BILL ANALYSIS



C.S.H.B. 498
By: Jones, Delwin
May 4, 1995
Committee Report (Substituted)


BACKGROUND

Current law requires that a judge hold a hearing prior to admitting
a will to probate.  This requirement applies to a self-proved will
even though Section 59 of the Probate Code provides that a self-proved will may be admitted to probate without the testimony of any
subscribing witness.  In urban counties, due to the crowded
dockets, it can take up to a month to get a probate hearing.  In
rural counties, the travel to a distant courthouse often takes
several hours while the hearing itself is only a few minutes long.

PURPOSE

House Bill 498 allows a self-proved will to be admitted to probate
without a hearing.  The applicant would have to provide for court
review:  the will and an affidavit containing the information
required to probate a will.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

     SECTION 1. Amends Part 1, Chapter V, Texas Probate Code, by
adding Section 88A.

     (a)  Provides that to obtain the probate of a self-proved will
without a hearing, the   applicant may submit by mail, or in
person, a written request for the probate of the will  which
includes:

     (1) The will, or a copy of the will if the will is already in
     the custody of the county clerk;
     (2) a sworn affidavit that contains the proof of facts
     required to probate a self-proved 
will; and 
     (3) proof of notice to the attorney general, if that notice is
required uder Section 115.001 or 123.003, Property Code.
     
     (b) Provides that a court may not order the probate of a will
under this section if another application for probate of the same
will has already been filed with the court and has not been acted
on.

     (c) Notwithstanding Subsection (a) of this section, the court
may require the applicant to appear at a hearing before admitting
the will to probate.

     SECTION 2. Amends Section 89, Texas Probate Code, to provide
that a court may admit a will to probate after review of the self-proved will and affidavit submitted under Section 88A.  Provides
that certified copies of this information    may be recorded in
other counties and may be used as evidence.

     SECTION 3. Effective date - September 1, 1995. Applies only to
the estate of a person who dies on or after the effective date.

     SECTION 4. Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substituted bill adds SECTION 1. subsection (c) which allows
the opportunity for the court to require the applicant to appear in
court to probate the will instead of by mail.
It asks that the probate judge making the determination on whether
to require a hearing or not, be notified that the applicant/estate
has complied with the existing law by notifying the attorney
general when and if such notice is required.

SUMMARY OF COMMITTEE ACTION

House Bill 498 was considered by the Committee on Civil Practices
in a public hearing on April 5, 1995. The following individual
testified in support of the bill: Norton Baker, attorney,
representing himself. The following person testified neutrally on
the bill: Jan Soifer, representing the Office of the Attorney
General. No one testified in opposition to the bill. The bill was
left pending. H.B. 498 was considered by the committee in a formal
meeting on May 2, 1995. The committee considered a complete
substitute for the bill. The substitute was adopted without
objection. One amendment was offered to the substitute. The
amendment to the substitute was adopted without objection. The
chair directed the staff to incorporate the amendment into the
substitute. H.B. 498 was reported favorably as substituted with the
recommendation that it do pass and be printed, by a record vote of
five ayes, one nay, zero pnv and three absent.