SRC-SLL H.B. 2007 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2007
By: Thompson (Harris)
Jurisprudence
4-30-97
Engrossed


DIGEST 

Currently, there are no provisions to guide an individual through the
requirements of probating a will as a muniment of title which could aid
individuals in avoiding the expensive administration associated with
letters testamentary which are not always necessary.  Additionally, the
court can appoint temporary administrators for the estate of a decedent
who died without a will.  Temporary administrations  are necessary under
circumstances such as when there are impending sales or foreclosures of
the decedent's estate or when a decedent has a company that must pay its
employees. Allowing a court to appoint a temporary administration of the
estates of decedents who died testate will be a useful tool to preserve
estates of those who died intestate.  Under existing law heirs of a
decedent who died without a will and with property valued at less than
$50,000 can become entitled to the assets of the decedent upon filing an
affidavit with the proper court.  Requiring the affidavit to provide
information about family history that indicated the heirs' rights to
receive property will help ensure that the court has sufficient
information to approve the affidavit and allow the heirs the proper
documents to collect the estate.  This bill will provide new regulations
regarding the administration of a decedent's estate. 

PURPOSE

As proposed, H.B. 2007 provides new regulations regarding the
administration of a decedent's estate. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Part 1, Chapter V, Probate Code, by amending Section
89A, and adding Sections 89B and 89C, as follows: 

Sec.  89A.  CONTENTS OF APPLICATION FOR PROBATE OF WILL AS MUNIMENT OF
TITLE.  Sets forth regulations regarding the contents of an application
for probate of a will as a muniment of title. 

Sec.  89B.  PROOF REQUIRED FOR PROBATE OF A WILL AS A MUNIMENT OF TITLE.
Sets forth regulations regarding the proof required for probate of a will
as a muniment of title. 

Sec.  89C.  PROBATE OF WILLS AS MUNIMENTS OF TITLE.  Created from existing
Section 89A. 

SECTION 2. Amends Section 131A(b), Probate Code, to require an application
for appointment of a temporary administrator to include the information
required by Section 81 of this code if the decedent died testate or
Section 82 of this code if the decedent died intestate. 

SECTION 3. Amends Section 137(a), Probate Code, to require the
distributees of the estate of a decedent who dies intestate to be entitled
thereto, under certain conditions, without awaiting the appointment of a
personal representative when the affidavit includes the relevant family
history facts concerning heirship that show the distributees rights to
receive the money or the property of the  estate, among other items. 

SECTION 4. Amends the heading to Section 320, Probate Code, as follows:

Sec.  320.  New heading: ORDER OF PAYMENT OF CLAIMS AND ALLOWANCES.

SECTION 5. Repealer: Chapter XII, Probate Code (Informal Probate).

SECTION 6. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 7. Emergency clause.