By Thompson                                           H.B. No. 1131
         77R3275 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the probate and administration of a decedent's estate.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 89A(a), Texas Probate Code, is amended to
 1-5     read as follows:
 1-6           (a)  A written will shall, if within the control of the
 1-7     applicant, be filed with the application for probate as a muniment
 1-8     of title, and shall remain in the custody of the county clerk
 1-9     unless removed from the custody of the clerk by order of a proper
1-10     court.  An application for probate of a will as a muniment of title
1-11     shall state:
1-12                 (1)  The name and domicile of each applicant.
1-13                 (2)  The name, age if known, and domicile of the
1-14     decedent, and the fact, time, and place of death.
1-15                 (3)  Facts showing that the court has venue.
1-16                 (4)  That the decedent owned real or personal property,
1-17     or both, describing the property generally, and stating its
1-18     probable value.
1-19                 (5)  The date of the will, the name and residence of
1-20     the executor named in the will, if any, and the names and
1-21     residences of the subscribing witnesses, if any.
1-22                 (6)  Whether a child or children born or adopted after
1-23     the making of such will survived the decedent, and the name of each
1-24     such survivor, if any.
 2-1                 (7)  That there are no unpaid debts owing by the estate
 2-2     of the testator, excluding debts secured by liens on real estate.
 2-3                 (8)  Whether the decedent was ever divorced, and if so,
 2-4     when and from whom.
 2-5                 (9)  [The social security number of the applicant and
 2-6     of the decedent.]
 2-7                 [(10)]  Whether the state, a governmental agency of the
 2-8     state, or a charitable organization is named by the will as a
 2-9     devisee.
2-10           The foregoing matters shall be stated and averred in the
2-11     application to the extent that they are known to the applicant, or
2-12     can with reasonable diligence be ascertained by the applicant, and
2-13     if any of such matters is not stated or averred in the application,
2-14     the application shall set forth the reason why such matter is not
2-15     so stated and averred.
2-16           SECTION 2. Section 177(b), Texas Probate Code, is amended to
2-17     read as follows:
2-18           (b)  When No Community Administrator Has Qualified.  When a
2-19     personal representative [an executor] of the estate of a deceased
2-20     spouse has duly qualified, the personal representative [such
2-21     executor] is authorized to administer, not only the separate
2-22     property of the deceased spouse, but also the community property
2-23     which was by law under the management of the deceased spouse during
2-24     the continuance of the marriage and all of the community property
2-25     that was by law under the joint control of the spouses during the
2-26     continuance of the marriage.  The surviving spouse, as surviving
2-27     partner of the marital partnership, is entitled to retain
 3-1     possession and control of all community property which was legally
 3-2     under the sole management of the surviving spouse during the
 3-3     continuance of the marriage and to exercise over that property all
 3-4     the powers elsewhere in this part of this code [Code] authorized to
 3-5     be exercised by the surviving spouse when there is no
 3-6     administration pending on the estate of the deceased spouse.  The
 3-7     surviving spouse may by written instrument filed with the clerk
 3-8     waive any right to exercise powers as community survivor, and in
 3-9     such event the personal representative [executor or administrator]
3-10     of the deceased spouse shall be authorized to administer upon the
3-11     entire community estate.
3-12           SECTION 3. Section 313, Texas Probate Code, is amended to
3-13     read as follows:
3-14           Sec. 313.  SUIT ON REJECTED CLAIM. When a claim or a part
3-15     thereof has been rejected by the representative, the claimant shall
3-16     institute suit thereon in the court of original probate
3-17     jurisdiction in which the estate is pending [or in any other court
3-18     of proper jurisdiction] within ninety days after such rejection, or
3-19     the claim shall be barred.  When a rejected claim is sued on, the
3-20     endorsement made on or annexed thereto, or any memorandum of
3-21     rejection filed with respect to the claim, shall be taken to be
3-22     true without further proof, unless denied under oath.  When a
3-23     rejected claim or part thereof has been established by suit, no
3-24     execution shall issue, but the judgment shall be [certified within
3-25     thirty days after rendition, if of any court other than the court
3-26     of original probate jurisdiction, and] filed in the court in which
3-27     the cause is pending, entered upon the claim docket, classified by
 4-1     the court, and handled as if originally allowed and approved in due
 4-2     course of administration.
 4-3           SECTION 4. The change in law made by this Act to Section
 4-4     89A(a), Texas Probate Code, applies only to an application to
 4-5     probate a will as a muniment of title filed on or after the
 4-6     effective date of this Act.  An application to probate a will as a
 4-7     muniment of title filed before the effective date of this Act is
 4-8     governed by the law in effect on the date the application was
 4-9     filed, and the former law is continued in effect for that purpose.
4-10           SECTION 5. The changes in law made by this Act to Sections
4-11     177(b) and 313, Texas Probate Code, apply only to the estate of a
4-12     decedent who dies on or after the effective date of this Act.  The
4-13     estate of a decedent who dies before the effective date of this Act
4-14     is governed by the law in effect on the date of the decedent's
4-15     death, and the former law is continued in effect for that purpose.
4-16           SECTION 6. This Act takes effect September 1, 2001.