By Hartnett H.B. No. 2373
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to expenses incurred in the collection of claims and the
1-3 recovery of property of an estate.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 233, Probate Code, is amended to read as
1-6 follows:
1-7 Sec. 233. Collection of Claims and Recovery of Property.
1-8 Every personal representative of an estate shall use ordinary
1-9 diligence to collect all claims and debts due the estate and to
1-10 recover possession of all property of the estate to which its
1-11 owners have claim or title, provided there is a reasonable prospect
1-12 of collecting such claims or of recovering such property. If he
1-13 wilfully neglects to use such diligence, he and the sureties on his
1-14 bond shall be liable, at the suit of any person interested in the
1-15 estate, for the use of the estate, for the amount of such claims or
1-16 the value of such property as has been lost by such neglect. Such
1-17 representatives may enter into a contract to convey, or may convey,
1-18 a contingent interest in any property sought to be recovered, not
1-19 exceeding one-third thereof<,> for services of attorneys <and
1-20 incidental expenses>, subject only to approval of the court in
1-21 which the estate is being administered. Personal representatives
1-22 of estates shall be entitled, on satisfactory proof to the court,
1-23 to all necessary and reasonable expenses incurred by them in
2-1 collecting or attempting to collect claims or debts, and in
2-2 recovering or attempting to recover property to which the estate
2-3 has a title or claim.
2-4 SECTION 2. This Act takes effect September 1, 1993.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.