By Hartnett H.B. No. 2191
74R6649 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to nontestamentary property.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 132, Texas Probate Code, is amended by
1-5 adding Subsection (c) to read as follows:
1-6 (c) NONTESTAMENTARY PROPERTY. If an interested person files
1-7 a suit to contest the validity of a decedent's will, the court may
1-8 make the decedent's nontestamentary real and personal property
1-9 subject to temporary administration under this section. A
1-10 temporary administrator may not sell nontestamentary property. For
1-11 purposes of this subsection, nontestamentary real and personal
1-12 property includes real or personal property that is subject to an
1-13 agreement creating a right of survivorship in the property.
1-14 SECTION 2. Section 439(a), Texas Probate Code, is amended to
1-15 read as follows:
1-16 (a) Sums remaining on deposit at the death of a party to a
1-17 joint account belong to the surviving party or parties against the
1-18 estate of the decedent if, by a written agreement signed by the
1-19 party who dies, the interest of such deceased party is made to
1-20 survive to the surviving party or parties. Notwithstanding any
1-21 other law other than Section 132(c) of this code, an agreement is
1-22 sufficient to confer an absolute right of survivorship on parties
1-23 to a joint account under this subsection if the agreement states in
1-24 substantially the following form: "On the death of one party to a
2-1 joint account, all sums in the account on the date of the death
2-2 vest in and belong to the surviving party as his or her separate
2-3 property and estate." A survivorship agreement will not be
2-4 inferred from the mere fact that the account is a joint account.
2-5 If there are two or more surviving parties, their respective
2-6 ownerships during lifetime shall be in proportion to their previous
2-7 ownership interests under Section 438 of this code augmented by an
2-8 equal share for each survivor of any interest the decedent may have
2-9 owned in the account immediately before his death, and the right of
2-10 survivorship continues between the surviving parties if a written
2-11 agreement signed by a party who dies so provides.
2-12 SECTION 3. This Act takes effect September 1, 1995, and the
2-13 change in law made by Section 132(c), Texas Probate Code, as added
2-14 by this Act, applies only to proceedings to contest the validity of
2-15 a will that are instituted on or after the effective date of this
2-16 Act. A proceeding to contest the validity of a will that is
2-17 instituted before the effective date of this Act is governed by the
2-18 law as it existed immediately before the effective date, and that
2-19 law is continued in effect for that purpose.
2-20 SECTION 4. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.