By Ellis                                              S.B. No. 1548
         76R4131 CLG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application for probate of a will as a muniment of
 1-3     title.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 89A(a), Texas Probate Code, is amended to
 1-6     read as follows:
 1-7           (a)  A written will shall, if within the control of the
 1-8     applicant, be filed with the application for probate as a muniment
 1-9     of title, and shall remain in the custody of the county clerk
1-10     unless removed from the custody of the clerk by order of a proper
1-11     court.  An application for probate of a will as a muniment of title
1-12     shall state:
1-13                 (1)  The name and domicile of each applicant.
1-14                 (2)  The name, age if known, and domicile of the
1-15     decedent, and the fact, time, and place of death.
1-16                 (3)  Facts showing that the court has venue.
1-17                 (4)  That the decedent owned real or personal property,
1-18     or both, describing the property generally, and stating its
1-19     probable value.
1-20                 (5)  The date of the will, the name and residence of
1-21     the executor named in the will, if any, and the names and
1-22     residences of the subscribing witnesses, if any.
1-23                 (6)  Whether a child or children born or adopted after
1-24     the making of such will survived the decedent, and the name of each
 2-1     such survivor, if any.
 2-2                 (7)  That there are no unpaid debts owing by the estate
 2-3     of the testator, excluding debts secured by liens on real estate,
 2-4     or that there is no other reason why an administration of the
 2-5     estate is necessary.
 2-6                 (8)  Whether the decedent was ever divorced, and if so,
 2-7     when and from whom.
 2-8                 (9)  [The social security number of the applicant and
 2-9     of the decedent.]
2-10                 [(10)]  Whether the state, a governmental agency of the
2-11     state, or a charitable organization is named by the will as a
2-12     devisee.
2-13           The foregoing matters shall be stated and averred in the
2-14     application to the extent that they are known to the applicant, or
2-15     can with reasonable diligence be ascertained by the applicant, and
2-16     if any of such matters is not stated or averred in the application,
2-17     the application shall set forth the reason why such matter is not
2-18     so stated and averred.
2-19           SECTION 2.  The changes in law made by this Act to Section
2-20     89A(a), Texas Probate Code, apply only to an application to probate
2-21     a will as a muniment of title filed on or after the effective date
2-22     of this Act.  An application to probate a will as a muniment of
2-23     title filed before the effective date of this Act is governed by
2-24     the law in effect on the date the application was filed, and the
2-25     former law is continued in effect for that purpose.
2-26           SECTION 3.  This Act takes effect September 1, 1999.
2-27           SECTION 4.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended.