SRC-JEC S.B. 723 77(R)BILL ANALYSIS


Senate Research CenterS.B. 723
By: Bernsen
Jurisprudence
6/20/2001
Enrolled


DIGEST AND PURPOSE 

Currently, the Probate Code contains inconsistencies in need of
clarification and update.  S.B. 723 addresses privacy concerns by removing
social security numbers from the contents of an application for probate of
will as muniment of title, thereby conforming it to other types of probate
applications.  It also substitutes a broader and more appropriate phrase
for a limited one, and clarifies code regarding claims against decedents'
estates. 

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 Section 89A(a), Texas Probate Code, to delete the social
security numbers of the applicant and of the decedent from the required
information on an application for probate of a will as a muniment of title. 

SECTION 2.  Amends Section 177(b), Texas Probate Code, to substitute the
term "personal representative" for "executor" of the estate of a deceased
person.  Makes conforming changes. 

SECTION 3.  Amends Section 313, Texas Probate Code, to require a claimant
in a suit in which a claim has been rejected by the representative to
institute suit thereon in the court of original probate jurisdiction in
which the estate is pending.  Deletes language allowing the suit to be
instituted in any other court of proper jurisdiction.  Deletes text to make
a conforming change. 

SECTION 4.  Makes application of the change made to Section 89A(a), Texas
Probate Code, by this Act, prospective. 

SECTION 5.  Makes application of the changes made to Sections 177(b) and
313, Texas Probate Code, by this Act, prospective. 

SECTION 6.  Effective date: September 1, 2001.