| 1 | 1 | | By: Zaffirini S.B. No. 1839 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the delivery of records, including a will, in probate |
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| 9 | 9 | | proceedings transferred to other courts. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 33.105, Estates Code, is amended by |
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| 12 | 12 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (a) If a probate proceeding is transferred to a court in |
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| 15 | 15 | | another county under this chapter, the clerk of the transferring |
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| 16 | 16 | | court shall send to the clerk of the court to which the proceeding |
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| 17 | 17 | | is transferred: |
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| 18 | 18 | | (1) [,] using the electronic filing system established |
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| 19 | 19 | | under Section 72.031, Government Code: |
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| 20 | 20 | | (A) [(1)] a transfer certificate and index of |
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| 21 | 21 | | transferred documents; |
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| 22 | 22 | | (B) [(2)] a copy of each final order; |
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| 23 | 23 | | (C) [(3)] a copy of the order of transfer signed |
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| 24 | 24 | | by the transferring court; |
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| 25 | 25 | | (D) [(4)] a copy of the original papers filed in |
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| 26 | 26 | | the transferring court[, including a copy of any will]; |
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| 27 | 27 | | (E) [(5)] a copy of the transfer certificate and |
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| 28 | 28 | | index of transferred documents from each previous transfer; and |
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| 29 | 29 | | (F) [(6)] a bill of any costs accrued in the |
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| 30 | 30 | | transferring court; and |
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| 31 | 31 | | (2) by a qualified delivery method, the original will, |
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| 32 | 32 | | or the paper copy of the will offered under Section 256.156 to prove |
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| 33 | 33 | | a will that cannot be produced in court, as applicable. |
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| 34 | 34 | | (a-1) If applicable, the applicant who requested to |
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| 35 | 35 | | transfer a probate proceeding shall pay the cost of delivery under |
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| 36 | 36 | | Subsection (a)(2). |
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| 37 | 37 | | SECTION 2. Section 33.105, Estates Code, as amended by this |
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| 38 | 38 | | Act, applies to a proceeding that is pending or commenced on or |
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| 39 | 39 | | after the effective date of this Act. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2025. |
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