By Naishtat H.B. No. 3432
75R4418 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to claims against the estate of a ward.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 805, Texas Probate Code, is amended to
1-5 read as follows:
1-6 Sec. 805. ORDER OF PAYMENT OF CLAIMS. (a) The guardian
1-7 shall pay a claim against the estate of the guardian's ward that
1-8 has been allowed and approved or established by suit, as soon as
1-9 practicable, in the following order, except as provided by
1-10 Subsection (b) of this section:
1-11 (1) expenses for the care, maintenance, and education
1-12 of the ward or the ward's dependents;
1-13 (2) funeral expenses of the ward and expenses of the
1-14 ward's last illness, if the guardianship is kept open after the
1-15 death of the ward as provided under this chapter, except that any
1-16 claim against the estate of a ward that has been allowed and
1-17 approved or established by suit before the death of the ward shall
1-18 be paid before the funeral expenses and expenses of the last
1-19 illness;
1-20 (3) expenses of administration; and
1-21 (4) other claims against the ward or the ward's
1-22 estate.
1-23 (b) If the estate is insolvent, the guardian shall give
1-24 first priority to the payment of a claim relating to the
2-1 administration of the guardianship. The guardian shall pay other
2-2 claims against the ward's estate in the order prescribed by
2-3 Subsection (a) of this section.
2-4 (c) A claimant whose claim has not been paid may petition
2-5 the court for determination of the claim at any time before it is
2-6 barred by the applicable statute of limitations and on due proof
2-7 procure an order for its allowance and payment from the estate.
2-8 SECTION 2. A court may modify any guardianship in effect on
2-9 September 1, 1997, to conform with the requirements of the Texas
2-10 Probate Code, as amended by this Act, on the court's own motion or
2-11 on application by the ward, guardian, or any other interested
2-12 person or entity.
2-13 SECTION 3. Except as provided by Section 2 of this Act:
2-14 (1) the change in law made by this Act applies only to
2-15 proceedings for the appointment of a guardian instituted on or
2-16 after the effective date of this Act; and
2-17 (2) a proceeding for the appointment of a guardian
2-18 that is instituted before the effective date of this Act is
2-19 governed by the law in effect on the date the proceedings were
2-20 instituted, and the former law is continued in effect for that
2-21 purpose.
2-22 SECTION 4. This Act takes effect September 1, 1997.
2-23 SECTION 5. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.