SB1335 - Relating to decedents' estates.

      S.B. No. 1335         AN ACT   relating to decedents' estates.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 306.007, Estates Code, is amended to   read as follows:          Sec. 306.007.  EFFECT OF LETTERS [ OR CERTIFICATE ]. Letters   testamentary or of administration issued under the court's seal by   [ or a certificate of ] the clerk of the court that granted the   letters are [ , under the court's seal, indicating that the letters   have been issued, is ] sufficient evidence of:                (1)  the appointment and qualification of the personal   representative of an estate; and                (2)  the date of qualification.          SECTION 2.  Section 361.052, Estates Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  The court may remove a personal representative as   provided by Subsection (a-1) [ on the court's own motion, or on the   complaint of any interested person, after the representative has   been cited by personal service to answer at a time and place set in   the notice, ] if:                (1)  sufficient grounds appear to support a belief that   the representative has misapplied, embezzled, or removed from the   state, or is about to misapply, embezzle, or remove from the state,   all or part of the property entrusted to the representative's care;                (2)  the representative fails to return any account   required by law to be made;                (3)  the representative fails to obey a proper order of   the court that has jurisdiction with respect to the performance of   the representative's duties;                (4)  the representative is proved to have been guilty   of gross misconduct, or mismanagement in the performance of the   representative's duties;                (5)  the representative:                      (A)  becomes incapacitated;                      (B)  is sentenced to the penitentiary; or                      (C)  from any other cause, becomes incapable of   properly performing the duties of the representative's trust; or                (6)  the representative, as executor or administrator,   fails to make a final settlement by the third anniversary of the   date letters testamentary or of administration are granted, unless   that period is extended by the court on a showing of sufficient   cause supported by oath.           (a-1)     The court may remove a personal representative for a   reason described by Subsection (a) on:                 (1)     the court's own motion, after the personal   representative has been notified by a qualified delivery method to   answer at a time and place set in the notice; or                 (2)     the complaint of an interested person, after the   personal representative has been cited by personal service to   answer at a time and place set in the notice.          SECTION 3.  Section 362.012, Estates Code, is amended to   read as follows:          Sec. 362.012.  DISCHARGE OF PERSONAL REPRESENTATIVE AND BOND   SURETIES WHEN NO ESTATE PROPERTY REMAINS ; CANCELLATION OF LETTERS .   If, on final settlement of the estate, none of the estate remains in   the representative's possession, the [ The ] court shall enter an   order :                 (1)   discharging a personal representative from the   representative's trust ;                 (2)     canceling the letters issued to the personal   representative;                 (3)     discharging and releasing the sureties on the   personal representative's bond, if applicable; and                 (4)   closing the estate [ if, on final settlement of the   estate, none of the estate remains in the representative's   possession ].          SECTION 4.  Section 362.013, Estates Code, is amended to   read as follows:          Sec. 362.013.  DISCHARGE OF PERSONAL REPRESENTATIVE AND BOND   SURETIES WHEN ESTATE FULLY ADMINISTERED ; CANCELLATION OF LETTERS .   The court shall enter an order specifying the actions described by   Sections 362.012(1), (2), and (3) [ discharging a personal   representative from the representative's trust ] and declaring the   estate closed when:                (1)  the representative has fully administered the   estate in accordance with this title and the court's orders;                (2)  the representative's account for final settlement   has been approved; and                (3)  the representative has:                      (A)  delivered all of the estate remaining in the   representative's possession to the person or persons entitled to   receive that part of the estate; and                      (B)  with respect to the portion of the estate   distributable to an unknown or missing person, complied with an   order of the court under Section 362.011.          SECTION 5.  Section 405.001(c), Estates Code, is amended to   read as follows:          (c)  If all the property in the estate is ordered distributed   by the court and the estate is fully administered, the court may   also order the independent executor to file a final account with the   court and may enter an order closing the administration , canceling   the letters issued to the personal representative, and terminating   the power of the personal representative [ independent executor ] to   act as independent executor or independent administrator .          SECTION 6.  Section 405.007(b), Estates Code, is amended to   read as follows:          (b)  The closing of an independent administration by filing   of a closing report or notice of closing estate terminates the power   and authority of the independent executor , including the   independent administrator, and cancels the letters issued to the   personal representative , but does not relieve the independent   executor or administrator, as applicable, from liability for any   mismanagement of the estate or from liability for any false   statements contained in the report or notice.          SECTION 7.  Section 405.009(a), Estates Code, is amended to   read as follows:          (a)  At any time after an estate has been fully administered   and there is no further need for an independent administration of   the estate, any distributee may file an application to close the   administration; and, after citation on the independent   administrator or other independent executor , as applicable , and on   hearing, the court may enter an order:                (1)  requiring the independent executor to file a   closing report meeting the requirements of Section 405.005;                (2)  closing the administration;                (3)  terminating the power of the personal   representative [ independent executor ] to act as independent   executor or administrator, as applicable, and canceling the letters   issued to the personal representative ; and                (4)  releasing the sureties on any bond the independent   executor , including the independent administrator, was required to   give from all liability for the future acts of the principal.          SECTION 8.  Section 361.052, Estates Code, as amended by   this Act, applies only to a motion made by a court or a complaint   made by an interested person on or after the effective date of this   Act. A motion made by a court or a complaint made by an interested   person before the effective date of this Act is governed by the law   in effect on the date the motion or complaint was made, and the   former law is continued in effect for that purpose.          SECTION 9.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1335 passed the Senate on   April 24, 2025, by the following vote:  Yeas 30, Nays 1.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1335 passed the House on   May 28, 2025, by the following vote:  Yeas 140, Nays 0, two   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor