By Thompson H.B. No. 2007 75R7755 BEM-D A BILL TO BE ENTITLED 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.