Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 75(R)

SENATE BILL 506

SENATE AUTHOR: Harris

EFFECTIVE: 9-1-97

HOUSE SPONSOR: Thompson

            Senate Bill 506 amends the Texas Probate Code to delete the requirement that the social security number of the applicant and the decedent be included on an application for probate of a written will or on an application for letters of administration when no will exists. It authorizes a court to request additional identifying information from the applicant, including the applicant's or decedent's social security number. The act provides that a party to a will contest in which the mental or testamentary capacity of a decedent is part of the claim or defense is entitled to certain records.

            Senate Bill 506 requires that a will made before the termination of the testator's marriage be read as if the former spouse is deceased,authorizes the representative of an estate to abandon burdensome or worthless property, and sets forth specific requirements for a claim made by an unsecured creditor. In addition, it clarifies that a court finding default of a secured lien for which the creditor has applied for foreclosure has certain options relating to the sale of the secured property.

            The act also specifies that certain provisions of securities and multi-party accounts with financial institutions are nontestamentary and repeals the Uniform Transfer on Death Security Registration Act, as added by Senate Bill 504, Acts of the 75th Legislature, Regular Session, 1997.