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.