SRC-SLL S.B. 506 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 506
By: Harris
Jurisprudence
2-17-97
As Filed


DIGEST 

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 of 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.  Additionally, 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. This bill will also give personal
representatives, independent executors, and independent administrators the
right to abandon worthless property. 

PURPOSE

As proposed, 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 and will give
personal representatives, independent executors, and independent
administrators the right to abandon worthless property. 

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 Section 42(b)(1), Probate Code, to provide 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 2. 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 3. Amends Section 81(a), Probate Code, to delete a requirement
that an application for probate of a written will must state the social
security number of the applicant and of the decedent. Makes a conforming
change. 

SECTION 4. Amends Section 82, Probate Code, to delete a 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 5. Amends Section 146, Probate Code, by amending Subsection (b)
and adding Subsections (d) and (e), to require certain creditors, within a
certain time period, to give notice to, rather than notify by certified or
registered mail, the independent executor of the creditor's election  to
have the creditor's claim approved.  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.  Sets forth
requirements for the notice required by Subsections (b) and (d) of this
section. 

SECTION 6. Amends Section 234(a), Probate Code, to authorize a personal
representative, in certain circumstances, to abandon the administration of
property of the estate that is burdensome or worthless. 

SECTION 7. 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 8. Amends Section 290, Probate Code, to make a conforming change.

SECTION 9. Amends Section 299, Probate Code, to provide that the general
statutes of limitation are tolled on 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 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 10. Amends Sections 306(c), (e), and (f), Probate Code, to require
certain claims to be paid in due course of administration and to provide
that the secured creditor is not entitled to exercise any other remedies
in a manner that prevents the preferential payment of claims, rather than
claims and allowances, described by Paragraphs (1) and (3), rather than
(1) through (3), of Section 320(a) of this code.  Requires 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 claim holder, rather than if the court authorizes a claim
holder, to foreclose the claimholder's lein or security interest on
certain property to be supported by affidavit of the claimholder
containing certain information.  Makes conforming changes. 

SECTION 11. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 12. Emergency clause.