SRC-JBJ H.B. 3467 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3467
77R12176 CLG-FBy: Hartnett (Bernsen)
Jurisprudence
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Current law requires the clerk of a court to issue a citation to all
parties interested in an estate when there is an application for the
probate of a noncupative will or for a written will which cannot be
produced in court.  No action can be taken on probating a will until
service of citation is made.  There are instances, however, when an heir
does not object to the offering of the will, allowing an opportunity for
wills to be probated and settled more efficiently.  H.B. 3467 provides that
the filing or contesting in probate court of any pleading relating to a
decedent's estate does not constitute tortious interference with
inheritance of the estate and provides that when a written will cannot be
produced in court, an heir may waive service of citation by delivering an
affidavit to the court stating that the heir does not object to the offer
of the testator's will for probate. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter I, Texas Probate Code, by adding Section 10C, as
follows: 

Sec. 10C.  EFFECT OF FILING OR CONTESTING PLEADING.  Provides that the
filing or contesting in probate court of any pleading relating to a
decedent's estate does not constitute tortious interference with
inheritance of the estate. 
 
SECTION 2.  Amends Section 128, Texas Probate Code, by amending Subsections
(b) and (c) and adding Subsections (d), (e), and (f), as follows: 

 (b)  Adds an exception to this subsection.

(c)  Waiver of Citation.  Provides that tn the case of an application for
the probate of a written will that cannot be produced in court, citation
under Subsection (b) of this section is not required to be issued to an
heir who has delivered to the court an affidavit signed by the heir stating
that the heir does not object to the offer of the testator's will for
probate. 

(d)  Additional Statements.  Requires the citation required by  Subsection
(b) of this section and an affidavit described by Subsection (c) of this
section, in the case of an application for the probate of a written will
that cannot be produced in court, to also contain a certain statement. 

(e)  Appointment of Attorney Ad Litem for Certain Heirs.  Requires the
court, if an application for the probate of a written will not produced in
court is filed and the residence of any of the testator's heirs cannot be
ascertained by the clerk, to appoint an attorney ad litem to protect the
interests of unknown heirs. 
 
 (f)  Reletters existing text of Subsection (c) as Subsection (f).
  
SECTION 3.  Makes application of this Act prospective.
 
SECTION 4.  Effective date: September 1, 2001.