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.