1-1     By:  Naishtat (Senate Sponsor - Ellis)                H.B. No. 1660
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; May 11, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 11, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to closing the administration of a decedent's estate.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 404, Texas Probate Code, as amended by
1-11     Chapters 712 and 957, Acts of the 73rd Legislature, Regular
1-12     Session, 1993, is amended and reenacted to read as follows:
1-13           Sec. 404.  CLOSING ADMINISTRATION OF ESTATES OF DECEDENTS
1-14     [AND GUARDIANSHIP OF WARDS OR THEIR ESTATES].  [(a)]
1-15     Administration of the estates of decedents [and guardianship of the
1-16     persons and estates of wards] shall be settled and closed[:]
1-17                 [(1)]  when all the debts known to exist against the
1-18     estate of a deceased person have been paid, or when they have been
1-19     paid so far as  the assets in the hands of an administrator or
1-20     executor of such estate will permit, and when there is no further
1-21     need for administration[;]
1-22                 [(2)  when a minor ward dies, or becomes an adult by
1-23     becoming eighteen years of age, or by removal of disabilities of
1-24     minority according to the law of this state, or by marriage, or
1-25     when the necessity for guardianship no longer exists for other
1-26     reasons;]
1-27                 [(3)  when an incompetent ward dies, or is decreed as
1-28     provided by law to have been restored to sound mind or sober
1-29     habits, or, being married, when his or her spouse has qualified as
1-30     survivor in community;]
1-31                 [(4)  when a ward entitled to funds from a governmental
1-32     source dies, or when the court finds that the necessity for the
1-33     guardianship of that person has ended;]
1-34                 [(5)  when the estate of a ward becomes exhausted;]
1-35                 [(6)  when the foreseeable income accruing to a ward or
1-36     to his estate is so negligible that maintaining the guardianship in
1-37     force would  be burdensome; or]
1-38                 [(7)  when:]
1-39                       [(A)  a guardianship of the estate does not
1-40     exist;]
1-41                       [(B)  a natural parent of the ward requests the
1-42     settlement and closing of the guardianship; and]
1-43                       [(C)  the court finds it is in the best interest
1-44     of the ward to settle and close the guardianship.]
1-45           [(b)  In a case arising under Subsection (a)(6) of this
1-46     section, the court may authorize the income to be paid to a parent,
1-47     or some other person who has acted as guardian, to assist as far as
1-48     possible in the maintenance of the ward, and without liability to
1-49     account to the court for the income.]
1-50           [(c)  When the estate of a minor ward consists only of cash
1-51     or cash equivalents in an amount of not more than $25,000, the
1-52     guardianship of the  estate may be terminated and the assets paid
1-53     to the county clerk of the county in which the guardianship
1-54     proceeding is pending, and the clerk shall manage the funds as
1-55     provided by Section 144(a) of this code].
1-56           SECTION 2.  The importance of this legislation and the
1-57     crowded condition of the calendars in both houses create an
1-58     emergency and an imperative public necessity that the
1-59     constitutional rule requiring bills to be read on three several
1-60     days in each house be suspended, and this rule is hereby suspended,
1-61     and that this Act take effect and be in force from and after its
1-62     passage, and it is so enacted.
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