By Naishtat H.B. No. 1661
76R1428 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the final accounting of a decedent's or ward's estate.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 406, Texas Probate Code, as amended by
1-5 Chapters 898 and 957, Acts of the 73rd Legislature, 1993, is
1-6 amended and reenacted to read as follows:
1-7 Sec. 406. PROCEDURE IN CASE OF NEGLECT OR FAILURE TO FILE
1-8 FINAL ACCOUNT; PAYMENTS DUE MEANTIME. (a) If a personal
1-9 representative charged with the duty of filing a final account
1-10 fails or neglects so to do at the proper time, the court shall
1-11 [may], upon its own motion, or [shall,] upon the written complaint
1-12 of any one interested in the decedent's [or ward's] estate which
1-13 has been administered, cause such representative to be cited to
1-14 appear and present such account within the time specified in the
1-15 citation.
1-16 (b) [If a written complaint has not been filed by anyone
1-17 interested in the guardianship of a person or estate of a minor or
1-18 deceased ward, the court may, on or after the third anniversary
1-19 after the date of the death of the ward or after the date the minor
1-20 reaches the age of majority, remove the estate from the court's
1-21 active docket without a final accounting and without appointing a
1-22 successor personal representative.]
1-23 [(c) If a complaint has not been filed by anyone interested
1-24 in the estate of a ward whose whereabouts are unknown to the court,
2-1 the court may, on or after the fourth anniversary after the ward's
2-2 whereabouts became unknown to the court, remove the estate from the
2-3 court's active docket without a final accounting and without
2-4 appointing a successor personal representative.][]
2-5 [(d)] If the whereabouts of the personal representative and
2-6 heirs of a decedent are unknown and a complaint has not been filed
2-7 by anyone interested in the decedent's estate, the court may, on
2-8 or after the fourth anniversary after the last date on which
2-9 letters testamentary or of administration are issued by the court
2-10 clerk, close the estate without a final accounting and without
2-11 appointing a successor personal representative.
2-12 [(e) Rentals or other payments becoming due to the ward, his
2-13 estate, or his guardian, between the date the ward's disability
2-14 terminates or the date of the ward's death and the effective date
2-15 of the guardian's discharge may be paid or tendered to the
2-16 emancipated ward, his guardian, or the personal representative of
2-17 the ward's estate, at obligor's option, and such payment or tender
2-18 shall constitute and be an absolute discharge of such matured
2-19 obligation for all purposes to the extent of the amount thus paid
2-20 or tendered.]
2-21 SECTION 2. The change in law made by this Act applies only
2-22 to the estates of persons who die on or after the effective date of
2-23 this Act. The estate of a person who dies before the effective
2-24 date of this Act is governed by the law in effect on the date of
2-25 the person's death, and the former law is continued in effect for
2-26 that purpose.
2-27 SECTION 3. This Act takes effect September 1, 1999.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.