1-1                                   AN ACT

 1-2     relating to the administration of a decedent's estate.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Part 1, Chapter V, Texas Probate Code, is amended

 1-5     by amending Section 89A and adding Sections 89B and 89C to read as

 1-6     follows:

 1-7           Sec. 89A.  CONTENTS OF APPLICATION FOR PROBATE OF WILL AS

 1-8     MUNIMENT OF TITLE.  (a)  A written will shall, if within the

 1-9     control of the applicant, be filed with the application for probate

1-10     as a muniment of title, and shall remain in the custody of the

1-11     county clerk unless removed from the custody of the clerk by order

1-12     of a proper court.  An application for probate of a will as a

1-13     muniment of title shall state:

1-14                 (1)  The name and domicile of each applicant.

1-15                 (2)  The name, age if known, and domicile of the

1-16     decedent, and the fact, time, and place of death.

1-17                 (3)  Facts showing that the court has venue.

1-18                 (4)  That the decedent owned real or personal property,

1-19     or both, describing the property generally, and stating its

1-20     probable value.

1-21                 (5)  The date of the will, the name and residence of

1-22     the executor named in the will, if any, and the names and

1-23     residences of the subscribing witnesses, if any.

1-24                 (6)  Whether a child or children born or adopted after

 2-1     the making of such will survived the decedent, and the name of each

 2-2     such survivor, if any.

 2-3                 (7)  That there are no unpaid debts owing by the estate

 2-4     of the testator, excluding debts secured by liens on real estate.

 2-5                 (8)  Whether the decedent was ever divorced, and if so,

 2-6     when and from whom.

 2-7                 (9)  The social security number of the applicant and of

 2-8     the decedent.

 2-9                 (10)  Whether the state, a governmental agency of the

2-10     state, or a charitable organization is named by the will as a

2-11     devisee.

2-12           The foregoing matters shall be stated and averred in the

2-13     application to the extent that they are known to the applicant, or

2-14     can with reasonable diligence be ascertained by the applicant, and

2-15     if any of such matters is not stated or averred in the application,

2-16     the application shall set forth the reason why such matter is not

2-17     so stated and averred.

2-18           (b)  When a written will cannot be produced in court, in

2-19     addition to the requirements of Subsection (a) of this section, the

2-20     application shall state:

2-21                 (1)  The reason why such will cannot be produced.

2-22                 (2)  The contents of such will, to the extent known.

2-23                 (3)  The date of such will and the executor appointed

2-24     in the will, if any, to the extent known.

2-25                 (4)  The name, age, marital status, and address, if

2-26     known, and the relationship to the decedent, if any, of each

2-27     devisee, and of each person who would inherit as an heir in the

 3-1     absence of a valid will, and, in cases of partial intestacy, of

 3-2     each heir.

 3-3           (c)  An application for probate of a nuncupative will as

 3-4     muniment of title shall contain all applicable statements required

 3-5     with respect to written wills in the foregoing subsections and

 3-6     also:

 3-7                 (1)  The substance of testamentary words spoken.

 3-8                 (2)  The names and residences of the witnesses thereto.

 3-9           Sec. 89B.  PROOF REQUIRED FOR PROBATE OF A WILL AS A MUNIMENT

3-10     OF TITLE.  (a)  General Proof. Whenever an applicant seeks to

3-11     probate a will as a muniment of title, the applicant must first

3-12     prove to the satisfaction of the court:

3-13                 (1)  That the person is dead, and that four years have

3-14     not elapsed since the person's death and prior to the application;

3-15     and

3-16                 (2)  That the court has jurisdiction and venue over the

3-17     estate; and

3-18                 (3)  That citation has been served and returned in the

3-19     manner and for the length of time required by this Code; and

3-20                 (4)  That there are no unpaid debts owing by the estate

3-21     of the testator, excluding debts secured by liens on real estate.

3-22           (b)  To obtain probate of a will as a muniment of title, the

3-23     applicant must also prove to the satisfaction of the court:

3-24                 (1)  If the will is not self-proved as provided by this

3-25     Code, that the testator, at the time of executing the will, was at

3-26     least 18 years of age, or was or had been lawfully married, or was

3-27     a member of the armed forces of the United States or of the

 4-1     auxiliaries of the armed forces of the United States, or of the

 4-2     Maritime Service of the United States, and was of sound mind; and

 4-3                 (2)  If the will is not self-proved as provided by this

 4-4     Code, that the testator executed the will with the formalities and

 4-5     solemnities and under the circumstances required by law to make it

 4-6     a valid will; and

 4-7                 (3)  That such will was not revoked by the testator.

 4-8           Sec. 89C.  PROBATE OF WILLS AS MUNIMENTS OF TITLE.  (a)  In

 4-9     each instance where the court is satisfied that a will should be

4-10     admitted to probate, and where the court is further satisfied that

4-11     there are no unpaid debts owing by the estate of the testator,

4-12     excluding debts secured by liens on real estate, or for other

4-13     reason finds that there is no necessity for administration upon

4-14     such estate, the court may admit such will to probate as a muniment

4-15     of title.

4-16           (b)  If a person who is entitled to property under the

4-17     provisions of the will cannot be ascertained solely by reference to

4-18     the will or if a question of construction of the will exists, on

4-19     proper application and notice as provided by Chapter 37, Civil

4-20     Practice and Remedies Code, the court may hear evidence and include

4-21     in the order probating the will as a muniment of title a

4-22     declaratory judgment construing the will or determining those

4-23     persons who are entitled to receive property under the will and the

4-24     persons' shares or interests in the estate.  The judgment is

4-25     conclusive in any suit between any person omitted from the judgment

4-26     and a bona fide purchaser for value who has purchased real or

4-27     personal property after entry of the judgment without actual notice

 5-1     of the claim of the omitted person to an interest in the estate.

 5-2     Any person who has delivered property of the decedent to a person

 5-3     declared to be entitled to the property under the judgment or has

 5-4     engaged in any other transaction with the person in good faith

 5-5     after entry of the judgment is not liable to any person for actions

 5-6     taken in reliance on the judgment.

 5-7           (c)  The order admitting a will to probate as a muniment of

 5-8     title shall constitute sufficient legal authority to all persons

 5-9     owing any money to the estate of the decedent, having custody of

5-10     any property, or acting as registrar or transfer agent of any

5-11     evidence of interest, indebtedness, property, or right belonging to

5-12     the estate, and to persons purchasing from or otherwise dealing

5-13     with the estate, for payment or transfer, without liability, to the

5-14     persons described in such will as entitled to receive the

5-15     particular asset without administration.  The person or persons

5-16     entitled to property under the provisions of such wills shall be

5-17     entitled to deal with and treat the properties to which they are so

5-18     entitled in the same manner as if the record of title thereof were

5-19     vested in their names.

5-20           (d)  Unless waived by the court, before the 181st day, or

5-21     such later day as may be extended by the court, after the date a

5-22     will is admitted to probate as a muniment of title, the applicant

5-23     for probate of the will shall file with the clerk of the court a

5-24     sworn affidavit stating specifically the terms of the will that

5-25     have been fulfilled and the terms of the will that have been

5-26     unfulfilled.  Failure of the applicant for probate of the will to

5-27     file such affidavit shall not otherwise affect title to property

 6-1     passing under the terms of the will.

 6-2           SECTION 2.  Section 131A(b), Texas Probate Code, is amended

 6-3     to read as follows:

 6-4           (b)  Any person may file with the clerk of the court a

 6-5     written application for the appointment of a temporary

 6-6     administrator of a decedent's estate under this section.  The

 6-7     application must be verified and must include the information

 6-8     required by Section 81 of this code if the decedent died testate or

 6-9     Section 82 of this code if the  decedent died intestate and an

6-10     affidavit that sets out:

6-11                 (1)  the name, address, and interest of the applicant;

6-12                 (2)  the facts showing an immediate necessity for the

6-13     appointment of a temporary administrator;

6-14                 (3)  the requested powers and duties of the temporary

6-15     administrator;

6-16                 (4)  a statement that the applicant is entitled to

6-17     letters of temporary administration and is not disqualified by law

6-18     from serving as a temporary administrator;  and

6-19                 (5)  a description of the real and personal property

6-20     that the applicant believes to be in the decedent's estate.

6-21           SECTION 3.  Section 137(a), Texas Probate Code, is amended to

6-22     read as follows:

6-23           (a)  The distributees of the estate of a decedent who dies

6-24     intestate shall be entitled thereto, to the extent that the assets,

6-25     exclusive of homestead and exempt property, exceed the known

6-26     liabilities of said estate, exclusive of liabilities secured by

6-27     homestead and exempt property, without awaiting the appointment of

 7-1     a personal representative when:

 7-2                 (1)  No petition for the appointment of a personal

 7-3     representative is pending or has been granted; and

 7-4                 (2)  Thirty days have elapsed since the death of the

 7-5     decedent; and

 7-6                 (3)  The value of the entire assets of the estate, not

 7-7     including homestead and exempt property, does not exceed $50,000;

 7-8     and

 7-9                 (4)  There is filed with the clerk of the court having

7-10     jurisdiction and venue an affidavit sworn to by two disinterested

7-11     witnesses, by all such distributees that have legal capacity, and,

7-12     if the facts warrant, by the natural guardian or next of kin of any

7-13     minor or the guardian of any other incapacitated person who is also

7-14     a distributee, which affidavit shall be examined by the judge of

7-15     the court having jurisdiction and venue; and

7-16                 (5)  The affidavit shows the existence of the foregoing

7-17     conditions and includes a list of all of the known assets and

7-18     liabilities of the estate, the names and addresses of the

7-19     distributees, and the relevant family history facts concerning

7-20     heirship that show the distributees' rights to receive the money or

7-21     property of  the estate or to have such evidences of money,

7-22     property, or other rights of the estate as are found to exist

7-23     transferred to them as heirs or assignees; and

7-24                 (6)  The judge, in the judge's discretion, finds that

7-25     the affidavit conforms to the terms of this section and approves

7-26     the affidavit; and

7-27                 (7)  A copy of the affidavit, certified to by said

 8-1     clerk, is furnished by the distributees of the estate to the person

 8-2     or persons owing money to the estate, having custody or possession

 8-3     of property of the estate, or acting as registrar, fiduciary or

 8-4     transfer agent of or for evidences of interest, indebtedness,

 8-5     property, or other right belonging to the estate.

 8-6           SECTION 4.  The heading to Section 320, Texas Probate Code,

 8-7     is amended to read as follows:

 8-8           Sec. 320.  ORDER OF PAYMENT OF CLAIMS AND ALLOWANCES.

 8-9           SECTION 5.  Chapter XII, Texas Probate Code, as added by

8-10     Chapter 712, Acts of the 73rd Legislature, Regular Session, 1993,

8-11     is repealed.

8-12           SECTION 6.  This Act takes effect September 1, 1997, and

8-13     applies only to the estate of a decedent who dies on or after that

8-14     date.  The estate of a decedent who dies before the effective date

8-15     of this Act is governed by the law in effect at the time of the

8-16     decedent's death, and the former law is continued in effect for

8-17     that purpose.

8-18           SECTION 7.  The importance of this legislation and the

8-19     crowded condition of the calendars in both houses create an

8-20     emergency and an imperative public necessity that the

8-21     constitutional rule requiring bills to be read on three several

8-22     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2007 was passed by the House on April

         25, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2007 was passed by the Senate on May

         19, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor