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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of certain probate proceedings to the |
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county in which the executor or administrator of a decedent's |
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estate resides and to the jurisdiction of the transferee court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 33, Estates Code, is |
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amended by adding Section 33.1011 to read as follows: |
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Sec. 33.1011. TRANSFER TO COUNTY IN WHICH EXECUTOR OR |
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ADMINISTRATOR RESIDES. (a) In this section, "immediate family |
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member" means a person's parent, spouse, child, or sibling. |
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(b) After issuing letters testamentary or of administration |
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to the executor or administrator of an estate in a probate |
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proceeding, the court, on motion of the executor or administrator, |
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may order that the proceeding be transferred to another county in |
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this state in which the executor or administrator resides if no |
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immediate family member of the decedent resides in the same county |
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in which the decedent resided. |
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(c) The clerk of the court from which the probate proceeding |
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described by Subsection (b) is transferred shall transmit to the |
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court to which the proceeding is transferred: |
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(1) the original file in the proceeding; and |
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(2) a certified copy of the index. |
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(d) Notwithstanding the date of any transfer under this |
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section, the executor or administrator shall provide the notice |
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required by Section 308.051 in the county of the court that |
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originally issued the letters testamentary or of administration. |
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(e) Notwithstanding any other law, including Sections |
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33.003 and 34.001, the court to which the probate proceeding is |
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transferred does not have jurisdiction over any personal injury, |
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wrongful death, or survival action brought by or against the |
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personal representative or otherwise related to the transferred |
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proceeding. |
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SECTION 2. Section 33.1011, Estates Code, as added by this |
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Act, applies only to the estate of a decedent who dies on or after |
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the effective date of this Act. The estate of a decedent who dies |
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before the effective date of this Act is governed by the law in |
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effect on the date of the decedent's death, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |