SB1448 - Relating to decedents' estates and other matters involving probate courts.

      S.B. No. 1448         AN ACT   relating to decedents' estates and other matters involving probate   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.  Subchapter B, Chapter 51, Estates Code, is   amended by adding Section 51.057 to read as follows:           Sec.   51.057.     SERVICE REGARDING CERTAIN DECEASED PERSONS.   (a)   Except as provided by Subsection (b), if a citation or notice   is required to be served in a probate proceeding on a person who is   now deceased but survived the decedent who is the subject of the   proceeding, the citation or notice must be served on one of the   following:                 (1)     the personal representative of the deceased   person's estate, as provided by Section 51.056; or                 (2)     each distributee of the deceased person's estate,   if:                       (A)     the personal representative has been   discharged;                       (B)     the independent executor has filed a closing   report or a notice of closing of the estate; or                       (C)     there is no administration of the estate   ordered by a court, including if:                             (i)     the deceased person's will was admitted   to probate as a muniment of title;                             (ii)     the court finds there is no necessity   for administration in a judgment in a proceeding declaring heirship   under Chapter 202; or                               (iii)     the court approves a small estate   affidavit under Chapter 205.           (b)     If there is no court order determining the distributees   of the estate of the deceased person who survived the decedent or no   personal representative of the deceased person's estate has been   appointed, the citation or notice must be served on the unknown   distributees of the estate by publication in the county in which the   probate proceeding described by Subsection (a) is pending and, if   known, the county of the last residence of the deceased person, if   that residence was in a county other than the county in which the   probate proceeding is pending.           (c)     If service by publication is required by Subsection (b),   the court may appoint an attorney ad litem to represent the   interests of the distributees of the deceased person's estate,   whether known or unknown.          SECTION 3.  Section 256.156, Estates Code, is amended by   adding Subsection (c) to read as follows:           (c)     A copy of a will that cannot be produced in court that   includes a copy of a self-proving affidavit is sufficient to make   the will self-proved if the self-proving affidavit meets the form   and content requirements under Subchapter C, Chapter 251.          SECTION 4.  Section 256.202, Estates Code, is amended to   read as follows:          Sec. 256.202.  CUSTODY OF PROBATED WILL.  An original will ,   or a paper copy of a will proved under Section 256.156,  and the   probate of the will shall be deposited in the office of the county   clerk of the county in which the will was probated.  The will and   probate of the will shall remain in that office except during a time   the will and the probate of the will are removed for inspection to   another place on an order of the court where the will was probated.     If that court orders the original will to be removed to another   place for inspection:                (1)  the person removing the will shall give a receipt   for the will;                (2)  the court clerk shall make and retain a copy of the   will; and                (3)  the will shall be delivered back to the office of   the county clerk of the county in which the will was probated after   the inspection is completed.          SECTION 5.  Section 309.051(a), Estates Code, is amended to   read as follows:          (a)  Except as provided by Subsection (c) or Section 309.056   or unless a longer period is granted by the court, before the 91st   day after the date the personal representative qualifies, the   representative shall prepare and file with the court clerk a single   written instrument that contains a verified, full, and detailed   inventory of all estate property that has come into the   representative's possession or of which the representative has   knowledge.  The inventory must:                (1)  include:                      (A)  all estate real property located in this   state; and                      (B)  all estate personal property regardless of   where the property is located; and                (2)   state whether the decedent was married at the time   of the decedent's death, and if the decedent was married at the time   of the decedent's death,  specify which portion of the property, if   any, is separate property and which, if any, is community property.          SECTION 6.  Section 309.052, Estates Code, is amended to   read as follows:          Sec. 309.052.  LIST OF CLAIMS.  A complete list of claims due   or owing to the estate must be attached to the inventory and   appraisement required by Section 309.051.  The list of claims must   state:                (1)  the name and, if known, address of each person   indebted to the estate; and                (2)  regarding each claim:                      (A)  the nature of the debt, whether by note,   bill, bond, or other written obligation, or by account or verbal   contract;                      (B)  the date the debt was incurred;                      (C)  the date the debt was or is due;                      (D)  the amount of the claim, the rate of interest   on the claim, and the period for which the claim bears interest; and                      (E)  whether the claim is separate property or   community property , if the decedent was married at the time of the   decedent's death .          SECTION 7.  Section 354.001(b), Estates Code, is amended to   read as follows:          (b)  On presentation of the personal representative's   account and application under Subsection (a), the court, with or   without notice or citation , may adjust, correct, settle, allow, or   disallow the account.          SECTION 8.  Section 452.006(c), Estates Code, is amended to   read as follows:          (c)   Not later than the seventh day after the date letters of   temporary administration are issued, the [ The ] appointee shall file   with the court proof of service of the notice required under   Subsection (a) in the manner provided by Section 51.103(b)(3).          SECTION 9.  Section 453.003(a), Estates Code, is amended to   read as follows:          (a)  If there is no qualified executor or administrator of a   deceased spouse's estate, the surviving spouse, as the surviving   partner of the marital partnership, may:                (1)  sue and be sued to recover community property;                (2)  sell, mortgage, lease, and otherwise dispose of   community property to pay [ community ] debts[ , ] for which a portion   of community property is liable for payment;                (3)  collect claims due to the community estate; and                (4)  exercise other powers as necessary to:                      (A)  preserve the community property;                      (B)  discharge [ community ] obligations[ , ] for   which a portion of community property is liable for payment; and                      (C)  wind up community affairs.          SECTION 10.  Section 80.002(b), Government Code, is amended   to read as follows:          (b)  In addition to any other delivery method required or   authorized by law or supreme court rule, a statutory county court,   statutory probate court,  district court, or appellate court shall   deliver through the electronic filing system established under   Section 72.031 to all parties in each case in which the use of the   electronic filing system is required or authorized all court orders [Text truncated for display. 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