BILL ANALYSIS
By: Hartnett
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The bill is intended to clarify statutes pertaining to administration of decedents' estates.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
The bill amends Section 248, Texas Probate Code, to specify that a court may appoint appraisers on its own motion and also adds a standard of good cause shown for the appointment of appraisers. The bill also extends the time for an appointed temporary administrator under Section 131A to post a bond to 3 business days. Section 3 of the bill prohibits a trustee from proceeding with a cause of action in his representative capacity over the objection of the beneficiary, with administrative exceptions.
EFFECTIVE DATE
September 1, 2005
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute adds Section 3 relating to restriction of lawsuits by trustees.