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.