By: Zaffirini S.B. No. 1839
A BILL TO BE ENTITLED
AN ACT
relating to the delivery of records, including a will, in probate
proceedings transferred to other 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 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 3. This Act takes effect September 1, 2025.