By:  Thompson, S.                                     H.B. No. 1148
       73R2250 NSC-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the informal probate of wills, informal distribution of
    1-3  estates, the emergency payment of burial expenses, and the
    1-4  protection of a decedent's personal property.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  The Texas Probate Code is amended by adding
    1-7  Chapter XII to read as follows:
    1-8                    CHAPTER XII.  INFORMAL PROBATE
    1-9    PART 1.  INFORMAL PROBATE WITH AND WITHOUT ISSUANCE OF LETTERS
   1-10        Sec. 501.  TIME TO FILE APPLICATION FOR INFORMAL PROBATE.
   1-11  (a)  An applicant may file an application for the informal probate
   1-12  of a will with the court clerk not earlier than the 30th day after
   1-13  the date of the testator's death.
   1-14        (b)  A will may not be admitted for informal probate after
   1-15  the fourth anniversary of the date of the testator's death unless
   1-16  the applicant shows that the applicant was not aware of the will's
   1-17  existence and did not cause the failure to timely file the will for
   1-18  probate.
   1-19        Sec. 502.  ELIGIBLE APPLICANTS FOR INFORMAL PROBATE; VENUE.
   1-20  (a)  An executor, alternate, devisee, or legatee named in a will
   1-21  may make an application for the informal probate of the will.
   1-22        (b)  The applicant may file the application in the county in
   1-23  which the testator was domiciled on the date of death or in the
   1-24  county in which the estate assets are located.
    2-1        Sec. 503.  REQUIREMENTS FOR INFORMAL PROBATE.  (a)  An
    2-2  applicant may file a will for informal probate with the court
    2-3  clerk:
    2-4              (1)  if:
    2-5                    (A)  all of the estate's known debts have been
    2-6  satisfied;
    2-7                    (B)  all existing and outstanding debts are
    2-8  secured on real property, certificates of title, or Uniform
    2-9  Commercial Code filings; or
   2-10                    (C)  the applicant notifies all creditors of the
   2-11  estate by certified or registered mail of the filing; and
   2-12              (2)  if:
   2-13                    (A)  an application has not been filed and is not
   2-14  pending under Section 81, 82, 89, or 145 of this code; and
   2-15                    (B)  the applicant files an affidavit of a
   2-16  disinterested witness that contains the proof of facts required to
   2-17  probate a will under Sections 88(a) and (b) of this code.
   2-18        (b)  The applicant submits personally to the jurisdiction of
   2-19  the probate court in any proceeding for relief relating to the
   2-20  informal probate proceeding and distribution of assets and to the
   2-21  suit in the probate court for any actions taken while administering
   2-22  estate assets, including a civil action for perjury or fraud
   2-23  relating to the application.
   2-24        Sec. 504.  CONTENTS OF APPLICATION.  (a)  An application for
   2-25  informal probate of a will must be under oath and must establish:
   2-26              (1)  that 30 days have elapsed after the date of the
   2-27  testator's death;
    3-1              (2)  that all debts of the estate have been satisfied
    3-2  or are properly secured or all creditors have received notice of
    3-3  the application's filing;
    3-4              (3)  that the total gross fair market value of the
    3-5  estate, including  real and personal property but not including
    3-6  homestead or exempt property, did not exceed $50,000 on the date
    3-7  the application was prepared;
    3-8              (4)  that the court has venue;
    3-9              (5)  to the applicant's knowledge and belief, that the
   3-10  will being offered for informal probate has never been revoked; and
   3-11              (6)  to the applicant's knowledge and belief, that no
   3-12  person named in the will has objected to the offer of the will for
   3-13  informal probate.
   3-14        (b)  If the will is not available, the application must
   3-15  contain affidavits of the applicant and a disinterested person
   3-16  stating:
   3-17              (1)  the source of knowledge of the terms of the will;
   3-18              (2)  the reasons an original will is not available;
   3-19              (3)  the terms of the will;
   3-20              (4)  the date the will was executed; and
   3-21              (5)  the names of the witnesses to the execution of the
   3-22  will.
   3-23        (c)  The application must contain the social security number
   3-24  and present address of the applicant and the social security number
   3-25  and last known address of the testator.
   3-26        Sec. 505.  NOTICE.  (a)  Before filing an application for
   3-27  informal probate, the applicant shall give notice of the intent to
    4-1  file the application by certified or registered mail to all persons
    4-2  named in the will whose addresses are known or are reasonably
    4-3  ascertainable and to the decedent's surviving spouse and children
    4-4  and shall provide those persons a copy of the will.
    4-5        (b)  If a distributee named in the will is a minor or
    4-6  incompetent, the applicant shall notify the natural guardian of the
    4-7  minor or the guardian of the person of the incompetent distributee.
    4-8        (c)  The applicant shall file the return receipts or original
    4-9  returned notices with the application.
   4-10        (d)  Notice is not required under this section to a person
   4-11  who joins in the application for informal probate or to a person
   4-12  who waives notice if the person's sworn waiver of notice is filed
   4-13  with the application or is filed before the court considers the
   4-14  application.
   4-15        Sec. 506.  FILING OF WILL OR AFFIDAVIT; INVENTORY.  (a)  The
   4-16  applicant must file the will or an affidavit explaining the will's
   4-17  absence with the application.  The will remains in the custody of
   4-18  the court clerk unless removed by order of a proper court.
   4-19        (b)  The applicant shall prepare a sworn, full, and complete
   4-20  inventory of all assets required to be included in the testator's
   4-21  estate.  The applicant shall list all assets at the assets' fair
   4-22  market value at or about the time the application was prepared
   4-23  without reduction for any outstanding secured debts.  If the
   4-24  valuation of an asset is questioned, the court may, on its own
   4-25  motion or on request of an interested person, appoint an appraiser
   4-26  for the asset and order that the applicant deposit the cost of the
   4-27  appraisal in advance with the court clerk.  The applicant shall
    5-1  file the inventory with the application.  The inventory must:
    5-2              (1)  contain the information required by Sections 250
    5-3  and 251 of this code; and
    5-4              (2)  if the testator is survived by a spouse, identify
    5-5  the community assets and list the assets' one-half community value.
    5-6        (c)  The court clerk may not present the application to the
    5-7  judge of the court before the 11th day after the date the
    5-8  application is filed.  The court shall determine, in its
    5-9  discretion, whether the application meets the requirements for an
   5-10  application for informal probate and may admit the will for
   5-11  informal probate.
   5-12        (d)  If the court determines that the will is not admissible
   5-13  for informal probate, the denial is not a final adjudication of the
   5-14  validity of the will and does not preclude a subsequent application
   5-15  for probate of the will in a formal probate proceeding.
   5-16        Sec. 507.  LIMITED LETTERS TESTAMENTARY.  (a)  An executor,
   5-17  alternate, devisee, or legatee named in a will may request in an
   5-18  application for the informal probate of the will that the clerk of
   5-19  the probate court issue limited letters testamentary to the
   5-20  applicant for the purpose of transferring title to the assets or
   5-21  interests in the assets of the testator's estate, including any
   5-22  increases to the assets that accrued after the date of the
   5-23  testator's death and that are specifically identified and described
   5-24  in the inventory included in the application or any subsequently
   5-25  filed amended or supplemental inventory.
   5-26        (b)  The letters or a certified copy of the inventory
   5-27  attached to the letters must identify the assets subject to
    6-1  transfer under the letters.
    6-2        (c)  A transfer or an attempt to transfer title to assets of
    6-3  the estate not identified in the letters, including any increases
    6-4  to the assets that may have accrued after the date of the
    6-5  testator's death is void.
    6-6        (d)  Limited letters are valid for one year after the date of
    6-7  the application's approval.
    6-8        (e)  The judge of the court that issued the original letters
    6-9  may order the issuance of additional letters.  The order for
   6-10  additional letters must contain the date that those letters expire.
   6-11  Additional letters are not renewable.
   6-12        Sec. 508.  REVIEW OF APPLICATION FOR INFORMAL PROBATE.  (a)
   6-13  The court in which an application for informal probate has been
   6-14  filed shall determine whether:
   6-15              (1)  the application is complete;
   6-16              (2)  the applicant has acknowledged that all statements
   6-17  of fact contained in the application are true and correct;
   6-18              (3)  the applicant is an executor, alternate, devisee,
   6-19  or legatee named in the will;
   6-20              (4)  venue is correct;
   6-21              (5)  an original, duly executed will or the affidavits
   6-22  required by Section 504 of this code are filed with the
   6-23  application;
   6-24              (6)  copies of required notices or waivers by persons
   6-25  named in the will and the surviving spouse, children, and creditors
   6-26  are attached to the application;
   6-27              (7)  an objection has not been made to the request for
    7-1  informal probate by any creditor or person named in the will;
    7-2              (8)  the time for applying for an informal probate has
    7-3  not expired;
    7-4              (9)  the application contains the required information;
    7-5  and
    7-6              (10)  an appraiser is necessary to determine the value
    7-7  of any asset.
    7-8        (b)  The court shall deny the application if:
    7-9              (1)  a personal representative has been appointed in
   7-10  another county;
   7-11              (2)  except as provided by Subsection (d) of this
   7-12  section, this or another will of the decedent has been the subject
   7-13  of a previous probate order in this state; or
   7-14              (3)  the court, in its discretion, determines formal
   7-15  probate is necessary.
   7-16        (c)  The court may probate a will that is a self-proved will
   7-17  under Section 59 of this code without further proof.  If the will
   7-18  is not self-proving under Section 59 of this code, the court may,
   7-19  in the absence of an objection, presume compliance with Section 59
   7-20  of this code if the will is filed with a sworn statement or
   7-21  affidavit of a person having personal knowledge of the
   7-22  circumstances of the execution of the will, whether or not the
   7-23  person was a witness to the will.
   7-24        (d)  A court may informally probate at any time a will that
   7-25  has been probated by the court of another state on the written
   7-26  application of a representative, devisee, or legatee named in the
   7-27  will.  The applicant shall file an authenticated copy of the will
    8-1  and foreign proceedings in place of the original will.
    8-2        Sec. 509.  EFFECT OF INFORMAL PROBATE.  (a)  A person who
    8-3  makes a payment or transfers property under the terms of a will
    8-4  admitted to informal probate or under limited letters is released
    8-5  from liability or responsibility to the same extent as if the
    8-6  payment or transfer had been made to the personal representative of
    8-7  an estate.  The person is not required to see the application for
    8-8  informal probate or to inquire into the truth of any statement
    8-9  contained in the application for informal probate.  The person to
   8-10  whom the ultimate payment or transfer of an asset is made under the
   8-11  terms of the will is responsible for the asset and is liable to a
   8-12  personal representative, a creditor of the testator, or any person
   8-13  having a superior right or claim of possession or ownership to the
   8-14  asset.
   8-15        (b)  A representative or beneficiary under an informally
   8-16  probated will who acquires property under the will may be liable to
   8-17  the extent of the value of the property actually acquired to a
   8-18  person or creditor of the estate with a superior right or claim to
   8-19  the property for damages caused by the transfer of the property to
   8-20  the representative or beneficiary under the terms of the will.
   8-21        (c)  If a person who is entitled to property of the estate,
   8-22  including the representative, a creditor, a beneficiary, or a
   8-23  guardian, makes a written demand by certified or registered mail
   8-24  containing a certified copy of the probated will and order
   8-25  admitting the will or limited letters to a person in possession of
   8-26  estate property and the person refuses or fails to deliver or
   8-27  transfer the property before the 31st day after the date of the
    9-1  demand, the person who is entitled to the property may file a show
    9-2  cause action in the court that probated the will to recover the
    9-3  property.  The person entitled to the property may recover the fair
    9-4  market value of the property, reasonable damages for the loss of
    9-5  use of the property, reasonable attorney's fees, and costs of
    9-6  court.
    9-7        (d)  If a beneficiary under a will is a minor or an
    9-8  incompetent without a guardian of the minor's or incompetent's
    9-9  estate, all cash, stocks, bonds, or personal property that can be
   9-10  converted to cash to which the beneficiary is entitled may not be
   9-11  distributed to the natural guardian or guardian of the person.  The
   9-12  representative of the estate shall convert the assets to cash and
   9-13  deposit the cash in the court registry until a legal guardian of an
   9-14  estate is appointed or shall deposit the cash as provided by
   9-15  Section 144 of this code for the benefit of the ward.
   9-16        Sec. 510.  TIME TO CONTEST VALIDITY OF WILL.  (a)  Except as
   9-17  provided by Subsection (b) or (c) of this section, an interested
   9-18  person may file suit to contest the validity of a will admitted to
   9-19  informal probate not later than two years after the date the will
   9-20  was admitted.
   9-21        (b)  An interested person may institute suit to contest the
   9-22  validity of a will admitted to informal probate for forgery or
   9-23  other fraud not later than two years after the date the forgery or
   9-24  fraud is discovered.
   9-25        (c)  A minor or incompetent person may file suit to contest
   9-26  the validity of a will admitted to informal probate not later than
   9-27  two years after the date the disabilities of the minor or
   10-1  incompetent are removed.
   10-2                PART 2.  INFORMAL PROBATE WITHOUT WILL
   10-3        Sec. 520.  TIME TO FILE INFORMAL DISTRIBUTION APPLICATION.
   10-4  (a)  Except as provided by Subsection (b) of this section, if a
   10-5  decedent dies without a will, the distributees of a decedent may
   10-6  file an application requesting informal distribution of the
   10-7  decedent's estate with the court clerk not earlier than the 30th
   10-8  day after the date of the decedent's death.
   10-9        (b)  The distributees may request informal distribution at
  10-10  any time if the distributees can show:
  10-11              (1)  a necessity to receive or recover funds or other
  10-12  property in this state that were due or owned by the decedent at
  10-13  the time of death; and
  10-14              (2)  the distributees' actions were not the cause for
  10-15  any unreasonable delay in filing the request.
  10-16        Sec. 521.  ELIGIBLE APPLICANTS.  (a)  Except as provided by
  10-17  Subsection (b) of this section, all persons entitled to receive the
  10-18  decedent's property under Section 38 of this code shall join in the
  10-19  application for informal distribution of the estate.
  10-20        (b)  If the decedent is survived by a spouse or adult
  10-21  children and only community assets exist, the surviving spouse is
  10-22  not required to join in the application.  If the spouse has not
  10-23  joined in the application, the distributees shall notify the spouse
  10-24  by certified or registered mail of the distributees' intention to
  10-25  file the application.  The distributees shall attach proof of the
  10-26  notice to the application before filing.
  10-27        (c)  If a distributee of the decedent's estate is a minor or
   11-1  incompetent, the natural guardian of the minor or the legal
   11-2  guardian of the person or of an incompetent distributee must join
   11-3  in the application.
   11-4        Sec. 522.  REQUIREMENTS FOR INFORMAL DISTRIBUTION.  (a)  The
   11-5  distributees may file an application for informal distribution only
   11-6  if:
   11-7              (1)  all of the estate's known debts have been
   11-8  satisfied;
   11-9              (2)  all existing and outstanding debts against the
  11-10  estate are secured on real or personal property through
  11-11  certificates of title or by Uniform Commercial Code filings; or
  11-12              (3)  all known or ascertainable creditors have been
  11-13  provided notice by certified or registered mail of the
  11-14  distributees' intention to file the application and have not filed
  11-15  an objection not later than the fifth day after the date of receipt
  11-16  of notice.
  11-17        (b)  The distributees shall file all return receipts of
  11-18  notices with the application.
  11-19        (c)  The court clerk may accept the application for filing
  11-20  if:
  11-21              (1)  an application has not been filed under Section 82
  11-22  or 162 of this code; and
  11-23              (2)  a proceeding to determine heirship has not been
  11-24  instituted under Section 48 of this code in this state.
  11-25        (d)  The distributees submit personally to the jurisdiction
  11-26  of the probate court in any proceeding for relief relating to the
  11-27  distribution of assets and to suit in the probate court for any
   12-1  actions taken in the collection of assets, including civil actions
   12-2  for perjury or fraud relating to the application.
   12-3        Sec. 523.  CONTENTS OF APPLICATION.  (a)  An application for
   12-4  informal distribution must be under oath and must establish that:
   12-5              (1)  30 days have elapsed after the date of death of
   12-6  the decedent;
   12-7              (2)  the gross fair market value of the decedent's
   12-8  estate, including real and personal property but not including
   12-9  homestead or exempt property, did not exceed $50,000 on the date
  12-10  the application was prepared;
  12-11              (3)  venue is proper in the court because the decedent
  12-12  was domiciled in or the estate's principal assets are located in
  12-13  the county in which the application is filed;
  12-14              (4)  another proceeding for disposition of the
  12-15  decedent's assets has not been instituted in any other county of
  12-16  this state or in a foreign jurisdiction; and
  12-17              (5)  all known or reasonably ascertained creditors of
  12-18  the decedent have been notified of this proceeding.
  12-19        (b)  The application must contain:
  12-20              (1)  the social security number and current address of
  12-21  each distributee and the social security number and last known
  12-22  address of the decedent; and
  12-23              (2)  the sworn statements of two disinterested
  12-24  witnesses who were well acquainted with the decedent stating the
  12-25  decedent's family history and identifying the decedent's heirs.
  12-26        Sec. 524.  NOTICE TO CREDITORS; ESTATE DEBTS.  (a)  Except as
  12-27  provided by Subsection (b) of this section, the distributees shall
   13-1  provide by certified or registered mail a copy of the proposed
   13-2  application for informal distribution to all unsecured creditors of
   13-3  the estate whose addresses are known or are reasonably
   13-4  ascertainable by due diligence.  The distributees shall attach
   13-5  return receipts or original returned notices to the application
   13-6  before filing.
   13-7        (b)  Notice to an unsecured creditor is not required if a
   13-8  distributee pays the debt owed to the creditor before filing the
   13-9  application or if a distributee assumes personal liability for the
  13-10  debt.
  13-11        (c)  The distributee shall file evidence of payment or
  13-12  assumption of the debt with the application.
  13-13        (d)  If a distributee has paid or assumed a debt of the
  13-14  estate, the distributee may obtain reimbursement from any
  13-15  unencumbered estate assets up to the amount of the paid or assumed
  13-16  debts.
  13-17        Sec. 525.  INVENTORY; APPRAISAL.  (a)  The application must
  13-18  contain an inventory and list of claims as described by Sections
  13-19  250 and 251 of this code.
  13-20        (b)  Assets must be listed at the assets' fair market value
  13-21  at or about the time the application was prepared without reduction
  13-22  for any outstanding secured debts.
  13-23        (c)  If the valuation of an asset is questioned by an
  13-24  interested person or the court, the court may, on its own motion or
  13-25  on request of an interested person, appoint an appraiser for the
  13-26  asset and order the distributees to deposit equal shares of the
  13-27  cost of the appraisal in advance with the court clerk.
   14-1        Sec. 526.  PROCEDURES FOR INFORMAL DISTRIBUTION.  (a)  The
   14-2  distributees shall prepare a sworn, full, and complete inventory of
   14-3  all assets of the decedent's estate that are required to be
   14-4  included in the decedent's estate or that came to the distributees'
   14-5  possession or knowledge.  The distributees shall file the inventory
   14-6  with the application.  The inventory must:
   14-7              (1)  contain the information required by Sections 250
   14-8  and 251 of this code; and
   14-9              (2)  if the decedent is survived by a spouse, identify
  14-10  the community assets and list the assets' one-half community value.
  14-11        (b)  The court clerk may not present the application to the
  14-12  judge of the court before the 11th day after the date the
  14-13  application is filed.  The court, in its discretion, shall
  14-14  determine whether the application meets the requirements of
  14-15  Sections 520-526 of this code and may accept the application for
  14-16  informal distribution.
  14-17        (c)  If the court does not accept the application for
  14-18  informal distribution, the denial does not preclude a subsequent
  14-19  application for an intestate probate proceeding.
  14-20        Sec. 527.  REVIEW OF APPLICATION FOR INFORMAL DISTRIBUTION.
  14-21  (a)  The court in which the application for informal distribution
  14-22  has been filed shall determine whether:
  14-23              (1)  all heirs of the decedent have joined in the
  14-24  application;
  14-25              (2)  all creditors of the decedent have been notified
  14-26  of the filing of the application or debts have been paid or
  14-27  assumed;
   15-1              (3)  the application is properly sworn to by all
   15-2  parties and witnesses;
   15-3              (4)  an objection to the application has been filed;
   15-4              (5)  venue   is proper;
   15-5              (6)  adequate information has been provided to
   15-6  establish the heirship of the decedent's heirs;
   15-7              (7)  the assets of the decedent do not exceed $50,000,
   15-8  not including homestead and exempt property; and
   15-9              (8)  an appraiser is necessary to determine the value
  15-10  of any asset.
  15-11        (b)  The court shall deny the application if:
  15-12              (1)  a personal representative has been appointed in
  15-13  another county;
  15-14              (2)  a will has been admitted to probate in this or in
  15-15  a foreign  jurisdiction;
  15-16              (3)  a will exists and has not been offered for
  15-17  probate; or
  15-18              (4)  an heirship proceeding has been instituted under
  15-19  Section 48 of this code.
  15-20        (c)  If the heirship testimony furnished is in dispute or
  15-21  ambiguous, the court, in its discretion, may deny the application
  15-22  and require the appointment of an administrator or institution of
  15-23  formal heirship proceedings.
  15-24        (d)  If an objection is filed by an heir or creditor, the
  15-25  court shall deny the application.
  15-26        (e)  If the debts of the decedent exceed the value of the
  15-27  assets, the court shall deny the application.
   16-1        (f)  A transfer of, or an attempt to transfer, title to any
   16-2  property or interest in assets of the estate or any increases to
   16-3  estate assets not identified in the inventory filed with the
   16-4  application or any subsequently filed amended or supplemental
   16-5  inventory is void.
   16-6        Sec. 528.  EFFECT OF INFORMAL DISTRIBUTION.  (a)  A person
   16-7  who makes a payment or transfers property under a court order
   16-8  approving the informal distribution of an estate is released from
   16-9  liability or responsibility to the same extent as if the payment or
  16-10  transfer had been made to the personal representative of an estate.
  16-11  A person who makes a payment or transfers property is not required
  16-12  to inquire into the truth of any statement contained in the
  16-13  application.
  16-14        (b)  A distributee receiving possession of an asset of the
  16-15  decedent is liable to the extent of the value of the asset received
  16-16  to a person or creditor having a superior right or claim of
  16-17  possession or ownership to the asset for damages caused by the
  16-18  payment or transfer of the asset under this section.
  16-19        (c)  If a person who is entitled to the property of the
  16-20  decedent, including a creditor, distributee, or guardian, makes a
  16-21  written demand by certified or registered mail containing a
  16-22  certified copy of the application and a court order of distribution
  16-23  to a person in possession of the property and the person fails or
  16-24  refuses to deliver or transfer the property before the 31st day
  16-25  after the date of the demand, the person entitled to the property
  16-26  may file a show cause action in the court that ordered the
  16-27  distribution to recover the property.  The person entitled to the
   17-1  property may recover the fair market value of the property,
   17-2  reasonable damages for the loss of use of the property, reasonable
   17-3  attorney's fees, and costs of court.
   17-4        (d)  If a distributee is a minor or is an incompetent without
   17-5  a guardian of the minor's or incompetent's estate, all money,
   17-6  stocks, bonds, or transferable evidence of property to which the
   17-7  distributee is entitled may not be distributed to the natural
   17-8  guardian or guardian of the person.  The person in possession of
   17-9  the property shall deposit the property in the court registry or,
  17-10  if necessary, convert the property to money and deposit the money
  17-11  as provided by Section 144 of this code for the benefit of the
  17-12  ward.  The property shall remain deposited until a legal guardian
  17-13  of the estate is appointed.  Real property interests of a minor or
  17-14  incompetent may not be sold or converted under this subsection.
  17-15         PART 3.  EMERGENCY INTERVENTION PROCEEDINGS; FUNERAL
  17-16                          AND BURIAL EXPENSES
  17-17        Sec. 530.  TIME TO FILE EMERGENCY APPLICATION.  An applicant
  17-18  may file an application requesting emergency intervention by a
  17-19  court exercising  probate jurisdiction to provide for the payment
  17-20  of funeral and burial expenses or the protection and storage of
  17-21  personal property owned by the decedent that was located in rented
  17-22  accommodations on the date of the decedent's death with the clerk
  17-23  of the court in the county of domicile of the decedent not earlier
  17-24  than the third day after the date of the decedent's death and not
  17-25  later than the 90th day after the date of the decedent's death.
  17-26        Sec. 531.  ELIGIBLE APPLICANTS FOR EMERGENCY INTERVENTION.  A
  17-27  person qualified to serve as an administrator under Section 77 of
   18-1  this code may file an emergency intervention application.
   18-2        Sec. 532.  REQUIREMENTS FOR EMERGENCY INTERVENTION
   18-3  APPLICATION.  (a)  An application for emergency intervention must
   18-4  be sworn and must contain:
   18-5              (1)  the name, address, social security number, and
   18-6  interest of the applicant;
   18-7              (2)  the facts showing an immediate necessity for the
   18-8  issuance of an emergency intervention order by the court;
   18-9              (3)  the date of the decedent's death, place of death,
  18-10  decedent's residential address, and the name and address of the
  18-11  funeral home holding the decedent's remains;
  18-12              (4)  any known or ascertainable heirs of the decedent
  18-13  and the reason:
  18-14                    (A)  the heirs cannot be contacted; or
  18-15                    (B)  the heirs have refused to assist in the
  18-16  decedent's burial or protection of the decedent's personal
  18-17  property;
  18-18              (5)  a description of funeral and burial procedures
  18-19  necessary and a detailed and itemized cost of the funeral and
  18-20  burial procedures;
  18-21              (6)  the name, location, and identification of property
  18-22  or persons in possession of the decedent's property; and
  18-23              (7)  the name and address of the owner or manager of
  18-24  the decedent's rented premises and whether access to the premises
  18-25  is necessary.
  18-26        (b)  If emergency intervention is necessary for funeral and
  18-27  burial, the application shall state whether any written
   19-1  instructions from the decedent relating to a funeral or burial
   19-2  exist.  The applicant shall attach the instructions to the
   19-3  application or file the instructions before the funeral or burial
   19-4  and fully comply with the instructions.  If written instructions do
   19-5  not exist, the applicant shall provide for the funeral and burial
   19-6  of the decedent unless the applicant obtains the court's permission
   19-7  to cremate the decedent's remains.
   19-8        Sec. 533.  ORDERS OF EMERGENCY INTERVENTION.  (a)  If the
   19-9  court determines on review of the application that emergency
  19-10  intervention is necessary, the court may order:
  19-11              (1)  funds of the decedent held by an employer,
  19-12  individual, or financial institution to be paid directly to a
  19-13  funeral home only for funeral and burial expenses not to exceed
  19-14  $5,000 as ordered by the court to provide the decedent with a
  19-15  reasonable, dignified, and appropriate funeral and burial;
  19-16              (2)  the applicant and the owner or agent of the
  19-17  decedent's rented accommodations to jointly prepare an inventory of
  19-18  the contents of the decedent's property and to file the inventory
  19-19  after the inventory is signed by both parties with the court; or
  19-20              (3)  the owner of the decedent's rented accommodations
  19-21  to deliver:
  19-22                    (A)  any will of the decedent discovered on the
  19-23  premises to the court clerk;
  19-24                    (B)  any life insurance policy of the decedent
  19-25  that names the applicant as sole beneficiary to the applicant;
  19-26                    (C)  other life insurance policies of the
  19-27  decedent to the court clerk; and
   20-1                    (D)  any deed to a burial plot of the decedent to
   20-2  the funeral home holding the decedent's remains.
   20-3        (b)  If the decedent's rental payments are delinquent, the
   20-4  owner of rented accommodations may hold the decedent's personal
   20-5  property as security for the payment of the delinquency until the
   20-6  90th day after the date of death of the decedent or until the date
   20-7  a court-appointed personal representative is qualified, whichever
   20-8  occurs first.
   20-9        (c)  If rental payments are not delinquent, the court may
  20-10  order the owner or agent of the owner to arrange for the storage of
  20-11  the decedent's property in a proper facility for the protection of
  20-12  the property.  The applicant for emergency intervention shall pay
  20-13  the costs of storage until the 90th day after the date the court's
  20-14  emergency intervention order was issued.  The court may order the
  20-15  reimbursement of storage expenses to the applicant from the
  20-16  decedent's estate.  A court may not order the release of any
  20-17  property to any person, other than a personal representative or to
  20-18  judicially determined heirs, beneficiaries, or distributees of the
  20-19  decedent.
  20-20        (d)  The court clerk may issue certified copies of an
  20-21  emergency intervention order on request of the applicant only until
  20-22  the 90th day after the date the order was issued or the date a
  20-23  personal representative is qualified, whichever occurs first.
  20-24        (e)  A person who is furnished with a certified copy of an
  20-25  emergency intervention order within the period described by
  20-26  Subsection (d) of this section is not personally liable for the
  20-27  person's actions that are taken in accordance with and in reliance
   21-1  on the order.
   21-2        Sec. 534.  ENFORCEMENT OF LIENS.  If a personal
   21-3  representative of the decedent's estate is not appointed or
   21-4  qualified before the 90th day after the date an emergency order is
   21-5  issued, all personal property held by a landlord or a warehouseman
   21-6  is subject to a landlord's lien under Subchapter C, Chapter 54,
   21-7  Property Code, and its subsequent amendments, or a warehouseman's
   21-8  lien under Sections 7.209 and 7.210, Business & Commerce Code, and
   21-9  their subsequent amendments.  A person in possession of personal
  21-10  property of the decedent received under an emergency intervention
  21-11  order may enforce the landlord's or warehouseman's lien after the
  21-12  90th day after the date the emergency intervention order is issued.
  21-13        Sec. 535.  TERMINATION.  All power and authority of an
  21-14  applicant under an emergency intervention order cease to be
  21-15  effective or enforceable on the 90th day after the date the order
  21-16  was issued or on the date a personal representative is qualified,
  21-17  whichever occurs first.
  21-18        SECTION 2.  Sections 137 and 138, Texas Probate Code, are
  21-19  repealed.
  21-20        SECTION 3.  The change in law made by this Act applies only
  21-21  to the estate of a person who dies on or after the effective date
  21-22  of this Act.  An estate of a person who dies before the effective
  21-23  date of this Act is covered by the law in effect on the date of the
  21-24  person's death, and the former law continues in effect for that
  21-25  purpose.
  21-26        SECTION 4.  This Act takes effect September 1, 1993.
  21-27        SECTION 5.  The importance of this legislation and the
   22-1  crowded condition of the calendars in both houses create an
   22-2  emergency and an imperative public necessity that the
   22-3  constitutional rule requiring bills to be read on three several
   22-4  days in each house be suspended, and this rule is hereby suspended.