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


Senate Research CenterC.S.S.B. 506
By: Harris
Jurisprudence
3-18-97
Committee Report (Substituted)


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, 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

As proposed, C.S.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

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

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 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 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. 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 5. 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 6. 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 7. 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.  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 make a conforming change.

SECTION 10. 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 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: September 1, 1997.
  Makes application of this Act prospective.

SECTION 13. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Adds Section 36, Probate Code, to authorize the court to request certain
information from an applicant or court-appointed fiduciary.  Sets forth
procedures for maintaining the information.  Makes conforming changes. 

SECTION 7.

Amends Section 234(a), Probate Code, at the end of (a)(6), to add the
following: 
 

"Abandoned real or personal property may be foreclosed by a secured party,
trustee or mortgagee without further court order." 


SECTION 11.

Amends Sections 306(e), (f), (i), and (j), Probate Code, to delete
proposed amendment to Subsection (c).  Sets forth actions the court is
required to take if the court finds that there is a default in payment or
performance under a contract that secures payment of a claim. Makes
conforming and nonsubstantive changes.