1-1 By: Bernsen S.B. No. 723
1-2 (In the Senate - Filed February 14, 2001; February 19, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 6, 2001, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 6, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the probate and administration of a decedent's estate.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subsection (a), Section 89A, Texas Probate Code,
1-11 is amended to read as follows:
1-12 (a) A written will shall, if within the control of the
1-13 applicant, be filed with the application for probate as a muniment
1-14 of title, and shall remain in the custody of the county clerk
1-15 unless removed from the custody of the clerk by order of a proper
1-16 court. An application for probate of a will as a muniment of title
1-17 shall state:
1-18 (1) The name and domicile of each applicant.
1-19 (2) The name, age if known, and domicile of the
1-20 decedent, and the fact, time, and place of death.
1-21 (3) Facts showing that the court has venue.
1-22 (4) That the decedent owned real or personal property,
1-23 or both, describing the property generally, and stating its
1-24 probable value.
1-25 (5) The date of the will, the name and residence of
1-26 the executor named in the will, if any, and the names and
1-27 residences of the subscribing witnesses, if any.
1-28 (6) Whether a child or children born or adopted after
1-29 the making of such will survived the decedent, and the name of each
1-30 such survivor, if any.
1-31 (7) That there are no unpaid debts owing by the estate
1-32 of the testator, excluding debts secured by liens on real estate.
1-33 (8) Whether the decedent was ever divorced, and if so,
1-34 when and from whom.
1-35 (9) [The social security number of the applicant and
1-36 of the decedent.]
1-37 [(10)] Whether the state, a governmental agency of the
1-38 state, or a charitable organization is named by the will as a
1-39 devisee.
1-40 The foregoing matters shall be stated and averred in the
1-41 application to the extent that they are known to the applicant, or
1-42 can with reasonable diligence be ascertained by the applicant, and
1-43 if any of such matters is not stated or averred in the application,
1-44 the application shall set forth the reason why such matter is not
1-45 so stated and averred.
1-46 SECTION 2. Subsection (b), Section 177, Texas Probate Code,
1-47 is amended to read as follows:
1-48 (b) When No Community Administrator Has Qualified. When a
1-49 personal representative [an executor] of the estate of a deceased
1-50 spouse has duly qualified, the personal representative [such
1-51 executor] is authorized to administer, not only the separate
1-52 property of the deceased spouse, but also the community property
1-53 which was by law under the management of the deceased spouse during
1-54 the continuance of the marriage and all of the community property
1-55 that was by law under the joint control of the spouses during the
1-56 continuance of the marriage. The surviving spouse, as surviving
1-57 partner of the marital partnership, is entitled to retain
1-58 possession and control of all community property which was legally
1-59 under the sole management of the surviving spouse during the
1-60 continuance of the marriage and to exercise over that property all
1-61 the powers elsewhere in this part of this code [Code] authorized to
1-62 be exercised by the surviving spouse when there is no
1-63 administration pending on the estate of the deceased spouse. The
1-64 surviving spouse may by written instrument filed with the clerk
2-1 waive any right to exercise powers as community survivor, and in
2-2 such event the personal representative [executor or administrator]
2-3 of the deceased spouse shall be authorized to administer upon the
2-4 entire community estate.
2-5 SECTION 3. Section 313, Texas Probate Code, is amended to
2-6 read as follows:
2-7 Sec. 313. SUIT ON REJECTED CLAIM. When a claim or a part
2-8 thereof has been rejected by the representative, the claimant shall
2-9 institute suit thereon in the court of original probate
2-10 jurisdiction in which the estate is pending [or in any other court
2-11 of proper jurisdiction] within ninety days after such rejection, or
2-12 the claim shall be barred. When a rejected claim is sued on, the
2-13 endorsement made on or annexed thereto, or any memorandum of
2-14 rejection filed with respect to the claim, shall be taken to be
2-15 true without further proof, unless denied under oath. When a
2-16 rejected claim or part thereof has been established by suit, no
2-17 execution shall issue, but the judgment shall be [certified within
2-18 thirty days after rendition, if of any court other than the court
2-19 of original probate jurisdiction, and] filed in the court in which
2-20 the cause is pending, entered upon the claim docket, classified by
2-21 the court, and handled as if originally allowed and approved in due
2-22 course of administration.
2-23 SECTION 4. The change in law made by this Act to Subsection
2-24 (a), Section 89A, Texas Probate Code, applies only to an
2-25 application to probate a will as a muniment of title filed on or
2-26 after the effective date of this Act. An application to probate a
2-27 will as a muniment of title filed before the effective date of this
2-28 Act is governed by the law in effect on the date the application
2-29 was filed, and the former law is continued in effect for that
2-30 purpose.
2-31 SECTION 5. The changes in law made by this Act to Subsection
2-32 (b), Section 177, and Section 313, Texas Probate Code, apply only
2-33 to the estate of a decedent who dies on or after the effective date
2-34 of this Act. The estate of a decedent who dies before the
2-35 effective date of this Act is governed by the law in effect on the
2-36 date of the decedent's death, and the former law is continued in
2-37 effect for that purpose.
2-38 SECTION 6. This Act takes effect September 1, 2001.
2-39 * * * * *