By Johnson H.B. No. 2708
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the time for requiring a personal representative to
1-3 close an estate.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Amend Section 406, Probate Code, to read as
1-6 follows:
1-7 Sec. 406. PROCEDURE IN CASE OF NEGLECT OR FAILURE TO FILE
1-8 FINAL ACCOUNT; PAYMENTS DUE MEANTIME
1-9 SECTION 2. If a personal representative charged with the
1-10 duty of filing a final account fails or neglects so to do at the
1-11 proper time, the court may <shall>, upon its own motion, or shall,
1-12 upon the written complaint of any one interested in the decedent's
1-13 or ward's estate which has been administered, cause such
1-14 representative to be cited to appear and present such account
1-15 within the time specified in the citation. As to a guardianship of
1-16 a person or estate of a minor or deceased ward, when no written
1-17 complaint has been filed by anyone interested in the estate, the
1-18 court may, after two years form the date of the death of an
1-19 incompetent ward or from the date the ward reaches the age of
1-20 majority, remove the estate from the court's active docket without
1-21 the necessity of a final accounting and without appointing a
1-22 successor personal representative. As to a ward whose whereabouts
1-23 becomes unknown to the court for a period of four years, when no
2-1 complaint has been filed by anyone interested in the estate, the
2-2 court may remove the estate from its active docket without a final
2-3 accounting and without appointing a successor personal
2-4 representative. As to a decedent's estate, when the whereabouts of
2-5 the personal representative and heirs are unknown and no complaint
2-6 has been filed by anyone interested in the estate within four years
2-7 after letters testamentary or of administration have been issued,
2-8 the court may close the estate without a final accounting and
2-9 without appointing a successor personal representative. It shall
2-10 not constitute gross negligence for the court to remove or close an
2-11 estate pursuant to this Section. <So far as applicable, this
2-12 Section shall also govern with respect to guidelines of the person.
2-13 Meantime, rentals> Rentals or other payments becoming due to the
2-14 ward, his estate, or his guardian, between the date the ward's
2-15 disability terminates or the date of the ward's death and the
2-16 effective date of the guardian's discharge may be paid or tendered
2-17 to the emancipated ward, his guardian, or the personal
2-18 representative of the ward's estate, at obligor's option, and such
2-19 payment or tender shall constitute and be an absolute discharge of
2-20 such matured obligation for all purposes to the extent of the
2-21 amount thus paid or tendered.
2-22 SECTION 3. This Act applies to those estates in which a
2-23 final settlement and accounting has not been filed prior to the
2-24 effective date of this Act.
2-25 SECTION 4. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.