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.