubstantive changes to this subsection. (a-1) Requires the applicant who requested to transfer a probate proceeding, if applicable, to pay the cost of delivery under Subsection (a)(2). SECTION 2. Makes application of Section 33.105, Estates Code, as amended by this Act, prospective. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 1839
89R21302 EAS-F By: Zaffirini
Jurisprudence
3/26/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 1839
89R21302 EAS-F
By: Zaffirini
Jurisprudence
3/26/2025
Committee Report (Substituted)
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.
(Original Author's/Sponsor's Statement of Intent)
C.S.S.B. 1839 amends current law relating to the delivery of records, including 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 amending Subsection (a) and adding Subsection (a-1), as follows:
(a) Requires the clerk of transferring court, if a probate proceeding is transferred to a court in another county under Chapter 33 (Venue), to 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)-(C) redesignates existing Subdivisions (1)-(3) as Paragraphs (A)-(C) and makes no further changes;
(D) a copy of the original papers filed in the transferring court, rather than a copy of the original papers filed in the transferring court including a copy of any will; and
(E)-(F) redesignates existing Subdivisions (5)-(6) as Paragraphs (E)-(F) and makes a nonsubstantive change; and
(2) by a qualified delivery method, 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.
Makes nonsubstantive changes to this subsection.
(a-1) Requires the applicant who requested to transfer a probate proceeding, if applicable, to pay the cost of delivery under Subsection (a)(2).
SECTION 2. Makes application of Section 33.105, Estates Code, as amended by this Act, prospective.
SECTION 3. Effective date: September 1, 2025.