By Ellis                                              S.B. No. 1550
         76R4133 CLG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to authorizing the filing of a final account for a
 1-3     decedent's estate under independent administration.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Part 4, Chapter VI, Texas Probate Code, is
 1-6     amended by adding Sections 149D, 149E, 149F, and 149G to read as
 1-7     follows:
 1-8           Sec. 149D.  DISTRIBUTION OF REMAINING ESTATE PENDING FINAL
 1-9     ACCOUNT.  (a)  On or before filing a verified final account under
1-10     Section 149E of this code, the independent executor must distribute
1-11     to the beneficiaries of the estate any of the assets or property of
1-12     the estate that remains in the hands of the independent executor
1-13     after all of the estate's debts have been paid, except for a
1-14     reasonable reserve of assets that the independent administrator may
1-15     retain in a fiduciary capacity pending court approval of the final
1-16     account.
1-17           (b)  The court may review the amount of assets on reserve and
1-18     may order the independent executor to make further distributions
1-19     under this section.
1-20           Sec. 149E.  CLOSING INDEPENDENT ADMINISTRATION ON FINAL
1-21     ACCOUNTING.  (a)  When an estate under independent administration
1-22     is to be settled and closed, the independent executor of the estate
1-23     may file with the court a verified final account of the estate and
1-24     request a discharge from any liability that may be imposed for acts
 2-1     performed as an independent executor.  A verified final account
 2-2     filed under this section must include:
 2-3                 (1)  the property of the estate that came into the
 2-4     hands of the independent executor, which may be described by
 2-5     reference to the inventory of the property of the estate required
 2-6     to be returned by the independent executor under this code rather
 2-7     than by particular item;
 2-8                 (2)  the debts of the estate that have been paid;
 2-9                 (3)  any outstanding debts of the estate;
2-10                 (4)  a complete account of receipts regarding the
2-11     property of the estate;
2-12                 (5)  a complete account of disbursements regarding the
2-13     property of the estate;
2-14                 (6)  any property of the estate remaining in the hands
2-15     of the independent executor after all of the estate's debts have
2-16     been paid;
2-17                 (7)  the names and residences of each person to whom
2-18     any property described by Subdivision (6) of this subsection has
2-19     been or should be distributed and the amount of property
2-20     distributed or to be distributed to each person;
2-21                 (8)  if the property of the estate described by
2-22     Subdivision (6) of this subsection is to be distributed in a manner
2-23     that is not pro rata, a description of the assets distributed or to
2-24     be distributed to each person described by Subdivision (7) of this
2-25     subsection; and
2-26                 (9)  other facts as necessary to have a complete
2-27     understanding of the exact condition of the estate.
 3-1           (b)  On filing a final account under this section, the
 3-2     independent executor shall send notice of the filing to each
 3-3     person interested in the estate known to the independent executor.
 3-4     Notice of the filing must:
 3-5                 (1)  be sent by certified or registered mail, return
 3-6     receipt requested;
 3-7                 (2)  be accompanied by a copy of the final account; and
 3-8                 (3)  state that unless the person makes an objection to
 3-9     the final account not later than the 90th day after the date on
3-10     which the person receives the notice, the independent executor will
3-11     be discharged from further liability as prescribed by this section.
3-12           (c)  Notice required by Subsection (b) of this section may be
3-13     waived by a person entitled to receive the notice.  The independent
3-14     executor shall file with the court a copy of the notice and proof
3-15     of delivery made to each person or of a waiver of notice received
3-16     under this section.
3-17           (d)  If an objection to the final account is not made by an
3-18     interested party within the time prescribed by Subsection (b) of
3-19     this section, the court, without further examination of the final
3-20     account, shall enter an order approving the final account and
3-21     discharging the independent executor from any liability relating to
3-22     a completely disclosed transaction in the final account.
3-23           (e)  If an objection to the final account or to the discharge
3-24     of the independent executor is made by an interested party within
3-25     the prescribed time, the court shall conduct a hearing to examine
3-26     the final account.  After the hearing, the court shall enter an
3-27     order that:
 4-1                 (1)  audits and settles the final account;
 4-2                 (2)  audits and settles the final account after the
 4-3     court restates the final account; or
 4-4                 (3)  after the court audits the final account, requires
 4-5     the independent executor to restate the final account before  the
 4-6     court settles the final account.
 4-7           (f)  If the independent executor retains any of the estate's
 4-8     assets under Section 149D(a) of this code, the court, on settlement
 4-9     of the final account, shall order a partition and distribution of
4-10     the assets to be made to the beneficiaries of the estate.
4-11           Sec. 149F.  COURT COSTS AND OTHER EXPENSES RELATED TO FINAL
4-12     ACCOUNT.  (a)  In a proceeding under Section 149E of this code, the
4-13     court may award, as the court considers equitable, fees and costs
4-14     incurred by the independent executor or a beneficiary with respect
4-15     to the final account.
4-16           (b)  If the court approves the final account without
4-17     objection, the independent executor's legal fees, expenses, and
4-18     other costs of the proceeding specified in the final account shall
4-19     be charged to the estate as an administrative expense.
4-20           (c)  If the court upholds an objection made to the final
4-21     account or to the discharge of the independent executor's liability
4-22     or if the court finds that the independent executor should not be
4-23     discharged from liability under this section, the court may
4-24     determine what portion, if any, of the legal fees, expenses, and
4-25     other costs of the proceeding shall be charged to the estate.
4-26           (d)  Except as ordered by the court, the independent executor
4-27     is entitled to pay from the estate legal fees, expenses, or other
 5-1     costs of a proceeding incurred in relation to the final account.
 5-2           (e)  The independent executor shall be personally liable to
 5-3     refund any amount not approved by the court as a proper charge
 5-4     against the estate.
 5-5           Sec. 149G.  RIGHTS AND REMEDIES CUMULATIVE.  The rights and
 5-6     remedies conferred by Sections 149D, 149E, and 149F of this code
 5-7     are cumulative of other rights and remedies to which a person
 5-8     interested in the estate may be entitled under law.
 5-9           SECTION 2.  The changes in law made by this Act apply only to
5-10     the estate of a person who dies on or after the effective date of
5-11     this Act.  An estate of a person who dies before the effective date
5-12     of this Act is governed by the law in effect on the date of the
5-13     person's death, and the former law is continued in effect for that
5-14     purpose.
5-15           SECTION 3.  This Act takes effect September 1, 1999.
5-16           SECTION 4.  The importance of this legislation and the
5-17     crowded condition of the calendars in both houses create an
5-18     emergency and an imperative public necessity that the
5-19     constitutional rule requiring bills to be read on three several
5-20     days in each house be suspended, and this rule is hereby suspended.