By Pitts H.B. No. 3233
76R5124 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to sealing an inventory and appraisement in certain
1-3 probate matters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Part 1, Chapter VIII, Texas Probate Code, is
1-6 amended by adding Sections 250A and 250B to read as follows:
1-7 Sec. 250A. SEALING OF INVENTORY AND APPRAISEMENT. (a)
1-8 Except as provided by Subsection (e) of this section, the inventory
1-9 and appraisement of an estate may be sealed in the manner provided
1-10 by this section.
1-11 (b) An independent executor may file with the court in which
1-12 an inventory and appraisement was filed an application requesting
1-13 the sealing of the inventory and appraisement. The application
1-14 must state that the independent executor has complied with the
1-15 requirements of Subsection (c) of this section.
1-16 (c) Before filing an application requesting the sealing of
1-17 the inventory and appraisement, the independent executor must file
1-18 with the court in which the inventory and appraisement was filed:
1-19 (1) an abbreviated inventory that includes a
1-20 description of, but not the appraisement of, all real property
1-21 included in the inventory and appraisement under Section 250 of
1-22 this code;
1-23 (2) a statement that the executor will provide a copy
1-24 of the inventory and appraisement filed under Section 250 of this
2-1 code to a creditor of the estate, if requested by the creditor; and
2-2 (3) a sworn statement that the executor has provided
2-3 to each heir or beneficiary of the estate a certified copy of the
2-4 inventory and appraisement filed under Section 250 of this code.
2-5 (d) On determination that the requirements of this section
2-6 and Section 250 of this code are met, the court shall order the
2-7 sealing of the inventory and appraisement.
2-8 (e) An inventory and appraisement may not be sealed under
2-9 this section if the terms of a will expressly prohibit the sealing
2-10 of those records.
2-11 Sec. 250B. OPENING OF SEALED INVENTORY AND APPRAISEMENT ON
2-12 APPLICATION BY CERTAIN PERSONS. (a) Notwithstanding the order
2-13 sealing the inventory and appraisement under Section 250A of this
2-14 code, a person interested in the estate, including a creditor or an
2-15 heir or beneficiary who was provided a certified copy of the
2-16 inventory and appraisement under Section 250A of this code, may
2-17 petition the court to request a copy or certified copy of the
2-18 sealed inventory and appraisement. On receipt of a request under
2-19 this subsection, the court shall order that the sealed inventory
2-20 and appraisement be:
2-21 (1) temporarily opened for the purpose of preparing
2-22 the copy or certified copy; and
2-23 (2) resealed after the copy or certified copy has been
2-24 prepared.
2-25 (b) Notice to an independent executor, or any person,
2-26 interested in the estate is not required if the court orders that
2-27 the sealed inventory and appraisement of an estate be temporarily
3-1 opened under Subsection (a) of this section.
3-2 (c) A person interested in an estate may file an application
3-3 with the court in which the inventory and appraisement under
3-4 Section 250 of this code was filed requesting that an inventory and
3-5 appraisement sealed under Section 250A of this code be permanently
3-6 opened. Notice to the independent executor, if the administration
3-7 of the estate is pending, or to the heirs or beneficiaries, if the
3-8 administration of the estate is closed, is required before a
3-9 hearing on the application.
3-10 (d) On hearing an application under Subsection (c) of this
3-11 section, the court shall order that an inventory and appraisement
3-12 that was sealed under Section 250A of this section be permanently
3-13 opened if the court finds good cause for opening the inventory and
3-14 appraisement.
3-15 SECTION 2. This Act takes effect September 1, 1999, and
3-16 applies only to the administration of the estate of a decedent who
3-17 dies on or after that date. The administration of the estate of a
3-18 decedent who dies before the effective date of this Act is governed
3-19 by the law in effect on the date of the decedent's death, and the
3-20 former law is continued in effect for that purpose.
3-21 SECTION 3. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.