By Luna                                                S.B. No. 836
       74R2475 MWV-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the execution of wills by certain minors.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter IV, Texas Probate Code, is amended by
    1-5  adding Section 57A, to read as follows:
    1-6        Sec. 57A.  CERTAIN MINORS WHO MAY EXECUTE A WILL.  (a)  A
    1-7  person with significant assets who is at least 10 years of age but
    1-8  younger than 18 years of age and not otherwise qualified to execute
    1-9  a will under Section 57 of this code may file a written application
   1-10  with a court to make a last will and testament in accordance with
   1-11  this chapter.
   1-12        (b)  The application must be filed in a court in the county
   1-13  in which the person resides.
   1-14        (c)  The applicant may attach the person's proposed will to
   1-15  the application.
   1-16        (d)  The court shall grant an expeditious hearing for an
   1-17  application filed under this section.
   1-18        (e)  At a hearing on the application, the applicant shall
   1-19  appear before the court in person or through an attorney and
   1-20  present evidence that the applicant:
   1-21              (1)  is of sufficient maturity and ability to make a
   1-22  last will and testament;
   1-23              (2)  has significant assets; and
   1-24              (3)  is of sufficient age to file an application under
    2-1  this section.
    2-2        (f)  If at the conclusion of a hearing under this section,
    2-3  the court is satisfied by a preponderance of the evidence that the
    2-4  applicant has made the requisite proof, the court shall enter an
    2-5  order authorizing the person to make a last will and testament in
    2-6  accordance with this chapter.
    2-7        (g)  The applicant may execute a will according to the terms
    2-8  of a court order.
    2-9        SECTION 2.  Section 59(a), Texas Probate Code, is amended to
   2-10  read as follows:
   2-11        (a)  Every last will and testament, except where otherwise
   2-12  provided by law, shall be in writing and signed by the testator in
   2-13  person or by another person for him by his direction and in his
   2-14  presence, and shall, if not wholly in the handwriting of the
   2-15  testator, be attested by two or more credible witnesses above the
   2-16  age of fourteen years who shall subscribe their names thereto in
   2-17  their own handwriting in the presence of the testator.  Such a will
   2-18  or testament may, at the time of its execution or at any subsequent
   2-19  date during the lifetime of the testator and the witnesses, be made
   2-20  self-proved, and the testimony of the witnesses in the probate
   2-21  thereof may be made unnecessary, by the affidavits of the testator
   2-22  and the attesting witnesses, made before an officer authorized to
   2-23  administer oaths under the laws of this State.  Provided that
   2-24  nothing shall require an affidavit or certificate of any testator
   2-25  or testatrix as a prerequisite to self-proof of a will or testament
   2-26  other than the certificate set out below.  The affidavits shall be
   2-27  evidenced by a certificate, with official seal affixed, of such
    3-1  officer attached or annexed to such will or testament in form and
    3-2  contents substantially as follows:
    3-3        THE STATE OF TEXAS
    3-4        COUNTY OF ________________
    3-5        Before me, the undersigned authority, on this day personally
    3-6  appeared _______________, _______________, and _______________,
    3-7  known to me to be the testator and the witnesses, respectively,
    3-8  whose names are subscribed to the annexed or foregoing instrument
    3-9  in their respective capacities, and, all of said persons being by
   3-10  me duly sworn, the said _______________, testator, declared to me
   3-11  and to the said witnesses in my presence that said instrument is
   3-12  his last will and testament, and that he had willingly made and
   3-13  executed it as his free act and deed; and the said witnesses, each
   3-14  on his oath stated to me, in the presence and hearing of the said
   3-15  testator, that the said testator had declared to them that said
   3-16  instrument is his last will and testament, and that he executed
   3-17  same as such and wanted each of them to sign it as a witness; and
   3-18  upon their oaths each witness stated further that they did sign the
   3-19  same as witnesses in the presence of the said testator and at his
   3-20  request; that he was at that time eighteen years of age or over (or
   3-21  being under such age, was or had been lawfully married, <or> was
   3-22  then a member of the armed forces of the United States or of an
   3-23  auxiliary thereof or of the Maritime Service, or obtained a court
   3-24  order permitting the execution of a will under Section 57A, Texas
   3-25  Probate Code) and was of sound mind; and that each of said
   3-26  witnesses was then at least fourteen years of age.
   3-27                                            _________________________
    4-1                                                    Testator
    4-2                                            _________________________
    4-3                                                    Witness
    4-4                                            _________________________
    4-5                                                    Witness
    4-6        Subscribed and sworn to before me by the said ____________,
    4-7  testator, and by the said ________________ and _______________,
    4-8  witnesses, this ______ day of ________________ A.D.
    4-9  ________________.
   4-10  (SEAL)
   4-11                            (Signed) ________________________________
   4-12                                     (Official Capacity of Officer)
   4-13        SECTION 3.  The importance of this legislation and the
   4-14  crowded condition of the calendars in both houses create an
   4-15  emergency and an imperative public necessity that the
   4-16  constitutional rule requiring bills to be read on three several
   4-17  days in each house be suspended, and this rule is hereby suspended,
   4-18  and that this Act take effect and be in force from and after its
   4-19  passage, and it is so enacted.