By:  Shelley, Harris of Tarrant                        S.B. No. 479
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the guardianship of a person or an estate, informal
    1-2  probate of wills, informal distribution of estates, emergency
    1-3  payment of burial expenses, and protection of a decedent's personal
    1-4  property; creating the offense of interference with service of
    1-5  citation on a proposed ward and providing a penalty.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 127A, Texas Probate Code, is amended to
    1-8  read as follows:
    1-9        Sec. 127A.  GUARDIANSHIP OF MISSING PERSON <MISSING ON PUBLIC
   1-10  SERVICE>.  (a)  Not less than six months after a person is reported
   1-11  by an executive department of the United States to be a prisoner of
   1-12  war or missing on the public service of the United States, any
   1-13  person may file a written application for the appointment of a
   1-14  guardian of the person of the missing person in the court of the
   1-15  county of residence of the missing person's spouse or, if there is
   1-16  no spouse, in the county of residence of a parent or child of the
   1-17  missing person, or if there is no parent or child, in the county of
   1-18  residence of the missing person's next of kin.
   1-19        (b)  If a person is discovered to be missing and there is
   1-20  good cause, as evidenced by a police or other law enforcement
   1-21  agency report or by testimony in open court by a peace officer, to
   1-22  believe that the person is a victim of violence, any person may
   1-23  file a written application for appointment of a temporary guardian
   1-24  of the estate of the missing person.
    2-1        (c)  An <The> application under this section shall state:
    2-2              (1)  the name, sex, and last known residence of the
    2-3  person for whom the appointment of a guardian is sought;
    2-4              (2)  in the case of a person reported missing under
    2-5  Subsection (a) of this section, the executive department issuing
    2-6  the report, the date of the report, and the last known whereabouts
    2-7  of the missing person;
    2-8              (3)  the names and addresses of the missing person's
    2-9  spouse, children, and parents or, if there is no spouse, child, or
   2-10  parent, the name and address of the person's next of kin and facts
   2-11  that show that the court has venue of the proceeding;
   2-12              (4)  the reason for the appointment and the interest of
   2-13  the applicant in the appointment; and
   2-14              (5)  the name, relationship, and address of the person
   2-15  whom the applicant desires to have appointed as guardian.
   2-16        (d) <(c)>  The court shall appoint an attorney to represent
   2-17  the interests of the missing person and shall allow the attorney a
   2-18  reasonable fee, not to exceed $25, for his services to be taxed as
   2-19  part of the costs.
   2-20        (e) <(d)>  The attorney appointed to represent the interests
   2-21  <interest> of the missing person shall be personally served with
   2-22  citation to appear and answer the application for the appointment
   2-23  of a guardian.  The clerk of the court shall issue a notice setting
   2-24  forth that an application has been filed for the guardianship of
   2-25  the person or of the estate of the missing person and by whom the
   2-26  application is made.  The notice shall cite all persons interested
   2-27  in the welfare of that person to appear at the time and place
    3-1  stated in the notice and contest the application, if they so
    3-2  desire.  The notice shall be served by posting, and the sheriff or
    3-3  other officer posting the notice shall return the original, signed
    3-4  officially, stating thereon in writing the time and place that he
    3-5  posted the copy of the notice.  In addition to posting the notice,
    3-6  a copy of the notice shall be mailed by registered or certified
    3-7  mail to the spouse, to each child, to each parent of the missing
    3-8  person, and to any other person that the court deems appropriate.
    3-9        (f) <(e)>  Any person has the right to appear and contest the
   3-10  appointment of a particular person as guardian of the missing
   3-11  person or of the estate of the missing person, or to contest any
   3-12  guardianship proceeding which he deems to be injurious to the
   3-13  missing person or to the estate of the missing person, or to
   3-14  commence a guardianship proceeding which he deems beneficial to the
   3-15  missing person or to the estate of the missing person.
   3-16        (g) <(f)>  Before appointing a guardian, the court must find:
   3-17              (1)  in the case of a person reported missing under
   3-18  Subsection (a) of this section, that the person has been reported
   3-19  missing by an executive department of the United States and still
   3-20  is missing;
   3-21              (2)  that the court has venue of the proceeding and
   3-22  that there is not an existing guardianship of this person or of the
   3-23  estate of the person;
   3-24              (3)  that the person applying for appointment as the
   3-25  guardian is a proper person to act as the guardian; <and>
   3-26              (4)  in the case of a person missing under Subsection
   3-27  (b) of this section, that the person applying for appointment as
    4-1  guardian has not been and is not presently under investigation by a
    4-2  police or law enforcement agency in connection with the
    4-3  disappearance of the missing person; and
    4-4              (5)  that the rights of the missing person or the
    4-5  interests of the missing person's estate will be protected by the
    4-6  appointment of the guardian.
    4-7        (h)(1)  A temporary guardian appointed for a person missing
    4-8  under Subsection (b) of this section must post a bond as required
    4-9  for a temporary guardian of any other ward.  The temporary guardian
   4-10  has the same authority to handle the affairs of the missing person
   4-11  under court supervision as a temporary guardian has for any other
   4-12  ward.
   4-13              (2)  A temporary guardianship under this subsection
   4-14  continues until the:
   4-15                    (A)  death of the missing person is confirmed;
   4-16                    (B)  missing person is declared legally dead
   4-17  under applicable statutes;
   4-18                    (C)  missing person returns;
   4-19                    (D)  whereabouts of the missing person is
   4-20  determined; or
   4-21                    (E)  guardianship is no longer necessary for any
   4-22  other reason.
   4-23        (i) <(g)>  After the hearing, the court shall dismiss the
   4-24  application or enter an order appointing a guardian to protect the
   4-25  rights of the missing person or the interests of the missing
   4-26  person's estate and may impose in the order any conditions or
   4-27  restrictions it deems necessary to protect the rights of the
    5-1  missing person or the interests of the missing person's estate.  In
    5-2  appointing the guardian, the court shall give preference to the
    5-3  spouse of the missing person, and if there is no spouse shall give
    5-4  preference to parents and children of the missing person.
    5-5        (j) <(h)>  The jurisdiction of the court over the
    5-6  guardianship is continuing.  If the missing person returns or, in
    5-7  the case of a temporary guardianship under Subsection (h) of this
    5-8  section, if any of the events listed in Subsection (h)(2) of this
    5-9  section occur, on motion of any interested person after a notice,
   5-10  stating that the motion has been filed and specifying the date of a
   5-11  hearing, has been issued and served on the formerly missing person
   5-12  as in other cases, the court shall amend or vacate the original
   5-13  order of guardianship.  A copy of the motion shall accompany the
   5-14  notice.
   5-15        SECTION 2.  Subsection (c), Section 130, Texas Probate Code,
   5-16  is amended to read as follows:
   5-17        (c)  Service of Citation.  (1)  Except as hereinafter
   5-18  provided, minors who have attained the age of fourteen years,
   5-19  persons alleged to be of unsound mind or habitual drunkards, and
   5-20  persons for whom it is alleged to be necessary to have a guardian
   5-21  appointed to receive funds from any governmental source or agency
   5-22  shall be personally served with citation to appear and answer the
   5-23  application for the appointment of a guardian.
   5-24              (2)  If a court finds that any person is interfering
   5-25  with the personal service of a citation under this subsection, the
   5-26  court may order a sheriff or constable to use reasonable force to
   5-27  prevent the person from interfering with the service of the
    6-1  citation.
    6-2        SECTION 3.  Section 157, Texas Probate Code, is amended to
    6-3  read as follows:
    6-4        Sec. 157.  When Spouse Incompetent.  Whenever a husband or
    6-5  wife is judicially declared to be incompetent, the other spouse, in
    6-6  the capacity of surviving partner of the marital partnership,
    6-7  thereupon acquires full power to manage, control, and dispose of
    6-8  the entire community estate, including the part which the
    6-9  incompetent spouse would legally have power to manage in the
   6-10  absence of such incompetency, and no administration, community or
   6-11  otherwise, shall be necessary if the court finds that it is in the
   6-12  best interest of the incompetent spouse not to require
   6-13  administration of the estate and that the competent spouse is not
   6-14  disqualified under Section 110 of this code to serve as guardian.
   6-15  Guardianship of the estate of the incompetent spouse shall not be
   6-16  necessary when the other spouse is competent and the court finds
   6-17  that it is in the best interest of the incompetent spouse not to
   6-18  require a guardianship of the estate and that the competent spouse
   6-19  is not disqualified under Section 110 of this code to serve as
   6-20  guardian unless the incompetent spouse owns separate property, and
   6-21  then as to such separate property only.  The qualification of a
   6-22  guardian of the separate estate of an incompetent spouse does not
   6-23  deprive the competent spouse of the right to manage, control, and
   6-24  dispose of the entire community estate as provided in this code
   6-25  <Code>.
   6-26        SECTION 4.  Section 245, Texas Probate Code, is amended to
   6-27  read as follows:
    7-1        Sec. 245.  WHEN COSTS ARE ADJUDGED AGAINST REPRESENTATIVE.
    7-2  (a)  When the personal representative of an estate or person
    7-3  neglects the performance of any duty required of him, and any costs
    7-4  are incurred thereby, or if he is removed for cause, he and the
    7-5  sureties on his bond shall be liable for costs of removal and other
    7-6  additional costs incurred that are not authorized expenditures, as
    7-7  defined by this code, and for reasonable attorney's fees incurred
    7-8  in removing him and in obtaining his compliance regarding any
    7-9  statutory duty he has neglected.
   7-10        (b)  If the personal representative is a guardian of an
   7-11  estate and  a court finds that the attorney advising the guardian
   7-12  has been grossly negligent in the performance of the attorney's
   7-13  duties to the guardian, the court may equitably apportion the costs
   7-14  described by Subsection (a) of this section between:
   7-15              (1)  the attorney advising the guardian; and
   7-16              (2)  the guardian and the sureties on the guardian's
   7-17  bond.
   7-18        SECTION 5.  Subsection (a), Section 399, Texas Probate Code,
   7-19  is amended to read as follows:
   7-20        (a)  Estates of Decedents and Wards Being Administered Under
   7-21  Order of Court.  The personal representative of the estate of a
   7-22  decedent or ward being administered under order of court shall,
   7-23  upon the expiration of twelve (12) months from the date of
   7-24  qualification and receipt of letters, return to the court an
   7-25  exhibit in writing under oath setting forth a list of all claims
   7-26  against the estate that were presented to him within the period
   7-27  covered by the account, specifying which have been allowed by him,
    8-1  which have been paid, which have been rejected and the date when
    8-2  rejected, which have been sued upon, and the condition of the suit,
    8-3  and show:
    8-4              (1)  All property that has come to his knowledge or
    8-5  into his possession not previously listed or inventoried as
    8-6  property of the estate or ward, as the case may be.
    8-7              (2)  Any changes in the property of the estate or ward
    8-8  which have not been previously reported.
    8-9              (3)  A complete account of receipts and disbursements
   8-10  for the period covered by the account, and the source and nature
   8-11  thereof, with receipts of principal and income to be shown
   8-12  separately.
   8-13              (4)  A complete, accurate and detailed description of
   8-14  the property being administered, the condition of the property and
   8-15  the use being made thereof, and, if rented, the terms upon and the
   8-16  price for which rented.
   8-17              (5)  The cash balance on hand and the name and location
   8-18  of the depository wherein such balance is kept; also, any other
   8-19  sums of cash in savings accounts or other form, deposited subject
   8-20  to court order, and the name and location of the depository
   8-21  thereof.
   8-22              (6)  A detailed description of personal property of the
   8-23  estate, which shall, with respect to bonds, notes, and other
   8-24  securities, include the names of obligor and obligee, or if payable
   8-25  to bearer, so state; the date of issue and maturity; the rate of
   8-26  interest; serial or other identifying numbers; in what manner the
   8-27  property is secured; and other data necessary to identify the same
    9-1  fully, and how and where held for safekeeping.
    9-2              (7)  A statement that, during the period covered by the
    9-3  account, all tax returns due have been filed and that all taxes due
    9-4  and owing have been paid and a complete account of the amount of
    9-5  the taxes, the date the taxes were paid, and the governmental
    9-6  entity to which the taxes were paid.
    9-7              (8)  If any tax return due to be filed or any taxes due
    9-8  to be paid are delinquent on the filing of the account, a detailed
    9-9  description of the delinquency and the reasons for the delinquency.
   9-10        SECTION 6.  Subsection (a), Section 404, Texas Probate Code,
   9-11  is amended to read as follows:
   9-12        (a)  Administration of the estates of decedents and
   9-13  guardianship of the persons and estates of wards shall be settled
   9-14  and closed:
   9-15              (1)  when all the debts known to exist against the
   9-16  estate of a deceased person have been paid, or when they have been
   9-17  paid so far as the assets in the hands of an administrator or
   9-18  executor of such estate will permit, and when there is no further
   9-19  need for administration;
   9-20              (2)  when a minor ward dies, or becomes an adult by
   9-21  becoming eighteen years of age, or by removal of disabilities of
   9-22  minority according to the law of this state, or by marriage, or
   9-23  when the necessity for guardianship no longer exists for other
   9-24  reasons;
   9-25              (3)  when an incompetent ward dies, or is decreed as
   9-26  provided by law to have been restored to sound mind or sober
   9-27  habits, or, being married, when his or her spouse has qualified as
   10-1  survivor in community;
   10-2              (4)  when a ward entitled to funds from a governmental
   10-3  source dies, or when the court finds that the necessity for the
   10-4  guardianship of that person has ended;
   10-5              (5)  when the estate of a ward becomes exhausted; or
   10-6              (6)  when the foreseeable income accruing to a ward or
   10-7  to his estate is so negligible that maintaining the guardianship in
   10-8  force would be burdensome.
   10-9        SECTION 7.  Section 405, Texas Probate Code, is amended to
  10-10  read as follows:
  10-11        Sec. 405.  Account for Final Settlement of Estates of
  10-12  Decedents and Persons and Estates of Wards.  When administration of
  10-13  the estate of a decedent, or guardianship of person or estate, or
  10-14  of the person and estate of a ward, is to be settled and closed,
  10-15  the personal representative of such estate or of such ward shall
  10-16  present to the court his verified account for final settlement.  In
  10-17  such account it shall be sufficient to refer to the inventory
  10-18  without describing each item of property in detail, and to refer to
  10-19  and adopt any and all proceedings had in the administration or
  10-20  guardianship, as the case may be, concerning sales, renting or
  10-21  hiring, leasing for mineral development, or any other transactions
  10-22  on behalf of the estate or of the ward, as the case may be,
  10-23  including exhibits, accounts, and vouchers previously filed and
  10-24  approved, without restating the particular items thereof.  Each
  10-25  final account, however, shall be accompanied by proper vouchers in
  10-26  support of each item thereof not already accounted for and shall
  10-27  show, either by reference to any proceedings authorized above or by
   11-1  statement of the facts:
   11-2              (a)  As to Estates of Decedents.
   11-3                    1.  The property belonging to the estate which
   11-4  has come into the hands of the executor or administrator.
   11-5                    2.  The disposition that has been made of such
   11-6  property.
   11-7                    3.  The debts that have been paid.
   11-8                    4.  The debts and expenses, if any, still owing
   11-9  by the estate.
  11-10                    5.  The property of the estate, if any, still
  11-11  remaining on hand.
  11-12                    6.  The persons entitled to receive such estate,
  11-13  their relationship to the decedent, and their residence, if known,
  11-14  and whether adults or minors, and, if minors, the names of their
  11-15  guardians, if any.
  11-16                    7.  All advancements or payments that have been
  11-17  made, if any, by the executor or administrator from such estate to
  11-18  any such person.
  11-19                    8.  The tax returns due that have been filed and
  11-20  the taxes due and owing that have been paid and a complete account
  11-21  of the amount of taxes, the date the taxes were paid, and the
  11-22  governmental entity to which the taxes were paid.
  11-23                    9.  If any tax return due to be filed or any
  11-24  taxes due to be paid are delinquent on the filing of the account, a
  11-25  detailed description of the delinquency and the reasons for the
  11-26  delinquency.
  11-27              (b)  As to Estates of Wards.
   12-1                    1.  The property, rents, revenues, and profits
   12-2  received by the guardian, and belonging to his ward, during his
   12-3  guardianship.
   12-4                    2.  The disposition made of such property, rents,
   12-5  revenues, and profits.
   12-6                    3.  The expenses and debts, if any, against the
   12-7  estate remaining unpaid.
   12-8                    4.  The tax returns due that have been filed and
   12-9  the taxes due and owing that have been paid and a complete account
  12-10  of the amount of taxes, the date the taxes were paid, and the
  12-11  governmental entity to which the taxes were paid.
  12-12                    5.  If any tax return due to be filed or any
  12-13  taxes due to be paid are delinquent on the filing of the account of
  12-14  taxes paid, a detailed description of the delinquency and the
  12-15  reasons for the delinquency.
  12-16                    6.  The property of the estate remaining in the
  12-17  hands of such guardian, if any.
  12-18                    7. <5.>  Such other facts as appear necessary to
  12-19  a full and definite understanding of the exact condition of the
  12-20  guardianship.
  12-21        SECTION 8.  Chapter 38, Penal Code, is amended by adding
  12-22  Section 38.19 to read as follows:
  12-23        Sec. 38.19.  INTERFERENCE WITH SERVICE OF CITATION ON
  12-24  PROPOSED WARD.  (a)  In this section, "conspires to commit" has the
  12-25  meaning assigned by Section 71.01(b) of this code.
  12-26        (b)  A person commits an offense if the person:
  12-27              (1)  intentionally interferes with the service of
   13-1  personal citation on a proposed ward in a guardianship proceeding;
   13-2  or
   13-3              (2)  conspires to commit an offense under this section.
   13-4        (c)  An offense under this section is a Class A misdemeanor.
   13-5        SECTION 9.  The Texas Probate Code is amended by adding
   13-6  Chapter XII to read as follows:
   13-7                    CHAPTER XII.  INFORMAL PROBATE
   13-8    PART 1.  INFORMAL PROBATE WITH AND WITHOUT ISSUANCE OF LETTERS
   13-9        Sec. 501.  TIME TO FILE APPLICATION FOR INFORMAL PROBATE.
  13-10  (a)  An applicant may file an application for the informal probate
  13-11  of a will with the court clerk not earlier than the 30th day after
  13-12  the date of the testator's death.
  13-13        (b)  A will may not be admitted for informal probate after
  13-14  the fourth anniversary of the date of the testator's death unless
  13-15  the applicant shows that the applicant was not aware of the will's
  13-16  existence and did not cause the failure to timely file the will for
  13-17  probate.
  13-18        Sec. 502.  ELIGIBLE APPLICANTS FOR INFORMAL PROBATE; VENUE.
  13-19  (a)  An executor, alternate, devisee, or legatee named in a will
  13-20  may make an application for the informal probate of the will.
  13-21        (b)  The applicant may file the application in the county in
  13-22  which the testator was domiciled on the date of death or in the
  13-23  county in which the estate assets are located.
  13-24        Sec. 503.  REQUIREMENTS FOR INFORMAL PROBATE.  (a)  An
  13-25  applicant may file a will for informal probate with the court
  13-26  clerk:
  13-27              (1)  if:
   14-1                    (A)  all of the estate's known debts have been
   14-2  satisfied;
   14-3                    (B)  all existing and outstanding debts are
   14-4  secured on real or personal property through certificates of title
   14-5  or by Uniform Commercial Code filings; or
   14-6                    (C)  the applicant notifies all creditors of the
   14-7  estate by certified or registered mail of the filing; and
   14-8              (2)  if:
   14-9                    (A)  an application has not been filed and is not
  14-10  pending under Section 81, 82, 89, or 145 of this code; and
  14-11                    (B)  the applicant files an affidavit of a
  14-12  disinterested witness that contains the proof of facts required to
  14-13  probate a will under Sections 88(a) and (b) of this code.
  14-14        (b)  The applicant submits personally to the jurisdiction of
  14-15  the probate court in any proceeding for relief relating to the
  14-16  informal probate proceeding and distribution of assets and to the
  14-17  suit in the probate court for any actions taken while administering
  14-18  estate assets, including a civil action for perjury or fraud
  14-19  relating to the application.
  14-20        Sec. 504.  CONTENTS OF APPLICATION.  (a)  An application for
  14-21  informal probate of a will must be under oath and must establish:
  14-22              (1)  that 30 days have elapsed after the date of the
  14-23  testator's death;
  14-24              (2)  that all debts of the estate have been satisfied
  14-25  or are properly secured or all creditors have received notice of
  14-26  the application's filing;
  14-27              (3)  that the total gross fair market value of the
   15-1  estate, including  real and personal property but not including
   15-2  homestead or exempt property, did not exceed $50,000 on the date
   15-3  the application was prepared;
   15-4              (4)  that the court has venue;
   15-5              (5)  to the applicant's knowledge and belief, that the
   15-6  will being offered for informal probate has never been revoked; and
   15-7              (6)  to the applicant's knowledge and belief, that no
   15-8  person named in the will has objected to the offer of the will for
   15-9  informal probate.
  15-10        (b)  If the will is not available, the application must
  15-11  contain affidavits of the applicant and a disinterested person
  15-12  stating:
  15-13              (1)  the source of knowledge of the terms of the will;
  15-14              (2)  the reasons an original will is not available;
  15-15              (3)  the terms of the will;
  15-16              (4)  the date the will was executed; and
  15-17              (5)  the names of the witnesses to the execution of the
  15-18  will.
  15-19        (c)  The application must contain the social security number
  15-20  and present address of the applicant and the social security number
  15-21  and last known address of the testator.
  15-22        Sec. 505.  NOTICE.    (a)  Before filing an application for
  15-23  informal probate, the applicant shall give notice of the intent to
  15-24  file the application by certified or registered mail to all persons
  15-25  named in the will whose addresses are known or are reasonably
  15-26  ascertainable and to the decedent's surviving spouse and children
  15-27  and shall provide those persons a copy of the will.
   16-1        (b)  If a distributee named in the will is a minor or
   16-2  incompetent, the applicant shall notify the natural guardian of the
   16-3  minor or the guardian of the person of the incompetent distributee.
   16-4        (c)  The applicant shall file the return receipts or original
   16-5  returned notices with the application.
   16-6        (d)  Notice is not required under this section to a person
   16-7  who joins in the application for informal probate or to a person
   16-8  who waives notice if the person's sworn waiver of notice is filed
   16-9  with the application or is filed before the court considers the
  16-10  application.
  16-11        Sec. 506.  FILING OF WILL OR AFFIDAVIT; INVENTORY.  (a)  The
  16-12  applicant must file the will or an affidavit explaining the will's
  16-13  absence with the application.  The will remains in the custody of
  16-14  the court clerk unless removed by order of a proper court.
  16-15        (b)  The applicant shall prepare a sworn, full, and complete
  16-16  inventory of all assets required to be included in the testator's
  16-17  estate.  The applicant shall list all assets at the assets' fair
  16-18  market value at or about the time the application was prepared
  16-19  without reduction for any outstanding secured debts.  If the
  16-20  valuation of an asset is questioned, the court may, on its own
  16-21  motion or on request of an interested person, appoint an appraiser
  16-22  for the asset and order that the applicant deposit the cost of the
  16-23  appraisal in advance with the court clerk.  The applicant shall
  16-24  file the inventory with the application.  The inventory must:
  16-25              (1)  contain the information required by Sections 250
  16-26  and 251 of this code; and
  16-27              (2)  if the testator is survived by a spouse, identify
   17-1  the community assets and list the assets' one-half community value.
   17-2        (c)  The court clerk may not present the application to the
   17-3  judge of the court before the 11th day after the date the
   17-4  application is filed.  The court shall determine, in its
   17-5  discretion, whether the application meets the requirements for an
   17-6  application for informal probate and may admit the will for
   17-7  informal probate.
   17-8        (d)  If the court determines that the will is not admissible
   17-9  for informal probate, the denial is not a final adjudication of the
  17-10  validity of the will and does not preclude a subsequent application
  17-11  for probate of the will in a formal probate proceeding.
  17-12        Sec. 507.  LIMITED LETTERS TESTAMENTARY.  (a)  An executor,
  17-13  alternate, devisee, or legatee named in a will may request in an
  17-14  application for the informal probate of the will that the clerk of
  17-15  the probate court issue limited letters testamentary to the
  17-16  applicant for the purpose of transferring title to the assets or
  17-17  interests in the assets of the testator's estate, including any
  17-18  increases to the assets that accrued after the date of the
  17-19  testator's death and that are specifically identified and described
  17-20  in the inventory included in the application or any subsequently
  17-21  filed amended or supplemental inventory.
  17-22        (b)  The letters or a certified copy of the inventory
  17-23  attached to the letters must identify the assets subject to
  17-24  transfer under the letters.
  17-25        (c)  A transfer or an attempt to transfer title to assets of
  17-26  the estate not identified in the letters, including any increases
  17-27  to the assets that may have accrued after the date of the
   18-1  testator's death, is void.
   18-2        (d)  Limited letters are valid for one year after the date of
   18-3  the application's approval.
   18-4        (e)  The judge of the court that issued the original letters
   18-5  may order the issuance of additional letters.  The order for
   18-6  additional letters must contain the date that those letters expire.
   18-7  Additional letters are not renewable.
   18-8        Sec. 508.  REVIEW OF APPLICATION FOR INFORMAL PROBATE.
   18-9  (a)  The court in which an application for informal probate has
  18-10  been filed shall determine whether:
  18-11              (1)  the application is complete;
  18-12              (2)  the applicant has acknowledged that all statements
  18-13  of fact contained in the application are true and correct;
  18-14              (3)  the applicant is an executor, alternate, devisee,
  18-15  or legatee named in the will;
  18-16              (4)  venue is correct;
  18-17              (5)  an original, duly executed will or the affidavits
  18-18  required by Section 504 of this code are filed with the
  18-19  application;
  18-20              (6)  copies of required notices or waivers by persons
  18-21  named in the will and the surviving spouse, children, and creditors
  18-22  are attached to the application;
  18-23              (7)  an objection has not been made to the request for
  18-24  informal probate by any creditor or person named in the will;
  18-25              (8)  the time for applying for an informal probate has
  18-26  not expired;
  18-27              (9)  the application contains the required information;
   19-1  and
   19-2              (10)  an appraiser is necessary to determine the value
   19-3  of any asset.
   19-4        (b)  The court shall deny the application if:
   19-5              (1)  a personal representative has been appointed in
   19-6  another county;
   19-7              (2)  except as provided by Subsection (d) of this
   19-8  section, this or another will of the decedent has been the subject
   19-9  of a previous probate order in this state; or
  19-10              (3)  the court, in its discretion, determines formal
  19-11  probate is necessary.
  19-12        (c)  The court may probate a will that is a self-proved will
  19-13  under Section 59 of this code without further proof.  If the will
  19-14  is not self-proving under Section 59 of this code, the court may,
  19-15  in the absence of an objection, presume compliance with Section 59
  19-16  of this code if the will is filed with a sworn statement or
  19-17  affidavit of a person having personal knowledge of the
  19-18  circumstances of the execution of the will, whether or not the
  19-19  person was a witness to the will.
  19-20        (d)  A court may informally probate at any time a will that
  19-21  has been probated by the court of another state on the written
  19-22  application of a representative, devisee, or legatee named in the
  19-23  will.  The applicant shall file an authenticated copy of the will
  19-24  and foreign proceedings in place of the original will.
  19-25        Sec. 509.  EFFECT OF INFORMAL PROBATE.  (a)  A person who
  19-26  makes a payment or transfers property under the terms of a will
  19-27  admitted to informal probate or under limited letters is released
   20-1  from liability or responsibility to the same extent as if the
   20-2  payment or transfer had been made to the personal representative of
   20-3  an estate.  The person is not required to see the application for
   20-4  informal probate or to inquire into the truth of any statement
   20-5  contained in the application for informal probate.  The person to
   20-6  whom the ultimate payment or transfer of an asset is made under the
   20-7  terms of the will is responsible for the asset and is liable to a
   20-8  personal representative, a creditor of the testator, or any person
   20-9  having a superior right or claim of possession or ownership to the
  20-10  asset.
  20-11        (b)  A representative or beneficiary under an informally
  20-12  probated will who acquires property under the will may be liable to
  20-13  the extent of the value of the property actually acquired to a
  20-14  person or creditor of the estate with a superior right or claim to
  20-15  the property for damages caused by the transfer of the property to
  20-16  the representative or beneficiary under the terms of the will.
  20-17        (c)  If a person who is entitled to property of the estate,
  20-18  including the representative, a creditor, a beneficiary, or a
  20-19  guardian, makes a written demand by certified or registered mail
  20-20  containing a certified copy of the probated will and order
  20-21  admitting the will or limited letters to a person in possession of
  20-22  estate property and the person refuses or fails to deliver or
  20-23  transfer the property before the 31st day after the date of the
  20-24  demand, the person who is entitled to the property may file a show
  20-25  cause action in the court that probated the will to recover the
  20-26  property.  The person entitled to the property may recover the fair
  20-27  market value of the property, reasonable damages for the loss of
   21-1  use of the property, reasonable attorney fees, and costs of court.
   21-2        (d)  If a beneficiary under a will is a minor or an
   21-3  incompetent without a guardian of the minor's or incompetent's
   21-4  estate, all cash, stocks, bonds, or personal property that can be
   21-5  converted to cash to which the beneficiary is entitled may not be
   21-6  distributed to the natural guardian or guardian of the person.  The
   21-7  representative of the estate shall convert the assets to cash and
   21-8  deposit the cash in the court registry until a legal guardian of an
   21-9  estate is appointed or shall deposit the cash as provided by
  21-10  Section 144 of this code for the benefit of the ward.
  21-11        Sec. 510.  TIME TO CONTEST VALIDITY OF WILL.  (a)  Except as
  21-12  provided by Subsection (b) or (c) of this section, an interested
  21-13  person may file suit to contest the validity of a will admitted to
  21-14  informal probate not later than two years after the date the will
  21-15  was admitted.
  21-16        (b)  An interested person may institute suit to contest the
  21-17  validity of a will admitted to informal probate for forgery or
  21-18  other fraud not later than two years after the date the forgery or
  21-19  fraud is discovered.
  21-20        (c)  A minor or incompetent person may file suit to contest
  21-21  the validity of a will admitted to informal probate not later than
  21-22  two years after the date the disabilities of the minor or
  21-23  incompetent are removed.
  21-24                PART 2.  INFORMAL PROBATE WITHOUT WILL
  21-25        Sec. 520.  TIME TO FILE INFORMAL DISTRIBUTION APPLICATION.
  21-26  (a)  Except as provided by Subsection (b) of this section, if a
  21-27  decedent dies without a will, the distributees of a decedent may
   22-1  file an application requesting informal distribution of the
   22-2  decedent's estate with the court clerk not earlier than the 30th
   22-3  day after the date of the decedent's death.
   22-4        (b)  The distributees may request informal distribution at
   22-5  any time if the distributees can show:
   22-6              (1)  a necessity to receive or recover funds or other
   22-7  property in this state that were due or owned by the decedent at
   22-8  the time of death; and
   22-9              (2)  the distributees' actions were not the cause for
  22-10  any unreasonable delay in filing the request.
  22-11        Sec. 521.  ELIGIBLE APPLICANTS.  (a)  Except as provided by
  22-12  Subsection (b) of this section, all persons entitled to receive the
  22-13  decedent's property under Section 38 of this code shall join in the
  22-14  application for informal distribution of the estate.
  22-15        (b)  If the decedent is survived by a spouse or adult
  22-16  children and only community assets exist, the surviving spouse is
  22-17  not required to join in the application.  If the spouse has not
  22-18  joined in the application, the distributees shall notify the spouse
  22-19  by certified or registered mail of the distributees' intention to
  22-20  file the application.  The distributees shall attach proof of the
  22-21  notice to the application before filing.
  22-22        (c)  If a distributee of the decedent's estate is a minor or
  22-23  incompetent, the natural guardian of the minor or the legal
  22-24  guardian of the person or of an incompetent distributee must join
  22-25  in the application.
  22-26        Sec. 522.  REQUIREMENTS FOR INFORMAL DISTRIBUTION.  (a)  The
  22-27  distributees may file an application for informal distribution only
   23-1  if:
   23-2              (1)  all of the estate's known debts have been
   23-3  satisfied;
   23-4              (2)  all existing and outstanding debts against the
   23-5  estate are secured on real or personal property through
   23-6  certificates of title or by Uniform Commercial Code filings; or
   23-7              (3)  all known or ascertainable creditors have been
   23-8  provided notice by certified or registered mail of the
   23-9  distributees' intention to file the application and have not filed
  23-10  an objection not later than the fifth day after the date of receipt
  23-11  of notice.
  23-12        (b)  The distributees shall file all return receipts of
  23-13  notices with the application.
  23-14        (c)  The court clerk may accept the application for filing
  23-15  if:
  23-16              (1)  an application has not been filed under Section 82
  23-17  or 162 of this code; and
  23-18              (2)  a proceeding to determine heirship has not been
  23-19  instituted under Section 48 of this code in this state.
  23-20        (d)  The distributees submit personally to the jurisdiction
  23-21  of the probate court in any proceeding for relief relating to the
  23-22  distribution of assets and to suit in the probate court for any
  23-23  actions taken in the collection of assets, including civil actions
  23-24  for perjury or fraud relating to the application.
  23-25        Sec. 523.  CONTENTS OF APPLICATION.  (a)  An application for
  23-26  informal distribution must be under oath and must establish that:
  23-27              (1)  30 days have elapsed after the date of death of
   24-1  the decedent;
   24-2              (2)  the gross fair market value of the decedent's
   24-3  estate, including real and personal property but not including
   24-4  homestead or exempt property, did not exceed $50,000 on the date
   24-5  the application was prepared;
   24-6              (3)  venue is proper in the court because the decedent
   24-7  was domiciled in or the estate's principal assets are located in
   24-8  the county in which the application is filed;
   24-9              (4)  another proceeding for disposition of the
  24-10  decedent's assets has not been instituted in any other county of
  24-11  this state or in a foreign jurisdiction; and
  24-12              (5)  all known or reasonably ascertained creditors of
  24-13  the decedent have been notified of this proceeding.
  24-14        (b)  The application must contain:
  24-15              (1)  the social security number and current address of
  24-16  each distributee and the social security number and last known
  24-17  address of the decedent; and
  24-18              (2)  the sworn statements of two disinterested
  24-19  witnesses who were well acquainted with the decedent stating the
  24-20  decedent's family history and identifying the decedent's heirs.
  24-21        Sec. 524.  NOTICE TO CREDITORS; ESTATE DEBTS.  (a)  Except as
  24-22  provided by Subsection (b) of this section, the distributees shall
  24-23  provide by certified or registered mail a copy of the proposed
  24-24  application for informal distribution to all unsecured creditors of
  24-25  the estate whose addresses are known or are reasonably
  24-26  ascertainable by due diligence.  The distributees shall attach
  24-27  return receipts or original returned notices to the application
   25-1  before filing.
   25-2        (b)  Notice to an unsecured creditor is not required if a
   25-3  distributee pays the debt owed to the creditor before filing the
   25-4  application or if a distributee assumes personal liability for the
   25-5  debt.
   25-6        (c)  The distributee shall file evidence of payment or
   25-7  assumption of the debt with the application.
   25-8        (d)  If a distributee has paid or assumed a debt of the
   25-9  estate, the distributee may obtain reimbursement from any
  25-10  unencumbered estate assets up to the amount of the paid or assumed
  25-11  debts.
  25-12        Sec. 525.  INVENTORY; APPRAISAL.  (a)  The application must
  25-13  contain an inventory and list of claims as described by Sections
  25-14  250 and 251 of this code.
  25-15        (b)  Assets must be listed at the assets' fair market value
  25-16  at or about the time the application was prepared without reduction
  25-17  for any outstanding secured debts.
  25-18        (c)  If the valuation of an asset is questioned by an
  25-19  interested person or the court, the court may, on its own motion or
  25-20  on request of an interested person, appoint an appraiser for the
  25-21  asset and order the distributees to deposit equal shares of the
  25-22  cost of the appraisal in advance with the court clerk.
  25-23        Sec. 526.  PROCEDURES FOR INFORMAL DISTRIBUTION.  (a)  The
  25-24  distributees shall prepare a sworn, full, and complete inventory of
  25-25  all assets of the decedent's estate that are required to be
  25-26  included in the decedent's estate or that came to the distributees'
  25-27  possession or knowledge.  The distributees shall file the inventory
   26-1  with the application.  The inventory must:
   26-2              (1)  contain the information required by Sections 250
   26-3  and 251 of this code; and
   26-4              (2)  if the decedent is survived by a spouse, identify
   26-5  the community assets and list the assets' one-half community value.
   26-6        (b)  The court clerk may not present the application to the
   26-7  judge of the court before the 11th day after the date the
   26-8  application is filed.  The court, in its discretion, shall
   26-9  determine whether the application meets the requirements of this
  26-10  section and Sections 520 through 525 of this code and may accept
  26-11  the application for informal distribution.
  26-12        (c)  If the court does not accept the application for
  26-13  informal distribution, the denial does not preclude a subsequent
  26-14  application for an intestate probate proceeding.
  26-15        Sec. 527.  REVIEW OF APPLICATION FOR INFORMAL DISTRIBUTION.
  26-16  (a)  The court in which the application for informal distribution
  26-17  has been filed shall determine whether:
  26-18              (1)  all heirs of the decedent have joined in the
  26-19  application;
  26-20              (2)  all creditors of the decedent have been notified
  26-21  of the filing of the application or debts have been paid or
  26-22  assumed;
  26-23              (3)  the application is properly sworn to by all
  26-24  parties and witnesses;
  26-25              (4)  an objection to the application has been filed;
  26-26              (5)  venue is proper;
  26-27              (6)  adequate information has been provided to
   27-1  establish the heirship of the decedent's heirs;
   27-2              (7)  the assets of the decedent do not exceed $50,000,
   27-3  not including homestead and exempt property; and
   27-4              (8)  an appraiser is necessary to determine the value
   27-5  of any asset.
   27-6        (b)  The court shall deny the application if:
   27-7              (1)  a personal representative has been appointed in
   27-8  another county;
   27-9              (2)  a will has been admitted to probate in this or in
  27-10  a foreign jurisdiction;
  27-11              (3)  a will exists and has not been offered for
  27-12  probate; or
  27-13              (4)  an heirship proceeding has been instituted under
  27-14  Section 48 of this code.
  27-15        (c)  If the heirship testimony furnished is in dispute or
  27-16  ambiguous, the court, in its discretion, may deny the application
  27-17  and require the appointment of an administrator or institution of
  27-18  formal heirship proceedings.
  27-19        (d)  If an objection is filed by an heir or creditor, the
  27-20  court shall deny the application.
  27-21        (e)  If the debts of the decedent exceed the value of the
  27-22  assets, the court shall deny the application.
  27-23        (f)  A transfer of or an attempt to transfer title to any
  27-24  property or interest in assets of the estate or any increases to
  27-25  estate assets not identified in the inventory filed with the
  27-26  application or any subsequently filed amended or supplemental
  27-27  inventory is void.
   28-1        Sec. 528.  EFFECT OF INFORMAL DISTRIBUTION.  (a)  A person
   28-2  who makes a payment or transfers property under a court order
   28-3  approving the informal distribution of an estate is released from
   28-4  liability or responsibility to the same extent as if the payment or
   28-5  transfer had been made to the personal representative of an estate.
   28-6  A person who makes a payment or transfers property is not required
   28-7  to inquire into the truth of any statement contained in the
   28-8  application.
   28-9        (b)  A distributee receiving possession of an asset of the
  28-10  decedent is liable to the extent of the value of the asset received
  28-11  to a person or creditor having a superior right or claim of
  28-12  possession or ownership to the asset for damages caused by the
  28-13  payment or transfer of the asset under this section.
  28-14        (c)  If a person who is entitled to the property of the
  28-15  decedent, including a creditor, distributee, or guardian, makes a
  28-16  written demand by certified or registered mail containing a
  28-17  certified copy of the application and a court order of distribution
  28-18  to a person in possession of the property and the person fails or
  28-19  refuses to deliver or transfer the property before the 31st day
  28-20  after the date of the demand, the person entitled to the property
  28-21  may file a show cause action in the court that ordered the
  28-22  distribution to recover the property.  The person entitled to the
  28-23  property may recover the fair market value of the property,
  28-24  reasonable damages for the loss of use of the property, reasonable
  28-25  attorney fees, and costs of court.
  28-26        (d)  If a distributee is a minor or is an incompetent without
  28-27  a guardian of the minor's or incompetent's estate, all money,
   29-1  stocks, bonds, or transferable evidence of property to which the
   29-2  distributee is entitled may not be distributed to the natural
   29-3  guardian or guardian of the person.  The person in possession of
   29-4  the property shall deposit the property in the court registry or,
   29-5  if necessary, convert the property to money and deposit the money
   29-6  as provided by Section 144 of this code for the benefit of the
   29-7  ward.  The property shall remain deposited until a legal guardian
   29-8  of the estate is appointed.  Real property interests of a minor or
   29-9  incompetent may not be sold or converted under this subsection.
  29-10         PART 3.  EMERGENCY INTERVENTION PROCEEDINGS; FUNERAL
  29-11                          AND BURIAL EXPENSES
  29-12        Sec. 530.  TIME TO FILE EMERGENCY APPLICATION.  An applicant
  29-13  may file an application requesting emergency intervention by a
  29-14  court exercising  probate jurisdiction to provide for the payment
  29-15  of funeral and burial expenses or the protection and storage of
  29-16  personal property owned by the decedent that was located in rented
  29-17  accommodations on the date of the decedent's death with the clerk
  29-18  of the court in the county of domicile of the decedent not earlier
  29-19  than the third day after the date of the decedent's death and not
  29-20  later than the 90th day after the date of the decedent's death.
  29-21        Sec. 531.  ELIGIBLE APPLICANTS FOR EMERGENCY INTERVENTION.  A
  29-22  person qualified to serve as an administrator under Section 77 of
  29-23  this code may file an emergency intervention application.
  29-24        Sec. 532.  REQUIREMENTS FOR EMERGENCY INTERVENTION
  29-25  APPLICATION.  (a)  An application for emergency intervention must
  29-26  be sworn and must contain:
  29-27              (1)  the name, address, social security number, and
   30-1  interest of the applicant;
   30-2              (2)  the facts showing an immediate necessity for the
   30-3  issuance of an emergency intervention order by the court;
   30-4              (3)  the date of the decedent's death, place of death,
   30-5  decedent's residential address, and the name and address of the
   30-6  funeral home holding the decedent's remains;
   30-7              (4)  any known or ascertainable heirs of the decedent
   30-8  and the reason:
   30-9                    (A)  the heirs cannot be contacted; or
  30-10                    (B)  the heirs have refused to assist in the
  30-11  decedent's burial or protection of the decedent's personal
  30-12  property;
  30-13              (5)  a description of funeral and burial procedures
  30-14  necessary and a detailed and itemized description of the cost of
  30-15  the funeral and burial procedures;
  30-16              (6)  the name, location, and identification of property
  30-17  or persons in possession of the decedent's property; and
  30-18              (7)  the name and address of the owner or manager of
  30-19  the decedent's rented premises and whether access to the premises
  30-20  is necessary.
  30-21        (b)  If emergency intervention is necessary for funeral and
  30-22  burial, the application shall state whether any written
  30-23  instructions from the decedent relating to a funeral or burial
  30-24  exist.  The applicant shall attach the instructions to the
  30-25  application or file the instructions before the funeral or burial
  30-26  and fully comply with the instructions.  If written instructions do
  30-27  not exist, the applicant shall provide for the funeral and burial
   31-1  of the decedent unless the applicant obtains the court's permission
   31-2  to cremate the decedent's remains.
   31-3        Sec. 533.  ORDERS OF EMERGENCY INTERVENTION.  (a)  If the
   31-4  court determines on review of the application that emergency
   31-5  intervention is necessary, the court may order:
   31-6              (1)  funds of the decedent held by an employer,
   31-7  individual, or financial institution to be paid directly to a
   31-8  funeral home only for funeral and burial expenses not to exceed
   31-9  $5,000 as ordered by the court to provide the decedent with a
  31-10  reasonable, dignified, and appropriate funeral and burial;
  31-11              (2)  the applicant and the owner or agent of the
  31-12  decedent's rented accommodations to jointly prepare an inventory of
  31-13  the contents of the decedent's property and to file the inventory
  31-14  after the inventory is signed by both parties with the court; or
  31-15              (3)  the owner of the decedent's rented accommodations
  31-16  to deliver:
  31-17                    (A)  any will of the decedent discovered on the
  31-18  premises to the court clerk;
  31-19                    (B)  any life insurance policy of the decedent
  31-20  that names the applicant as sole beneficiary to the applicant;
  31-21                    (C)  other life insurance policies of the
  31-22  decedent to the court clerk; and
  31-23                    (D)  any deed to a burial plot of the decedent to
  31-24  the funeral home holding the decedent's remains.
  31-25        (b)  If the decedent's rental payments are delinquent, the
  31-26  owner of rented accommodations may hold the decedent's personal
  31-27  property as security for the payment of the delinquency until the
   32-1  90th day after the date of death of the decedent or until the date
   32-2  a court-appointed personal representative is qualified, whichever
   32-3  occurs first.
   32-4        (c)  If rental payments are not delinquent, the court may
   32-5  order the owner or agent of the owner to arrange for the storage of
   32-6  the decedent's property in a proper facility for the protection of
   32-7  the property.  The applicant for emergency intervention shall pay
   32-8  the costs of storage until the 90th day after the date the court's
   32-9  emergency intervention order was issued.  The court may order the
  32-10  reimbursement of storage expenses to the applicant from the
  32-11  decedent's estate.  A court may not order the release of any
  32-12  property to any person, other than a personal representative or to
  32-13  judicially determined heirs, beneficiaries, or distributees of the
  32-14  decedent.
  32-15        (d)  The court clerk may issue certified copies of an
  32-16  emergency intervention order on request of the applicant only until
  32-17  the 90th day after the date the order was issued or the date a
  32-18  personal representative is qualified, whichever occurs first.
  32-19        (e)  A person who is furnished with a certified copy of an
  32-20  emergency intervention order within the period described by
  32-21  Subsection (d) of this section is not personally liable for the
  32-22  person's actions that are taken in accordance with and in reliance
  32-23  on the order.
  32-24        Sec. 534.  ENFORCEMENT OF LIENS.  If a personal
  32-25  representative of the decedent's estate is not appointed or
  32-26  qualified before the 90th day after the date an emergency order is
  32-27  issued, all personal property held by a landlord or a warehouseman
   33-1  is subject to a landlord's lien under Subchapter C, Chapter 54,
   33-2  Property Code, and its subsequent amendments, or a warehouseman's
   33-3  lien under Sections 7.209 and 7.210, Business & Commerce Code, and
   33-4  their subsequent amendments.  A person in possession of personal
   33-5  property of the decedent received under an emergency intervention
   33-6  order may enforce the landlord's or warehouseman's lien after the
   33-7  90th day after the date the emergency intervention order is issued.
   33-8        Sec. 535.  TERMINATION.  All power and authority of an
   33-9  applicant under an emergency intervention order cease to be
  33-10  effective or enforceable on the 90th day after the date the order
  33-11  was issued or on the date a personal representative is qualified,
  33-12  whichever occurs first.
  33-13        SECTION 10.  Sections 137 and 138, Texas Probate Code, are
  33-14  repealed.
  33-15        SECTION 11.  The change in law made by this Act applies only
  33-16  to the estate of a person who dies on or after the effective date
  33-17  of this Act.  An estate of a person who dies before the effective
  33-18  date of this Act is covered by the law in effect on the date of the
  33-19  person's death, and the former law continues in effect for that
  33-20  purpose.
  33-21        SECTION 12.  This Act takes effect September 1, 1993.
  33-22        SECTION 13.  The importance of this legislation and the
  33-23  crowded condition of the calendars in both houses create an
  33-24  emergency and an imperative public necessity that the
  33-25  constitutional rule requiring bills to be read on three several
  33-26  days in each house be suspended, and this rule is hereby suspended.