By Hartnett H.B. No. 3467
77R12176 CLG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a proceeding concerning a decedent's estate.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter I, Texas Probate Code, is amended by
1-5 adding Section 10C to read as follows:
1-6 Sec. 10C. EFFECT OF FILING OR CONTESTING PLEADING. The
1-7 filing or contesting in probate court of any pleading relating to a
1-8 decedent's estate does not constitute tortious interference with
1-9 inheritance of the estate.
1-10 SECTION 2. Section 128, Texas Probate Code, is amended by
1-11 amending Subsections (b) and (c) and adding Subsections (d), (e),
1-12 and (f) to read as follows:
1-13 (b) Where Application Is for Probate of a Written Will Not
1-14 Produced or of a Nuncupative Will. When the application is for the
1-15 probate of a nuncupative will, or of a written will which cannot be
1-16 produced in court, the clerk, except as provided by Subsection (c)
1-17 of this section, shall issue a citation to all parties interested
1-18 in such estate, which citation shall contain substantially the
1-19 statements made in the application for probate, and the time when,
1-20 place where, and the court before which such application will be
1-21 acted upon. If the heirs of the testator be residents of this
1-22 state, and their residence be known, the citation shall be served
1-23 upon them by personal service. Service of such citation may be made
1-24 by publication in the following cases:
2-1 (1) When the heirs are non-residents of this state; or
2-2 (2) When their names or their residences are unknown;
2-3 or
2-4 (3) When they are transient persons.
2-5 (c) Waiver of Citation. In the case of an application for
2-6 the probate of a written will that cannot be produced in court,
2-7 citation under Subsection (b) of this section is not required to be
2-8 issued to an heir who has delivered to the court an affidavit
2-9 signed by the heir stating that the heir does not object to the
2-10 offer of the testator's will for probate.
2-11 (d) Additional Statements. In the case of an application
2-12 for the probate of a written will that cannot be produced in court,
2-13 the citation required by Subsection (b) of this section and an
2-14 affidavit described by Subsection (c) of this section must also
2-15 contain a statement that:
2-16 (1) an original will cannot be produced in court; and
2-17 (2) the testator's property will pass to the
2-18 testator's heirs if a copy of the written will is not admitted to
2-19 probate.
2-20 (e) Appointment of Attorney Ad Litem for Certain Heirs. If
2-21 an application for the probate of a written will not produced in
2-22 court is filed and the residence of any of the testator's heirs
2-23 cannot be ascertained by the clerk, the court shall appoint an
2-24 attorney ad litem to protect the interests of unknown heirs.
2-25 (f) No Action Until Service Is Had. No application for the
2-26 probate of a will or for the issuance of letters shall be acted
2-27 upon until service of citation has been made in the manner provided
3-1 herein.
3-2 SECTION 3. The changes in law made by this Act to Section
3-3 128, Texas Probate Code, apply only to an application for probate
3-4 of a written will not produced in court that is filed on or after
3-5 the effective date of this Act. An application for probate of a
3-6 written will not produced in court that is filed before the
3-7 effective date of this Act is governed by the law in effect on the
3-8 date the application was filed, and the former law is continued in
3-9 effect for that purpose.
3-10 SECTION 4. This Act takes effect September 1, 2001.