PMWJ S.B. 506 75(R)    BILL ANALYSIS


JUDICIAL AFFAIRS
S.B. 506
By: Brown (Thompson)
4-2-97
Committee Report (Unamended)


BACKGROUND 

 Currently,  Texas law requires the social security number of the decedent
and of the applicant to be included in all applications for letters
testamentary or letters of administration.  Requiring the disclosure of
social security numbers in documents which become public records is viewed
as unnecessarily intrusive to a person's right to privacy and gives rise
to the potential for misuse of those numbers by persons who would not
otherwise have access to them.  In addition, a personal representative of
an estate does not have the right to abandon property.  S.B. 506 will
remove the requirement that the social security number of the decedent and
the applicant be included in all applications for letters testamentary or
letters of administration, but will authorize the court to request that
information.  This bill will also give personal representatives,
independent executors, and independent administrators the right to abandon
worthless property. 


PURPOSE

 S.B. 506 deletes the requirement that the social security number of the
decedent and the applicant be included in all applications for letters
testamentary or letters of administration, but authorizes the court to
request that information, and will give personal representatives,
independent executors, and independent administrators the right to abandon
worthless property. 


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 amends Section 36, Probate Code, to authorize the court to
request an applicant or court-appointed fiduciary to produce other
information identifying an applicant, decedent, or personal
representative, including social security numbers, in addition to
identifying information the applicant or fiduciary is required to produce
under this code.  Requires the court to maintain the information required
under this subsection, and prohibits the information from being filed with
the clerk. 

 SECTION 2 amends Section 42(b)(1), Probate Code, to make conforming
changes to references to new section numbers in the Family Code.  It
provides that a child, for the purpose of inheritance, is the child of his
biological father if the child is born under circumstances described by
Section 151.002, rather than 12.02, Family Code, is adjudicated to be the
child of the father by court decree as provided by Chapter 160, rather
than 13, Family Code, or if the father executed a statement of paternity
as provided by Section 160.202, rather than 13.22, Family Code. 

 SECTION 3 amends Section 69(a), Probate Code, to require, if, after
making a will, the testator is divorced or the testator's marriage is
annulled, all provisions in the the will in favor of the testator's former
spouse, or appointing such spouse to any fiduciary capacity under the will
or with respect to the estate or person of the testator's children, to be
read as if the former spouse failed to survive the testator. 
 
 SECTION 4 deletes Section 81(a)(9), Probate Code, the requirement that an
application for probate of a written will must state the social security
number of the applicant and of the decedent. Renumbers (a)(10) as (a)(9).

 SECTION 5 deletes Section 82(i), Probate Code, the requirement that an
application for letters of administration when no will is alleged to exist
must state the social security number of the applicant and of the decedent
if known.  Makes a conforming change. 

 SECTION 6 amends Section 146(b), Probate Code, and adds new Subsections
(d) and (e). 
 Subsec. (b) is amended to change "notify...by certified or registered
mail" to "give notice to;" notice requirements are detailed in new Subsec.
(e). 
 New Subsec. (d), Notice Required of Unsecured Creditor, requires an
unsecured creditor who has a claim for money against an estate and
receives a notice under Section 294(d) of this code to give notice to the
independent executor of the nature and amount of the claim not later than
the 120th day after the date on which the notice is received, or the claim
is barred.   
 New Subsec. (e), Placement of Notice, provides that the notice required
by Subsections (b) and (d) of this section must be in a writing that is
hand-delivered with proof of receipt, mailed by certified mail, return
receipt requested, in a filed pleading in a lawsuit with respect to the
claim, or in a writing or pleading filed in the court in which
administration of the estate is pending. 

 SECTION 7 adds a new Subdivision (6) to Section 234(a), Probate Code, to
authorize a personal representative to abandon the administration of
property of the estate that is burdensome or worthless.  Authorizes
abandoned real or personal property to be foreclosed by a secured party,
trustee, or mortgagee without further court order. 

 SECTION 8 amends Section 281, Probate Code, to require certain exempt
property to be liable for the payment of Class 1 claims, rather than the
funeral expenses and the expenses of last sickness of the deceased, when
claims are presented within the time prescribed therefor. 

 SECTION 9 amends Section 290, Probate Code, to require that the family
allowance shall be paid in preference to other claims except Class 1
claims, rather than the funeral expenses and the expenses of last sickness
of the deceased. 

 SECTION 10 amends Section 299, Probate Code, to provide that the general
statutes of limitation are tolled on (1) the date a claim for money is
filed or deposited with the clerk, rather than by filing a claim which is
legally allowed and approved or (2) on the date a suit is brought against
the personal representative of an estate with respect to a claim of the
estate that is not required to be presented to the personal
representative, rather than by bringing a suit upon a rejected and
disapproved claim within ninety days after such rejection or disapproval. 

 SECTION 11 amends Sections 306(e), (f), (i), and (j), Probate Code, to
require the court, if the representative defaults in such payment of
performance, on application of the claim holder, to authorize foreclosure
by the claim holder as prescribed by Subsections (f) through (k) of this
section. Requires an application by a claimholder under Subsection (e) of
this section, rather than if the court authorizes a claimholder, to
foreclose the claimholder's lien or security interest on certain property
to be supported by affidavit of the claimholder containing certain
information.  Requires the court, if the court finds at a hearing that
there is a default in payment or performance under the contract that
secures the payment of the claim, to take certain actions.  Requires the
court, when the court grants a claimholder the right to foreclosure, to
authorize, rather than enter an order granting permission, the claimholder
to foreclose the claimholder's mortgage, lien, or security interest.
Makes conforming changes. 

 SECTION 12. Effective date.  Application of act.

 SECTION 13. Emergency clause.