S.B. No. 479
AN ACT
1-1 relating to certain matters of probate: the guardianship of a
1-2 person or an estate, informal probate of wills, informal
1-3 distribution of estates, emergency payment of burial expenses, and
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. Section 127A, Texas Probate Code, is amended to
1-7 read as follows:
1-8 Sec. 127A. GUARDIANSHIP OF MISSING PERSON <MISSING ON PUBLIC
1-9 SERVICE>. (a) Not less than six months after a person is reported
1-10 by an executive department of the United States to be a prisoner of
1-11 war or missing on the public service of the United States, any
1-12 person may file a written application for the appointment of a
1-13 guardian of the person of the missing person in the court of the
1-14 county of residence of the missing person's spouse or, if there is
1-15 no spouse, in the county of residence of a parent or child of the
1-16 missing person, or if there is no parent or child, in the county of
1-17 residence of the missing person's next of kin.
1-18 (b) If a person is discovered to be missing and there is
1-19 good cause, as evidenced by a police or other law enforcement
1-20 agency report or by testimony in open court by a peace officer, to
1-21 believe that the person is a victim of violence, any person may
1-22 file a written application for appointment of a temporary guardian
1-23 of the estate of the missing person.
1-24 (c) An <The> application under this section shall state:
2-1 (1) the name, sex, and last known residence of the
2-2 person for whom the appointment of a guardian is sought;
2-3 (2) in the case of a person reported missing under
2-4 Subsection (a) of this section, the executive department issuing
2-5 the report, the date of the report, and the last known whereabouts
2-6 of the missing person;
2-7 (3) the names and addresses of the missing person's
2-8 spouse, children, and parents or, if there is no spouse, child, or
2-9 parent, the name and address of the person's next of kin and facts
2-10 that show that the court has venue of the proceeding;
2-11 (4) the reason for the appointment and the interest of
2-12 the applicant in the appointment; and
2-13 (5) the name, relationship, and address of the person
2-14 whom the applicant desires to have appointed as guardian.
2-15 (d) <(c)> The court shall appoint an attorney to represent
2-16 the interests of the missing person and shall allow the attorney a
2-17 reasonable fee, not to exceed $25, for his services to be taxed as
2-18 part of the costs.
2-19 (e) <(d)> The attorney appointed to represent the interests
2-20 <interest> of the missing person shall be personally served with
2-21 citation to appear and answer the application for the appointment
2-22 of a guardian. The clerk of the court shall issue a notice setting
2-23 forth that an application has been filed for the guardianship of
2-24 the person or of the estate of the missing person and by whom the
2-25 application is made. The notice shall cite all persons interested
2-26 in the welfare of that person to appear at the time and place
2-27 stated in the notice and contest the application, if they so
3-1 desire. The notice shall be served by posting, and the sheriff or
3-2 other officer posting the notice shall return the original, signed
3-3 officially, stating thereon in writing the time and place that he
3-4 posted the copy of the notice. In addition to posting the notice,
3-5 a copy of the notice shall be mailed by registered or certified
3-6 mail to the spouse, to each child, to each parent of the missing
3-7 person, and to any other person that the court deems appropriate.
3-8 (f) <(e)> Any person has the right to appear and contest the
3-9 appointment of a particular person as guardian of the missing
3-10 person or of the estate of the missing person, or to contest any
3-11 guardianship proceeding which he deems to be injurious to the
3-12 missing person or to the estate of the missing person, or to
3-13 commence a guardianship proceeding which he deems beneficial to the
3-14 missing person or to the estate of the missing person.
3-15 (g) <(f)> Before appointing a guardian, the court must find:
3-16 (1) in the case of a person reported missing under
3-17 Subsection (a) of this section, that the person has been reported
3-18 missing by an executive department of the United States and still
3-19 is missing;
3-20 (2) that the court has venue of the proceeding and
3-21 that there is not an existing guardianship of this person or of the
3-22 estate of the person;
3-23 (3) that the person applying for appointment as the
3-24 guardian is a proper person to act as the guardian; <and>
3-25 (4) in the case of a person missing under Subsection
3-26 (b) of this section, that the person applying for appointment as
3-27 guardian has not been and is not presently under investigation by a
4-1 police or law enforcement agency in connection with the
4-2 disappearance of the missing person; and
4-3 (5) that the rights of the missing person or the
4-4 interests of the missing person's estate will be protected by the
4-5 appointment of the guardian.
4-6 (h)(1) A temporary guardian appointed for a person missing
4-7 under Subsection (b) of this section must post a bond as required
4-8 for a temporary guardian of any other ward. The temporary guardian
4-9 has the same authority to handle the affairs of the missing person
4-10 under court supervision as a temporary guardian has for any other
4-11 ward.
4-12 (2) A temporary guardianship under this subsection
4-13 continues until the:
4-14 (A) death of the missing person is confirmed;
4-15 (B) missing person is declared legally dead
4-16 under applicable statutes;
4-17 (C) missing person returns;
4-18 (D) whereabouts of the missing person is
4-19 determined; or
4-20 (E) guardianship is no longer necessary for any
4-21 other reason.
4-22 (i) <(g)> After the hearing, the court shall dismiss the
4-23 application or enter an order appointing a guardian to protect the
4-24 rights of the missing person or the interests of the missing
4-25 person's estate and may impose in the order any conditions or
4-26 restrictions it deems necessary to protect the rights of the
4-27 missing person or the interests of the missing person's estate. In
5-1 appointing the guardian, the court shall give preference to the
5-2 spouse of the missing person, and if there is no spouse shall give
5-3 preference to parents and children of the missing person.
5-4 (j) <(h)> The jurisdiction of the court over the
5-5 guardianship is continuing. If the missing person returns or, in
5-6 the case of a temporary guardianship under Subsection (h) of this
5-7 section, if any of the events listed in Subsection (h)(2) of this
5-8 section occur, on motion of any interested person after a notice,
5-9 stating that the motion has been filed and specifying the date of a
5-10 hearing, has been issued and served on the formerly missing person
5-11 as in other cases, the court shall amend or vacate the original
5-12 order of guardianship. A copy of the motion shall accompany the
5-13 notice.
5-14 SECTION 2. Part 4, Chapter V, Texas Probate Code, is amended
5-15 by adding Section 129A to read as follows:
5-16 Sec. 129A. SERVICE BY PUBLICATION OR OTHER SUBSTITUTED
5-17 SERVICE. Notwithstanding any other provisions of this part of this
5-18 chapter, if an attempt to make service under this part of this
5-19 chapter is unsuccessful, service may be made in the manner provided
5-20 by Rule 109 or 109a, Texas Rules of Civil Procedure, for the
5-21 service of a citation on a party by publication or other
5-22 substituted service.
5-23 SECTION 3. Section 157, Texas Probate Code, is amended to
5-24 read as follows:
5-25 Sec. 157. When Spouse Incompetent. Whenever a husband or
5-26 wife is judicially declared to be incompetent, the other spouse, in
5-27 the capacity of surviving partner of the marital partnership,
6-1 thereupon acquires full power to manage, control, and dispose of
6-2 the entire community estate, including the part which the
6-3 incompetent spouse would legally have power to manage in the
6-4 absence of such incompetency, and no administration, community or
6-5 otherwise, shall be necessary if the court finds that it is in the
6-6 best interest of the incompetent spouse not to require
6-7 administration of the estate and that the competent spouse is not
6-8 disqualified under Section 110 of this code to serve as guardian.
6-9 Guardianship of the estate of the incompetent spouse shall not be
6-10 necessary when the other spouse is competent and the court finds
6-11 that it is in the best interest of the incompetent spouse not to
6-12 require a guardianship of the estate and that the competent spouse
6-13 is not disqualified under Section 110 of this code to serve as
6-14 guardian unless the incompetent spouse owns separate property, and
6-15 then as to such separate property only. The qualification of a
6-16 guardian of the separate estate of an incompetent spouse does not
6-17 deprive the competent spouse of the right to manage, control, and
6-18 dispose of the entire community estate as provided in this code
6-19 <Code>.
6-20 SECTION 4. Subsection (a), Section 399, Texas Probate Code,
6-21 is amended to read as follows:
6-22 (a) Estates of Decedents and Wards Being Administered Under
6-23 Order of Court. The personal representative of the estate of a
6-24 decedent or ward being administered under order of court shall,
6-25 upon the expiration of twelve (12) months from the date of
6-26 qualification and receipt of letters, return to the court an
6-27 exhibit in writing under oath setting forth a list of all claims
7-1 against the estate that were presented to him within the period
7-2 covered by the account, specifying which have been allowed by him,
7-3 which have been paid, which have been rejected and the date when
7-4 rejected, which have been sued upon, and the condition of the suit,
7-5 and show:
7-6 (1) All property that has come to his knowledge or
7-7 into his possession not previously listed or inventoried as
7-8 property of the estate or ward, as the case may be.
7-9 (2) Any changes in the property of the estate or ward
7-10 which have not been previously reported.
7-11 (3) A complete account of receipts and disbursements
7-12 for the period covered by the account, and the source and nature
7-13 thereof, with receipts of principal and income to be shown
7-14 separately.
7-15 (4) A complete, accurate and detailed description of
7-16 the property being administered, the condition of the property and
7-17 the use being made thereof, and, if rented, the terms upon and the
7-18 price for which rented.
7-19 (5) The cash balance on hand and the name and location
7-20 of the depository wherein such balance is kept; also, any other
7-21 sums of cash in savings accounts or other form, deposited subject
7-22 to court order, and the name and location of the depository
7-23 thereof.
7-24 (6) A detailed description of personal property of the
7-25 estate, which shall, with respect to bonds, notes, and other
7-26 securities, include the names of obligor and obligee, or if payable
7-27 to bearer, so state; the date of issue and maturity; the rate of
8-1 interest; serial or other identifying numbers; in what manner the
8-2 property is secured; and other data necessary to identify the same
8-3 fully, and how and where held for safekeeping.
8-4 (7) A statement that, during the period covered by the
8-5 account, all tax returns due have been filed and that all taxes due
8-6 and owing have been paid and a complete account of the amount of
8-7 the taxes, the date the taxes were paid, and the governmental
8-8 entity to which the taxes were paid.
8-9 (8) If any tax return due to be filed or any taxes due
8-10 to be paid are delinquent on the filing of the account, a
8-11 description of the delinquency and the reasons for the delinquency.
8-12 SECTION 5. Subsection (a), Section 404, Texas Probate Code,
8-13 is amended to read as follows:
8-14 (a) Administration of the estates of decedents and
8-15 guardianship of the persons and estates of wards shall be settled
8-16 and closed:
8-17 (1) when all the debts known to exist against the
8-18 estate of a deceased person have been paid, or when they have been
8-19 paid so far as the assets in the hands of an administrator or
8-20 executor of such estate will permit, and when there is no further
8-21 need for administration;
8-22 (2) when a minor ward dies, or becomes an adult by
8-23 becoming eighteen years of age, or by removal of disabilities of
8-24 minority according to the law of this state, or by marriage, or
8-25 when the necessity for guardianship no longer exists for other
8-26 reasons;
8-27 (3) when an incompetent ward dies, or is decreed as
9-1 provided by law to have been restored to sound mind or sober
9-2 habits, or, being married, when his or her spouse has qualified as
9-3 survivor in community;
9-4 (4) when a ward entitled to funds from a governmental
9-5 source dies, or when the court finds that the necessity for the
9-6 guardianship of that person has ended;
9-7 (5) when the estate of a ward becomes exhausted; <or>
9-8 (6) when the foreseeable income accruing to a ward or
9-9 to his estate is so negligible that maintaining the guardianship in
9-10 force would be burdensome; or
9-11 (7) when:
9-12 (A) a guardianship of the estate does not exist;
9-13 (B) a natural parent of the ward requests the
9-14 settlement and closing of the guardianship; and
9-15 (C) the court finds it is in the best interest
9-16 of the ward to settle and close the guardianship.
9-17 SECTION 6. Section 405, Texas Probate Code, is amended to
9-18 read as follows:
9-19 Sec. 405. Account for Final Settlement of Estates of
9-20 Decedents and Persons and Estates of Wards. When administration of
9-21 the estate of a decedent, or guardianship of person or estate, or
9-22 of the person and estate of a ward, is to be settled and closed,
9-23 the personal representative of such estate or of such ward shall
9-24 present to the court his verified account for final settlement. In
9-25 such account it shall be sufficient to refer to the inventory
9-26 without describing each item of property in detail, and to refer to
9-27 and adopt any and all proceedings had in the administration or
10-1 guardianship, as the case may be, concerning sales, renting or
10-2 hiring, leasing for mineral development, or any other transactions
10-3 on behalf of the estate or of the ward, as the case may be,
10-4 including exhibits, accounts, and vouchers previously filed and
10-5 approved, without restating the particular items thereof. Each
10-6 final account, however, shall be accompanied by proper vouchers in
10-7 support of each item thereof not already accounted for and shall
10-8 show, either by reference to any proceedings authorized above or by
10-9 statement of the facts:
10-10 (a) As to Estates of Decedents.
10-11 1. The property belonging to the estate which
10-12 has come into the hands of the executor or administrator.
10-13 2. The disposition that has been made of such
10-14 property.
10-15 3. The debts that have been paid.
10-16 4. The debts and expenses, if any, still owing
10-17 by the estate.
10-18 5. The property of the estate, if any, still
10-19 remaining on hand.
10-20 6. The persons entitled to receive such estate,
10-21 their relationship to the decedent, and their residence, if known,
10-22 and whether adults or minors, and, if minors, the names of their
10-23 guardians, if any.
10-24 7. All advancements or payments that have been
10-25 made, if any, by the executor or administrator from such estate to
10-26 any such person.
10-27 8. The tax returns due that have been filed and
11-1 the taxes due and owing that have been paid and a complete account
11-2 of the amount of taxes, the date the taxes were paid, and the
11-3 governmental entity to which the taxes were paid.
11-4 9. If any tax return due to be filed or any
11-5 taxes due to be paid are delinquent on the filing of the account, a
11-6 description of the delinquency and the reasons for the delinquency.
11-7 (b) As to Estates of Wards.
11-8 1. The property, rents, revenues, and profits
11-9 received by the guardian, and belonging to his ward, during his
11-10 guardianship.
11-11 2. The disposition made of such property, rents,
11-12 revenues, and profits.
11-13 3. The expenses and debts, if any, against the
11-14 estate remaining unpaid.
11-15 4. The tax returns due that have been filed and
11-16 the taxes due and owing that have been paid and a complete account
11-17 of the amount of taxes, the date the taxes were paid, and the
11-18 governmental entity to which the taxes were paid.
11-19 5. If any tax return due to be filed or any
11-20 taxes due to be paid are delinquent on the filing of the account of
11-21 taxes paid, a description of the delinquency and the reasons for
11-22 the delinquency.
11-23 6. The property of the estate remaining in the
11-24 hands of such guardian, if any.
11-25 7. <5.> Such other facts as appear necessary to
11-26 a full and definite understanding of the exact condition of the
11-27 guardianship.
12-1 SECTION 7. The Texas Probate Code is amended by adding
12-2 Chapter XII to read as follows:
12-3 CHAPTER XII. INFORMAL PROBATE
12-4 PART 1. INFORMAL PROBATE WITH AND WITHOUT ISSUANCE OF LETTERS
12-5 Sec. 501. TIME TO FILE APPLICATION FOR INFORMAL PROBATE.
12-6 (a) An applicant may file an application for the informal probate
12-7 of a will with the court clerk not earlier than the 30th day after
12-8 the date of the testator's death.
12-9 (b) A will may not be admitted for informal probate after
12-10 the fourth anniversary of the date of the testator's death unless
12-11 the applicant shows that the applicant was not aware of the will's
12-12 existence and did not cause the failure to timely file the will for
12-13 probate.
12-14 Sec. 502. ELIGIBLE APPLICANTS FOR INFORMAL PROBATE; VENUE.
12-15 (a) An executor, alternate, devisee, or legatee named in a will
12-16 may make an application for the informal probate of the will.
12-17 (b) The applicant may file the application in the county in
12-18 which the testator was domiciled on the date of death or in the
12-19 county in which the estate assets are located.
12-20 Sec. 503. REQUIREMENTS FOR INFORMAL PROBATE. (a) An
12-21 applicant may file a will for informal probate with the court
12-22 clerk:
12-23 (1) if:
12-24 (A) all of the estate's known debts have been
12-25 satisfied;
12-26 (B) all existing and outstanding debts are
12-27 secured on real or personal property through certificates of title
13-1 or by Uniform Commercial Code filings; or
13-2 (C) the applicant notifies all creditors of the
13-3 estate by certified or registered mail of the filing; and
13-4 (2) if:
13-5 (A) an application has not been filed and is not
13-6 pending under Section 81, 82, 89, or 145 of this code; and
13-7 (B) the applicant files an affidavit of a
13-8 disinterested witness that contains the proof of facts required to
13-9 probate a will under Sections 88(a) and (b) of this code.
13-10 (b) The applicant submits personally to the jurisdiction of
13-11 the probate court in any proceeding for relief relating to the
13-12 informal probate proceeding and distribution of assets and to the
13-13 suit in the probate court for any actions taken while administering
13-14 estate assets, including a civil action for perjury or fraud
13-15 relating to the application.
13-16 Sec. 504. CONTENTS OF APPLICATION. (a) An application for
13-17 informal probate of a will must be under oath and must establish:
13-18 (1) that 30 days have elapsed after the date of the
13-19 testator's death;
13-20 (2) that all debts of the estate have been satisfied
13-21 or are properly secured or all creditors have received notice of
13-22 the application's filing;
13-23 (3) that the total gross fair market value of the
13-24 estate, including real and personal property but not including
13-25 homestead or exempt property, did not exceed $50,000 on the date
13-26 the application was prepared;
13-27 (4) that the court has venue;
14-1 (5) to the applicant's knowledge and belief, that the
14-2 will being offered for informal probate has never been revoked; and
14-3 (6) to the applicant's knowledge and belief, that no
14-4 person named in the will has objected to the offer of the will for
14-5 informal probate.
14-6 (b) The application must contain the social security number
14-7 and present address of the applicant and the social security number
14-8 and last known address of the testator.
14-9 Sec. 505. NOTICE. (a) Before filing an application for
14-10 informal probate, the applicant shall give notice of the intent to
14-11 file the application by certified or registered mail to all persons
14-12 named in the will whose addresses are known or are reasonably
14-13 ascertainable and to the decedent's surviving spouse and children
14-14 and shall provide those persons a copy of the will.
14-15 (b) If a distributee named in the will is a minor or
14-16 incompetent, the applicant shall notify the natural guardian of the
14-17 minor or the guardian of the person of the incompetent distributee.
14-18 (c) The applicant shall file the return receipts or original
14-19 returned notices with the application.
14-20 (d) Notice is not required under this section to a person
14-21 who joins in the application for informal probate or to a person
14-22 who waives notice if the person's sworn waiver of notice is filed
14-23 with the application or is filed before the court considers the
14-24 application.
14-25 Sec. 506. FILING OF WILL OR AFFIDAVIT; INVENTORY. (a) The
14-26 applicant must file the will. The will remains in the custody of
14-27 the court clerk unless removed by order of a proper court.
15-1 (b) The applicant shall prepare a sworn, full, and complete
15-2 inventory of all assets required to be included in the testator's
15-3 estate. The applicant shall list all assets at the assets' fair
15-4 market value at or about the time the application was prepared
15-5 without reduction for any outstanding secured debts. If the
15-6 valuation of an asset is questioned, the court may, on its own
15-7 motion or on request of an interested person, appoint an appraiser
15-8 for the asset and order that the applicant deposit the cost of the
15-9 appraisal in advance with the court clerk. The applicant shall
15-10 file the inventory with the application. The inventory must:
15-11 (1) contain the information required by Sections 250
15-12 and 251 of this code; and
15-13 (2) if the testator is survived by a spouse, identify
15-14 the community assets and list the assets' one-half community value.
15-15 (c) The court clerk may not present the application to the
15-16 judge of the court before the 11th day after the date the
15-17 application is filed. The court shall determine, in its
15-18 discretion, whether the application meets the requirements for an
15-19 application for informal probate and may admit the will for
15-20 informal probate.
15-21 (d) If the court determines that the will is not admissible
15-22 for informal probate, the denial is not a final adjudication of the
15-23 validity of the will and does not preclude a subsequent application
15-24 for probate of the will in a formal probate proceeding.
15-25 Sec. 507. LIMITED LETTERS TESTAMENTARY. (a) An executor,
15-26 alternate, devisee, or legatee named in a will may request in an
15-27 application for the informal probate of the will that the clerk of
16-1 the probate court issue limited letters testamentary to the
16-2 applicant for the purpose of transferring title to the assets or
16-3 interests in the assets of the testator's estate, including any
16-4 increases to the assets that accrued after the date of the
16-5 testator's death and that are specifically identified and described
16-6 in the inventory included in the application or any subsequently
16-7 filed amended or supplemental inventory.
16-8 (b) The letters or a certified copy of the inventory
16-9 attached to the letters must identify the assets subject to
16-10 transfer under the letters.
16-11 (c) A transfer or an attempt to transfer title to assets of
16-12 the estate not identified in the letters, including any increases
16-13 to the assets that may have accrued after the date of the
16-14 testator's death, is void.
16-15 (d) Limited letters are valid for one year after the date of
16-16 the application's approval.
16-17 (e) The judge of the court that issued the original letters
16-18 may order the issuance of additional letters. The order for
16-19 additional letters must contain the date that those letters expire.
16-20 Additional letters are not renewable.
16-21 Sec. 508. REVIEW OF APPLICATION FOR INFORMAL PROBATE.
16-22 (a) The court in which an application for informal probate has
16-23 been filed shall determine whether:
16-24 (1) the application is complete;
16-25 (2) the applicant has acknowledged that all statements
16-26 of fact contained in the application are true and correct;
16-27 (3) the applicant is an executor, alternate, devisee,
17-1 or legatee named in the will;
17-2 (4) venue is correct;
17-3 (5) an original, duly executed will is filed with the
17-4 application;
17-5 (6) copies of required notices or waivers by persons
17-6 named in the will and the surviving spouse, children, and creditors
17-7 are attached to the application;
17-8 (7) an objection has not been made to the request for
17-9 informal probate by any creditor or person named in the will;
17-10 (8) the time for applying for an informal probate has
17-11 not expired;
17-12 (9) the application contains the required information;
17-13 and
17-14 (10) an appraiser is necessary to determine the value
17-15 of any asset.
17-16 (b) The court shall deny the application if:
17-17 (1) a personal representative has been appointed in
17-18 another county;
17-19 (2) except as provided by Subsection (d) of this
17-20 section, this or another will of the decedent has been the subject
17-21 of a previous probate order in this state; or
17-22 (3) the court, in its discretion, determines formal
17-23 probate is necessary.
17-24 (c) The court may probate a will that is a self-proved will
17-25 under Section 59 of this code without further proof. If the will
17-26 is not self-proving under Section 59 of this code, the court may,
17-27 in the absence of an objection, presume compliance with Section 59
18-1 of this code if the will is filed with a sworn statement or
18-2 affidavit of a witness to the execution of the will.
18-3 (d) A court may informally probate at any time a will that
18-4 has been probated by the court of another state on the written
18-5 application of a representative, devisee, or legatee named in the
18-6 will. The applicant shall file an authenticated copy of the will
18-7 and foreign proceedings in place of the original will.
18-8 Sec. 509. EFFECT OF INFORMAL PROBATE. (a) A person who
18-9 makes a payment or transfers property under the terms of a will
18-10 admitted to informal probate or under limited letters is released
18-11 from liability or responsibility to the same extent as if the
18-12 payment or transfer had been made to the personal representative of
18-13 an estate. The person is not required to see the application for
18-14 informal probate or to inquire into the truth of any statement
18-15 contained in the application for informal probate. The devisee of
18-16 an asset is liable to a personal representative, a creditor of the
18-17 testator, or any person having a superior right or claim of
18-18 possession or ownership to the asset.
18-19 (b) A representative or beneficiary under an informally
18-20 probated will who acquires property under the will may be liable to
18-21 the extent of the value of the property actually acquired to a
18-22 person or creditor of the estate with a superior right or claim to
18-23 the property for damages caused by the transfer of the property to
18-24 the representative or beneficiary under the terms of the will.
18-25 (c) If a person who is entitled to property of the estate,
18-26 including the representative, a creditor, a beneficiary, or a
18-27 guardian, makes a written demand by certified or registered mail
19-1 containing a certified copy of the probated will and order
19-2 admitting the will or limited letters to a person in possession of
19-3 estate property and the person refuses or fails to deliver or
19-4 transfer the property before the 31st day after the date of the
19-5 demand, the person who is entitled to the property may file a show
19-6 cause action in the court that probated the will to recover the
19-7 property. The person entitled to the property may recover the fair
19-8 market value of the property, reasonable damages for the loss of
19-9 use of the property, reasonable attorney fees, and costs of court.
19-10 (d) If a beneficiary under a will is a minor or an
19-11 incompetent without a guardian of the minor's or incompetent's
19-12 estate, all cash, stocks, bonds, or personal property that can be
19-13 converted to cash to which the beneficiary is entitled may not be
19-14 distributed to the natural guardian or guardian of the person. The
19-15 representative of the estate shall convert the assets to cash and
19-16 deposit the cash in the court registry until a legal guardian of an
19-17 estate is appointed or shall deposit the cash as provided by
19-18 Section 144 of this code for the benefit of the ward.
19-19 Sec. 510. TIME TO CONTEST VALIDITY OF WILL. (a) Except as
19-20 provided by Subsection (b) or (c) of this section, an interested
19-21 person may file suit to contest the validity of a will admitted to
19-22 informal probate not later than two years after the date the will
19-23 was admitted.
19-24 (b) An interested person may institute suit to contest the
19-25 validity of a will admitted to informal probate for forgery or
19-26 other fraud not later than two years after the date the forgery or
19-27 fraud is discovered.
20-1 (c) A minor or incompetent person may file suit to contest
20-2 the validity of a will admitted to informal probate not later than
20-3 two years after the date the disabilities of the minor or
20-4 incompetent are removed.
20-5 PART 2. EMERGENCY INTERVENTION PROCEEDINGS; FUNERAL
20-6 AND BURIAL EXPENSES
20-7 Sec. 520. TIME TO FILE EMERGENCY APPLICATION. An applicant
20-8 may file an application requesting emergency intervention by a
20-9 court exercising probate jurisdiction to provide for the payment
20-10 of funeral and burial expenses or the protection and storage of
20-11 personal property owned by the decedent that was located in rented
20-12 accommodations on the date of the decedent's death with the clerk
20-13 of the court in the county of domicile of the decedent not earlier
20-14 than the third day after the date of the decedent's death and not
20-15 later than the 90th day after the date of the decedent's death.
20-16 Sec. 521. ELIGIBLE APPLICANTS FOR EMERGENCY INTERVENTION. A
20-17 person qualified to serve as an administrator under Section 77 of
20-18 this code may file an emergency intervention application.
20-19 Sec. 522. REQUIREMENTS FOR EMERGENCY INTERVENTION
20-20 APPLICATION. (a) An application for emergency intervention must
20-21 be sworn and must contain:
20-22 (1) the name, address, social security number, and
20-23 interest of the applicant;
20-24 (2) the facts showing an immediate necessity for the
20-25 issuance of an emergency intervention order by the court;
20-26 (3) the date of the decedent's death, place of death,
20-27 decedent's residential address, and the name and address of the
21-1 funeral home holding the decedent's remains;
21-2 (4) any known or ascertainable heirs and devisees of
21-3 the decedent and the reason:
21-4 (A) the heirs and devisees cannot be contacted;
21-5 or
21-6 (B) the heirs and devisees have refused to
21-7 assist in the decedent's burial or protection of the decedent's
21-8 personal property;
21-9 (5) a description of funeral and burial procedures
21-10 necessary and a detailed and itemized description of the cost of
21-11 the funeral and burial procedures;
21-12 (6) the name, location, and identification of property
21-13 or persons in possession of the decedent's property; and
21-14 (7) the name and address of the owner or manager of
21-15 the decedent's rented premises and whether access to the premises
21-16 is necessary.
21-17 (b) If emergency intervention is necessary for funeral and
21-18 burial, the application shall state whether any written
21-19 instructions from the decedent relating to a funeral or burial
21-20 exist. The applicant shall attach the instructions to the
21-21 application or file the instructions before the funeral or burial
21-22 and fully comply with the instructions. If written instructions do
21-23 not exist, the applicant shall provide for the funeral and burial
21-24 of the decedent unless the applicant obtains the court's permission
21-25 to cremate the decedent's remains.
21-26 Sec. 523. ORDERS OF EMERGENCY INTERVENTION. (a) If the
21-27 court determines on review of the application that emergency
22-1 intervention is necessary, the court may order funds of the
22-2 decedent held by an employer, individual, or financial institution
22-3 to be paid directly to a funeral home only for funeral and burial
22-4 expenses not to exceed $5,000 as ordered by the court to provide
22-5 the decedent with a reasonable, dignified, and appropriate funeral
22-6 and burial.
22-7 (b) The court clerk may issue certified copies of an
22-8 emergency intervention order on request of the applicant only until
22-9 the 90th day after the date the order was issued or the date a
22-10 personal representative is qualified, whichever occurs first.
22-11 (c) A person who is furnished with a certified copy of an
22-12 emergency intervention order within the period described by
22-13 Subsection (b) of this section is not personally liable for the
22-14 person's actions that are taken in accordance with and in reliance
22-15 on the order.
22-16 Sec. 524. TERMINATION. All power and authority of an
22-17 applicant under an emergency intervention order cease to be
22-18 effective or enforceable on the 90th day after the date the order
22-19 was issued or on the date a personal representative is qualified,
22-20 whichever occurs first.
22-21 SECTION 8. The change in law made by this Act applies only
22-22 to the estate of a person who dies on or after the effective date
22-23 of this Act. An estate of a person who dies before the effective
22-24 date of this Act is covered by the law in effect on the date of the
22-25 person's death, and the former law continues in effect for that
22-26 purpose.
22-27 SECTION 9. This Act takes effect September 1, 1993.
23-1 SECTION 10. The importance of this legislation and the
23-2 crowded condition of the calendars in both houses create an
23-3 emergency and an imperative public necessity that the
23-4 constitutional rule requiring bills to be read on three several
23-5 days in each house be suspended, and this rule is hereby suspended.