By: Shelley S.B. No. 479 73R2250 NSC-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the informal probate of wills, informal distribution of 1-3 estates, the emergency payment of burial expenses, and the 1-4 protection of a decedent's personal property. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. The Texas Probate Code is amended by adding 1-7 Chapter XII to read as follows: 1-8 CHAPTER XII. INFORMAL PROBATE 1-9 PART 1. INFORMAL PROBATE WITH AND WITHOUT ISSUANCE OF LETTERS 1-10 Sec. 501. TIME TO FILE APPLICATION FOR INFORMAL PROBATE. 1-11 (a) An applicant may file an application for the informal probate 1-12 of a will with the court clerk not earlier than the 30th day after 1-13 the date of the testator's death. 1-14 (b) A will may not be admitted for informal probate after 1-15 the fourth anniversary of the date of the testator's death unless 1-16 the applicant shows that the applicant was not aware of the will's 1-17 existence and did not cause the failure to timely file the will for 1-18 probate. 1-19 Sec. 502. ELIGIBLE APPLICANTS FOR INFORMAL PROBATE; VENUE. 1-20 (a) An executor, alternate, devisee, or legatee named in a will 1-21 may make an application for the informal probate of the will. 1-22 (b) The applicant may file the application in the county in 1-23 which the testator was domiciled on the date of death or in the 1-24 county in which the estate assets are located. 2-1 Sec. 503. REQUIREMENTS FOR INFORMAL PROBATE. (a) An 2-2 applicant may file a will for informal probate with the court 2-3 clerk: 2-4 (1) if: 2-5 (A) all of the estate's known debts have been 2-6 satisfied; 2-7 (B) all existing and outstanding debts are 2-8 secured on real property, certificates of title, or Uniform 2-9 Commercial Code filings; or 2-10 (C) the applicant notifies all creditors of the 2-11 estate by certified or registered mail of the filing; and 2-12 (2) if: 2-13 (A) an application has not been filed and is not 2-14 pending under Section 81, 82, 89, or 145 of this code; and 2-15 (B) the applicant files an affidavit of a 2-16 disinterested witness that contains the proof of facts required to 2-17 probate a will under Sections 88(a) and (b) of this code. 2-18 (b) The applicant submits personally to the jurisdiction of 2-19 the probate court in any proceeding for relief relating to the 2-20 informal probate proceeding and distribution of assets and to the 2-21 suit in the probate court for any actions taken while administering 2-22 estate assets, including a civil action for perjury or fraud 2-23 relating to the application. 2-24 Sec. 504. CONTENTS OF APPLICATION. (a) An application for 2-25 informal probate of a will must be under oath and must establish: 2-26 (1) that 30 days have elapsed after the date of the 2-27 testator's death; 3-1 (2) that all debts of the estate have been satisfied 3-2 or are properly secured or all creditors have received notice of 3-3 the application's filing; 3-4 (3) that the total gross fair market value of the 3-5 estate, including real and personal property but not including 3-6 homestead or exempt property, did not exceed $50,000 on the date 3-7 the application was prepared; 3-8 (4) that the court has venue; 3-9 (5) to the applicant's knowledge and belief, that the 3-10 will being offered for informal probate has never been revoked; and 3-11 (6) to the applicant's knowledge and belief, that no 3-12 person named in the will has objected to the offer of the will for 3-13 informal probate. 3-14 (b) If the will is not available, the application must 3-15 contain affidavits of the applicant and a disinterested person 3-16 stating: 3-17 (1) the source of knowledge of the terms of the will; 3-18 (2) the reasons an original will is not available; 3-19 (3) the terms of the will; 3-20 (4) the date the will was executed; and 3-21 (5) the names of the witnesses to the execution of the 3-22 will. 3-23 (c) The application must contain the social security number 3-24 and present address of the applicant and the social security number 3-25 and last known address of the testator. 3-26 Sec. 505. NOTICE. (a) Before filing an application for 3-27 informal probate, the applicant shall give notice of the intent to 4-1 file the application by certified or registered mail to all persons 4-2 named in the will whose addresses are known or are reasonably 4-3 ascertainable and to the decedent's surviving spouse and children 4-4 and shall provide those persons a copy of the will. 4-5 (b) If a distributee named in the will is a minor or 4-6 incompetent, the applicant shall notify the natural guardian of the 4-7 minor or the guardian of the person of the incompetent distributee. 4-8 (c) The applicant shall file the return receipts or original 4-9 returned notices with the application. 4-10 (d) Notice is not required under this section to a person 4-11 who joins in the application for informal probate or to a person 4-12 who waives notice if the person's sworn waiver of notice is filed 4-13 with the application or is filed before the court considers the 4-14 application. 4-15 Sec. 506. FILING OF WILL OR AFFIDAVIT; INVENTORY. (a) The 4-16 applicant must file the will or an affidavit explaining the will's 4-17 absence with the application. The will remains in the custody of 4-18 the court clerk unless removed by order of a proper court. 4-19 (b) The applicant shall prepare a sworn, full, and complete 4-20 inventory of all assets required to be included in the testator's 4-21 estate. The applicant shall list all assets at the assets' fair 4-22 market value at or about the time the application was prepared 4-23 without reduction for any outstanding secured debts. If the 4-24 valuation of an asset is questioned, the court may, on its own 4-25 motion or on request of an interested person, appoint an appraiser 4-26 for the asset and order that the applicant deposit the cost of the 4-27 appraisal in advance with the court clerk. The applicant shall 5-1 file the inventory with the application. The inventory must: 5-2 (1) contain the information required by Sections 250 5-3 and 251 of this code; and 5-4 (2) if the testator is survived by a spouse, identify 5-5 the community assets and list the assets' one-half community value. 5-6 (c) The court clerk may not present the application to the 5-7 judge of the court before the 11th day after the date the 5-8 application is filed. The court shall determine, in its 5-9 discretion, whether the application meets the requirements for an 5-10 application for informal probate and may admit the will for 5-11 informal probate. 5-12 (d) If the court determines that the will is not admissible 5-13 for informal probate, the denial is not a final adjudication of the 5-14 validity of the will and does not preclude a subsequent application 5-15 for probate of the will in a formal probate proceeding. 5-16 Sec. 507. LIMITED LETTERS TESTAMENTARY. (a) An executor, 5-17 alternate, devisee, or legatee named in a will may request in an 5-18 application for the informal probate of the will that the clerk of 5-19 the probate court issue limited letters testamentary to the 5-20 applicant for the purpose of transferring title to the assets or 5-21 interests in the assets of the testator's estate, including any 5-22 increases to the assets that accrued after the date of the 5-23 testator's death and that are specifically identified and described 5-24 in the inventory included in the application or any subsequently 5-25 filed amended or supplemental inventory. 5-26 (b) The letters or a certified copy of the inventory 5-27 attached to the letters must identify the assets subject to 6-1 transfer under the letters. 6-2 (c) A transfer or an attempt to transfer title to assets of 6-3 the estate not identified in the letters, including any increases 6-4 to the assets that may have accrued after the date of the 6-5 testator's death is void. 6-6 (d) Limited letters are valid for one year after the date of 6-7 the application's approval. 6-8 (e) The judge of the court that issued the original letters 6-9 may order the issuance of additional letters. The order for 6-10 additional letters must contain the date that those letters expire. 6-11 Additional letters are not renewable. 6-12 Sec. 508. REVIEW OF APPLICATION FOR INFORMAL PROBATE. (a) 6-13 The court in which an application for informal probate has been 6-14 filed shall determine whether: 6-15 (1) the application is complete; 6-16 (2) the applicant has acknowledged that all statements 6-17 of fact contained in the application are true and correct; 6-18 (3) the applicant is an executor, alternate, devisee, 6-19 or legatee named in the will; 6-20 (4) venue is correct; 6-21 (5) an original, duly executed will or the affidavits 6-22 required by Section 504 of this code are filed with the 6-23 application; 6-24 (6) copies of required notices or waivers by persons 6-25 named in the will and the surviving spouse, children, and creditors 6-26 are attached to the application; 6-27 (7) an objection has not been made to the request for 7-1 informal probate by any creditor or person named in the will; 7-2 (8) the time for applying for an informal probate has 7-3 not expired; 7-4 (9) the application contains the required information; 7-5 and 7-6 (10) an appraiser is necessary to determine the value 7-7 of any asset. 7-8 (b) The court shall deny the application if: 7-9 (1) a personal representative has been appointed in 7-10 another county; 7-11 (2) except as provided by Subsection (d) of this 7-12 section, this or another will of the decedent has been the subject 7-13 of a previous probate order in this state; or 7-14 (3) the court, in its discretion, determines formal 7-15 probate is necessary. 7-16 (c) The court may probate a will that is a self-proved will 7-17 under Section 59 of this code without further proof. If the will 7-18 is not self-proving under Section 59 of this code, the court may, 7-19 in the absence of an objection, presume compliance with Section 59 7-20 of this code if the will is filed with a sworn statement or 7-21 affidavit of a person having personal knowledge of the 7-22 circumstances of the execution of the will, whether or not the 7-23 person was a witness to the will. 7-24 (d) A court may informally probate at any time a will that 7-25 has been probated by the court of another state on the written 7-26 application of a representative, devisee, or legatee named in the 7-27 will. The applicant shall file an authenticated copy of the will 8-1 and foreign proceedings in place of the original will. 8-2 Sec. 509. EFFECT OF INFORMAL PROBATE. (a) A person who 8-3 makes a payment or transfers property under the terms of a will 8-4 admitted to informal probate or under limited letters is released 8-5 from liability or responsibility to the same extent as if the 8-6 payment or transfer had been made to the personal representative of 8-7 an estate. The person is not required to see the application for 8-8 informal probate or to inquire into the truth of any statement 8-9 contained in the application for informal probate. The person to 8-10 whom the ultimate payment or transfer of an asset is made under the 8-11 terms of the will is responsible for the asset and is liable to a 8-12 personal representative, a creditor of the testator, or any person 8-13 having a superior right or claim of possession or ownership to the 8-14 asset. 8-15 (b) A representative or beneficiary under an informally 8-16 probated will who acquires property under the will may be liable to 8-17 the extent of the value of the property actually acquired to a 8-18 person or creditor of the estate with a superior right or claim to 8-19 the property for damages caused by the transfer of the property to 8-20 the representative or beneficiary under the terms of the will. 8-21 (c) If a person who is entitled to property of the estate, 8-22 including the representative, a creditor, a beneficiary, or a 8-23 guardian, makes a written demand by certified or registered mail 8-24 containing a certified copy of the probated will and order 8-25 admitting the will or limited letters to a person in possession of 8-26 estate property and the person refuses or fails to deliver or 8-27 transfer the property before the 31st day after the date of the 9-1 demand, the person who is entitled to the property may file a show 9-2 cause action in the court that probated the will to recover the 9-3 property. The person entitled to the property may recover the fair 9-4 market value of the property, reasonable damages for the loss of 9-5 use of the property, reasonable attorney's fees, and costs of 9-6 court. 9-7 (d) If a beneficiary under a will is a minor or an 9-8 incompetent without a guardian of the minor's or incompetent's 9-9 estate, all cash, stocks, bonds, or personal property that can be 9-10 converted to cash to which the beneficiary is entitled may not be 9-11 distributed to the natural guardian or guardian of the person. The 9-12 representative of the estate shall convert the assets to cash and 9-13 deposit the cash in the court registry until a legal guardian of an 9-14 estate is appointed or shall deposit the cash as provided by 9-15 Section 144 of this code for the benefit of the ward. 9-16 Sec. 510. TIME TO CONTEST VALIDITY OF WILL. (a) Except as 9-17 provided by Subsection (b) or (c) of this section, an interested 9-18 person may file suit to contest the validity of a will admitted to 9-19 informal probate not later than two years after the date the will 9-20 was admitted. 9-21 (b) An interested person may institute suit to contest the 9-22 validity of a will admitted to informal probate for forgery or 9-23 other fraud not later than two years after the date the forgery or 9-24 fraud is discovered. 9-25 (c) A minor or incompetent person may file suit to contest 9-26 the validity of a will admitted to informal probate not later than 9-27 two years after the date the disabilities of the minor or 10-1 incompetent are removed. 10-2 PART 2. INFORMAL PROBATE WITHOUT WILL 10-3 Sec. 520. TIME TO FILE INFORMAL DISTRIBUTION APPLICATION. 10-4 (a) Except as provided by Subsection (b) of this section, if a 10-5 decedent dies without a will, the distributees of a decedent may 10-6 file an application requesting informal distribution of the 10-7 decedent's estate with the court clerk not earlier than the 30th 10-8 day after the date of the decedent's death. 10-9 (b) The distributees may request informal distribution at 10-10 any time if the distributees can show: 10-11 (1) a necessity to receive or recover funds or other 10-12 property in this state that were due or owned by the decedent at 10-13 the time of death; and 10-14 (2) the distributees' actions were not the cause for 10-15 any unreasonable delay in filing the request. 10-16 Sec. 521. ELIGIBLE APPLICANTS. (a) Except as provided by 10-17 Subsection (b) of this section, all persons entitled to receive the 10-18 decedent's property under Section 38 of this code shall join in the 10-19 application for informal distribution of the estate. 10-20 (b) If the decedent is survived by a spouse or adult 10-21 children and only community assets exist, the surviving spouse is 10-22 not required to join in the application. If the spouse has not 10-23 joined in the application, the distributees shall notify the spouse 10-24 by certified or registered mail of the distributees' intention to 10-25 file the application. The distributees shall attach proof of the 10-26 notice to the application before filing. 10-27 (c) If a distributee of the decedent's estate is a minor or 11-1 incompetent, the natural guardian of the minor or the legal 11-2 guardian of the person or of an incompetent distributee must join 11-3 in the application. 11-4 Sec. 522. REQUIREMENTS FOR INFORMAL DISTRIBUTION. (a) The 11-5 distributees may file an application for informal distribution only 11-6 if: 11-7 (1) all of the estate's known debts have been 11-8 satisfied; 11-9 (2) all existing and outstanding debts against the 11-10 estate are secured on real or personal property through 11-11 certificates of title or by Uniform Commercial Code filings; or 11-12 (3) all known or ascertainable creditors have been 11-13 provided notice by certified or registered mail of the 11-14 distributees' intention to file the application and have not filed 11-15 an objection not later than the fifth day after the date of receipt 11-16 of notice. 11-17 (b) The distributees shall file all return receipts of 11-18 notices with the application. 11-19 (c) The court clerk may accept the application for filing 11-20 if: 11-21 (1) an application has not been filed under Section 82 11-22 or 162 of this code; and 11-23 (2) a proceeding to determine heirship has not been 11-24 instituted under Section 48 of this code in this state. 11-25 (d) The distributees submit personally to the jurisdiction 11-26 of the probate court in any proceeding for relief relating to the 11-27 distribution of assets and to suit in the probate court for any 12-1 actions taken in the collection of assets, including civil actions 12-2 for perjury or fraud relating to the application. 12-3 Sec. 523. CONTENTS OF APPLICATION. (a) An application for 12-4 informal distribution must be under oath and must establish that: 12-5 (1) 30 days have elapsed after the date of death of 12-6 the decedent; 12-7 (2) the gross fair market value of the decedent's 12-8 estate, including real and personal property but not including 12-9 homestead or exempt property, did not exceed $50,000 on the date 12-10 the application was prepared; 12-11 (3) venue is proper in the court because the decedent 12-12 was domiciled in or the estate's principal assets are located in 12-13 the county in which the application is filed; 12-14 (4) another proceeding for disposition of the 12-15 decedent's assets has not been instituted in any other county of 12-16 this state or in a foreign jurisdiction; and 12-17 (5) all known or reasonably ascertained creditors of 12-18 the decedent have been notified of this proceeding. 12-19 (b) The application must contain: 12-20 (1) the social security number and current address of 12-21 each distributee and the social security number and last known 12-22 address of the decedent; and 12-23 (2) the sworn statements of two disinterested 12-24 witnesses who were well acquainted with the decedent stating the 12-25 decedent's family history and identifying the decedent's heirs. 12-26 Sec. 524. NOTICE TO CREDITORS; ESTATE DEBTS. (a) Except as 12-27 provided by Subsection (b) of this section, the distributees shall 13-1 provide by certified or registered mail a copy of the proposed 13-2 application for informal distribution to all unsecured creditors of 13-3 the estate whose addresses are known or are reasonably 13-4 ascertainable by due diligence. The distributees shall attach 13-5 return receipts or original returned notices to the application 13-6 before filing. 13-7 (b) Notice to an unsecured creditor is not required if a 13-8 distributee pays the debt owed to the creditor before filing the 13-9 application or if a distributee assumes personal liability for the 13-10 debt. 13-11 (c) The distributee shall file evidence of payment or 13-12 assumption of the debt with the application. 13-13 (d) If a distributee has paid or assumed a debt of the 13-14 estate, the distributee may obtain reimbursement from any 13-15 unencumbered estate assets up to the amount of the paid or assumed 13-16 debts. 13-17 Sec. 525. INVENTORY; APPRAISAL. (a) The application must 13-18 contain an inventory and list of claims as described by Sections 13-19 250 and 251 of this code. 13-20 (b) Assets must be listed at the assets' fair market value 13-21 at or about the time the application was prepared without reduction 13-22 for any outstanding secured debts. 13-23 (c) If the valuation of an asset is questioned by an 13-24 interested person or the court, the court may, on its own motion or 13-25 on request of an interested person, appoint an appraiser for the 13-26 asset and order the distributees to deposit equal shares of the 13-27 cost of the appraisal in advance with the court clerk. 14-1 Sec. 526. PROCEDURES FOR INFORMAL DISTRIBUTION. (a) The 14-2 distributees shall prepare a sworn, full, and complete inventory of 14-3 all assets of the decedent's estate that are required to be 14-4 included in the decedent's estate or that came to the distributees' 14-5 possession or knowledge. The distributees shall file the inventory 14-6 with the application. The inventory must: 14-7 (1) contain the information required by Sections 250 14-8 and 251 of this code; and 14-9 (2) if the decedent is survived by a spouse, identify 14-10 the community assets and list the assets' one-half community value. 14-11 (b) The court clerk may not present the application to the 14-12 judge of the court before the 11th day after the date the 14-13 application is filed. The court, in its discretion, shall 14-14 determine whether the application meets the requirements of 14-15 Sections 520-526 of this code and may accept the application for 14-16 informal distribution. 14-17 (c) If the court does not accept the application for 14-18 informal distribution, the denial does not preclude a subsequent 14-19 application for an intestate probate proceeding. 14-20 Sec. 527. REVIEW OF APPLICATION FOR INFORMAL DISTRIBUTION. 14-21 (a) The court in which the application for informal distribution 14-22 has been filed shall determine whether: 14-23 (1) all heirs of the decedent have joined in the 14-24 application; 14-25 (2) all creditors of the decedent have been notified 14-26 of the filing of the application or debts have been paid or 14-27 assumed; 15-1 (3) the application is properly sworn to by all 15-2 parties and witnesses; 15-3 (4) an objection to the application has been filed; 15-4 (5) venue is proper; 15-5 (6) adequate information has been provided to 15-6 establish the heirship of the decedent's heirs; 15-7 (7) the assets of the decedent do not exceed $50,000, 15-8 not including homestead and exempt property; and 15-9 (8) an appraiser is necessary to determine the value 15-10 of any asset. 15-11 (b) The court shall deny the application if: 15-12 (1) a personal representative has been appointed in 15-13 another county; 15-14 (2) a will has been admitted to probate in this or in 15-15 a foreign jurisdiction; 15-16 (3) a will exists and has not been offered for 15-17 probate; or 15-18 (4) an heirship proceeding has been instituted under 15-19 Section 48 of this code. 15-20 (c) If the heirship testimony furnished is in dispute or 15-21 ambiguous, the court, in its discretion, may deny the application 15-22 and require the appointment of an administrator or institution of 15-23 formal heirship proceedings. 15-24 (d) If an objection is filed by an heir or creditor, the 15-25 court shall deny the application. 15-26 (e) If the debts of the decedent exceed the value of the 15-27 assets, the court shall deny the application. 16-1 (f) A transfer of, or an attempt to transfer, title to any 16-2 property or interest in assets of the estate or any increases to 16-3 estate assets not identified in the inventory filed with the 16-4 application or any subsequently filed amended or supplemental 16-5 inventory is void. 16-6 Sec. 528. EFFECT OF INFORMAL DISTRIBUTION. (a) A person 16-7 who makes a payment or transfers property under a court order 16-8 approving the informal distribution of an estate is released from 16-9 liability or responsibility to the same extent as if the payment or 16-10 transfer had been made to the personal representative of an estate. 16-11 A person who makes a payment or transfers property is not required 16-12 to inquire into the truth of any statement contained in the 16-13 application. 16-14 (b) A distributee receiving possession of an asset of the 16-15 decedent is liable to the extent of the value of the asset received 16-16 to a person or creditor having a superior right or claim of 16-17 possession or ownership to the asset for damages caused by the 16-18 payment or transfer of the asset under this section. 16-19 (c) If a person who is entitled to the property of the 16-20 decedent, including a creditor, distributee, or guardian, makes a 16-21 written demand by certified or registered mail containing a 16-22 certified copy of the application and a court order of distribution 16-23 to a person in possession of the property and the person fails or 16-24 refuses to deliver or transfer the property before the 31st day 16-25 after the date of the demand, the person entitled to the property 16-26 may file a show cause action in the court that ordered the 16-27 distribution to recover the property. The person entitled to the 17-1 property may recover the fair market value of the property, 17-2 reasonable damages for the loss of use of the property, reasonable 17-3 attorney's fees, and costs of court. 17-4 (d) If a distributee is a minor or is an incompetent without 17-5 a guardian of the minor's or incompetent's estate, all money, 17-6 stocks, bonds, or transferable evidence of property to which the 17-7 distributee is entitled may not be distributed to the natural 17-8 guardian or guardian of the person. The person in possession of 17-9 the property shall deposit the property in the court registry or, 17-10 if necessary, convert the property to money and deposit the money 17-11 as provided by Section 144 of this code for the benefit of the 17-12 ward. The property shall remain deposited until a legal guardian 17-13 of the estate is appointed. Real property interests of a minor or 17-14 incompetent may not be sold or converted under this subsection. 17-15 PART 3. EMERGENCY INTERVENTION PROCEEDINGS; FUNERAL 17-16 AND BURIAL EXPENSES 17-17 Sec. 530. TIME TO FILE EMERGENCY APPLICATION. An applicant 17-18 may file an application requesting emergency intervention by a 17-19 court exercising probate jurisdiction to provide for the payment 17-20 of funeral and burial expenses or the protection and storage of 17-21 personal property owned by the decedent that was located in rented 17-22 accommodations on the date of the decedent's death with the clerk 17-23 of the court in the county of domicile of the decedent not earlier 17-24 than the third day after the date of the decedent's death and not 17-25 later than the 90th day after the date of the decedent's death. 17-26 Sec. 531. ELIGIBLE APPLICANTS FOR EMERGENCY INTERVENTION. A 17-27 person qualified to serve as an administrator under Section 77 of 18-1 this code may file an emergency intervention application. 18-2 Sec. 532. REQUIREMENTS FOR EMERGENCY INTERVENTION 18-3 APPLICATION. (a) An application for emergency intervention must 18-4 be sworn and must contain: 18-5 (1) the name, address, social security number, and 18-6 interest of the applicant; 18-7 (2) the facts showing an immediate necessity for the 18-8 issuance of an emergency intervention order by the court; 18-9 (3) the date of the decedent's death, place of death, 18-10 decedent's residential address, and the name and address of the 18-11 funeral home holding the decedent's remains; 18-12 (4) any known or ascertainable heirs of the decedent 18-13 and the reason: 18-14 (A) the heirs cannot be contacted; or 18-15 (B) the heirs have refused to assist in the 18-16 decedent's burial or protection of the decedent's personal 18-17 property; 18-18 (5) a description of funeral and burial procedures 18-19 necessary and a detailed and itemized cost of the funeral and 18-20 burial procedures; 18-21 (6) the name, location, and identification of property 18-22 or persons in possession of the decedent's property; and 18-23 (7) the name and address of the owner or manager of 18-24 the decedent's rented premises and whether access to the premises 18-25 is necessary. 18-26 (b) If emergency intervention is necessary for funeral and 18-27 burial, the application shall state whether any written 19-1 instructions from the decedent relating to a funeral or burial 19-2 exist. The applicant shall attach the instructions to the 19-3 application or file the instructions before the funeral or burial 19-4 and fully comply with the instructions. If written instructions do 19-5 not exist, the applicant shall provide for the funeral and burial 19-6 of the decedent unless the applicant obtains the court's permission 19-7 to cremate the decedent's remains. 19-8 Sec. 533. ORDERS OF EMERGENCY INTERVENTION. (a) If the 19-9 court determines on review of the application that emergency 19-10 intervention is necessary, the court may order: 19-11 (1) funds of the decedent held by an employer, 19-12 individual, or financial institution to be paid directly to a 19-13 funeral home only for funeral and burial expenses not to exceed 19-14 $5,000 as ordered by the court to provide the decedent with a 19-15 reasonable, dignified, and appropriate funeral and burial; 19-16 (2) the applicant and the owner or agent of the 19-17 decedent's rented accommodations to jointly prepare an inventory of 19-18 the contents of the decedent's property and to file the inventory 19-19 after the inventory is signed by both parties with the court; or 19-20 (3) the owner of the decedent's rented accommodations 19-21 to deliver: 19-22 (A) any will of the decedent discovered on the 19-23 premises to the court clerk; 19-24 (B) any life insurance policy of the decedent 19-25 that names the applicant as sole beneficiary to the applicant; 19-26 (C) other life insurance policies of the 19-27 decedent to the court clerk; and 20-1 (D) any deed to a burial plot of the decedent to 20-2 the funeral home holding the decedent's remains. 20-3 (b) If the decedent's rental payments are delinquent, the 20-4 owner of rented accommodations may hold the decedent's personal 20-5 property as security for the payment of the delinquency until the 20-6 90th day after the date of death of the decedent or until the date 20-7 a court-appointed personal representative is qualified, whichever 20-8 occurs first. 20-9 (c) If rental payments are not delinquent, the court may 20-10 order the owner or agent of the owner to arrange for the storage of 20-11 the decedent's property in a proper facility for the protection of 20-12 the property. The applicant for emergency intervention shall pay 20-13 the costs of storage until the 90th day after the date the court's 20-14 emergency intervention order was issued. The court may order the 20-15 reimbursement of storage expenses to the applicant from the 20-16 decedent's estate. A court may not order the release of any 20-17 property to any person, other than a personal representative or to 20-18 judicially determined heirs, beneficiaries, or distributees of the 20-19 decedent. 20-20 (d) The court clerk may issue certified copies of an 20-21 emergency intervention order on request of the applicant only until 20-22 the 90th day after the date the order was issued or the date a 20-23 personal representative is qualified, whichever occurs first. 20-24 (e) A person who is furnished with a certified copy of an 20-25 emergency intervention order within the period described by 20-26 Subsection (d) of this section is not personally liable for the 20-27 person's actions that are taken in accordance with and in reliance 21-1 on the order. 21-2 Sec. 534. ENFORCEMENT OF LIENS. If a personal 21-3 representative of the decedent's estate is not appointed or 21-4 qualified before the 90th day after the date an emergency order is 21-5 issued, all personal property held by a landlord or a warehouseman 21-6 is subject to a landlord's lien under Subchapter C, Chapter 54, 21-7 Property Code, and its subsequent amendments, or a warehouseman's 21-8 lien under Sections 7.209 and 7.210, Business & Commerce Code, and 21-9 their subsequent amendments. A person in possession of personal 21-10 property of the decedent received under an emergency intervention 21-11 order may enforce the landlord's or warehouseman's lien after the 21-12 90th day after the date the emergency intervention order is issued. 21-13 Sec. 535. TERMINATION. All power and authority of an 21-14 applicant under an emergency intervention order cease to be 21-15 effective or enforceable on the 90th day after the date the order 21-16 was issued or on the date a personal representative is qualified, 21-17 whichever occurs first. 21-18 SECTION 2. Sections 137 and 138, Texas Probate Code, are 21-19 repealed. 21-20 SECTION 3. The change in law made by this Act applies only 21-21 to the estate of a person who dies on or after the effective date 21-22 of this Act. An estate of a person who dies before the effective 21-23 date of this Act is covered by the law in effect on the date of the 21-24 person's death, and the former law continues in effect for that 21-25 purpose. 21-26 SECTION 4. This Act takes effect September 1, 1993. 21-27 SECTION 5. The importance of this legislation and the 22-1 crowded condition of the calendars in both houses create an 22-2 emergency and an imperative public necessity that the 22-3 constitutional rule requiring bills to be read on three several 22-4 days in each house be suspended, and this rule is hereby suspended.