PMWJ C.S.H.B. 2702 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 2702 By: Zbranek C.S.H.B. 2702 By: Zbranek 4-9-97 Committee Report (Substituted) BACKGROUND Currently, in a probate case, an individual filing an inventory and appraisement can be charged additional fees although they are in full compliance with the 90-day requirement of Sec. 250 of the Probate Code. These additional charges arise because inconsistencies in Sec. 118.055 of the Local Government Code allows a fee to be charged 90 days after the date of filing the probate and Sec. 250 of the Probate Code allows the filing of inventory and appraisement 90 days after the admitting of the will for probate. This creates an arbitrary window in which an administration can be charged additional fees although they are in full compliance with the law. PURPOSE This bill extends the time before additional fees can be charged for filing an inventory and appraisement. 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. Sec. 118.055(d) of the Local Government Code is amended to extend the time period that the fees for probate of a will with independent executor, administration with a will attached, administration of an estate, guardianship or receivership of an estate, or muniment of title apply from filing until an order approving the inventory or appraisement is filed or the 120th day, instead of the 90th day, after the date on which the action is filed, whichever occurs first. SECTION 2. Emergency clause. Effective date. COMPARISON OF ORIGINAL TO SUBSTITUTE Section 1 of the original bill required that the fees for probate of a will with independent executor, administration with a will attached, administration of an estate, guardianship or receivership of an estate, or muniment of title are for service rendered from filing until an order approving the inventory or appraisement is filed instead of until an order approving the inventory or appraisement is filed or the 90th day after the date on which the action is filed, whichever occurs first. Section 1 in the substitute merely changes the "90th" day to the "120th" day.