1-1 By: Naishtat (Senate Sponsor - Ellis) H.B. No. 1661
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 the final accounting of a decedent's or ward's estate.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 406, Texas Probate Code, as amended by
1-11 Chapters 898 and 957, Acts of the 73rd Legislature, 1993, is
1-12 amended and reenacted to read as follows:
1-13 Sec. 406. PROCEDURE IN CASE OF NEGLECT OR FAILURE TO FILE
1-14 FINAL ACCOUNT; PAYMENTS DUE MEANTIME. (a) If a personal
1-15 representative charged with the duty of filing a final account
1-16 fails or neglects so to do at the proper time, the court shall
1-17 [may], upon its own motion, or [shall,] upon the written complaint
1-18 of any one interested in the decedent's [or ward's] estate which
1-19 has been administered, cause such representative to be cited to
1-20 appear and present such account within the time specified in the
1-21 citation.
1-22 (b) [If a written complaint has not been filed by anyone
1-23 interested in the guardianship of a person or estate of a minor or
1-24 deceased ward, the court may, on or after the third anniversary
1-25 after the date of the death of the ward or after the date the minor
1-26 reaches the age of majority, remove the estate from the court's
1-27 active docket without a final accounting and without appointing a
1-28 successor personal representative.]
1-29 [(c) If a complaint has not been filed by anyone interested
1-30 in the estate of a ward whose whereabouts are unknown to the court,
1-31 the court may, on or after the fourth anniversary after the ward's
1-32 whereabouts became unknown to the court, remove the estate from the
1-33 court's active docket without a final accounting and without
1-34 appointing a successor personal representative.][]
1-35 [(d)] If the whereabouts of the personal representative and
1-36 heirs of a decedent are unknown and a complaint has not been filed
1-37 by anyone interested in the decedent's estate, the court may, on
1-38 or after the fourth anniversary after the last date on which
1-39 letters testamentary or of administration are issued by the court
1-40 clerk, close the estate without a final accounting and without
1-41 appointing a successor personal representative.
1-42 [(e) Rentals or other payments becoming due to the ward, his
1-43 estate, or his guardian, between the date the ward's disability
1-44 terminates or the date of the ward's death and the effective date
1-45 of the guardian's discharge may be paid or tendered to the
1-46 emancipated ward, his guardian, or the personal representative of
1-47 the ward's estate, at obligor's option, and such payment or tender
1-48 shall constitute and be an absolute discharge of such matured
1-49 obligation for all purposes to the extent of the amount thus paid
1-50 or tendered.]
1-51 SECTION 2. The change in law made by this Act applies only
1-52 to the estates of persons who die on or after the effective date of
1-53 this Act. The estate of a person who dies before the effective
1-54 date of this Act is governed by the law in effect on the date of
1-55 the person's death, and the former law is continued in effect for
1-56 that purpose.
1-57 SECTION 3. This Act takes effect September 1, 1999.
1-58 SECTION 4. The importance of this legislation and the
1-59 crowded condition of the calendars in both houses create an
1-60 emergency and an imperative public necessity that the
1-61 constitutional rule requiring bills to be read on three several
1-62 days in each house be suspended, and this rule is hereby suspended.
1-63 * * * * *