By: Bernsen S.B. No. 723
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. Subsection (a), Section 89A, Texas Probate Code,
1-5 is amended to 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.
1-25 (7) That there are no unpaid debts owing by the estate
2-1 of the testator, excluding debts secured by liens on real estate.
2-2 (8) Whether the decedent was ever divorced, and if so,
2-3 when and from whom.
2-4 (9) [The social security number of the applicant and
2-5 of the decedent.]
2-6 [(10)] Whether the state, a governmental agency of the
2-7 state, or a charitable organization is named by the will as a
2-8 devisee.
2-9 The foregoing matters shall be stated and averred in the
2-10 application to the extent that they are known to the applicant, or
2-11 can with reasonable diligence be ascertained by the applicant, and
2-12 if any of such matters is not stated or averred in the application,
2-13 the application shall set forth the reason why such matter is not
2-14 so stated and averred.
2-15 SECTION 2. Subsection (b), Section 177, Texas Probate Code,
2-16 is amended to read as follows:
2-17 (b) When No Community Administrator Has Qualified. When a
2-18 personal representative [an executor] of the estate of a deceased
2-19 spouse has duly qualified, the personal representative [such
2-20 executor] is authorized to administer, not only the separate
2-21 property of the deceased spouse, but also the community property
2-22 which was by law under the management of the deceased spouse during
2-23 the continuance of the marriage and all of the community property
2-24 that was by law under the joint control of the spouses during the
2-25 continuance of the marriage. The surviving spouse, as surviving
2-26 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
4-1 the cause is pending, entered upon the claim docket, classified by
4-2 the court, and handled as if originally allowed and approved in due
4-3 course of administration.
4-4 SECTION 4. The change in law made by this Act to Subsection
4-5 (a), Section 89A, Texas Probate Code, applies only to an
4-6 application to probate a will as a muniment of title filed on or
4-7 after the effective date of this Act. An application to probate a
4-8 will as a muniment of title filed before the effective date of this
4-9 Act is governed by the law in effect on the date the application
4-10 was filed, and the former law is continued in effect for that
4-11 purpose.
4-12 SECTION 5. The changes in law made by this Act to Subsection
4-13 (b), Section 177, and Section 313, Texas Probate Code, apply only
4-14 to the estate of a decedent who dies on or after the effective date
4-15 of this Act. The estate of a decedent who dies before the
4-16 effective date of this Act is governed by the law in effect on the
4-17 date of the decedent's death, and the former law is continued in
4-18 effect for that purpose.
4-19 SECTION 6. This Act takes effect September 1, 2001.