By: Wentworth S.B. No. 347
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of an appraiser to appraise the
property of a decedent's or ward's estate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 248, Texas Probate Code, is amended to
read as follows:
Sec. 248. APPOINTMENT OF APPRAISERS. At any time after the
grant of letters testamentary or of administration and on its own
motion or on the motion of an [, upon the application of any]
interested person [or if the court shall deem necessary], the court
for good cause shown shall appoint not less than one nor more than
three disinterested persons, citizens of the county in which
letters were granted, to appraise the property of the estate. In
such event and when part of the estate is situated in a county other
than the county in which letters were granted, if the court shall
deem necessary it may appoint not less than one nor more than three
disinterested persons, citizens of the county where such part of
the estate is situated, to appraise the property of the estate
situated therein.
SECTION 2. Section 727, Texas Probate Code, is amended to
read as follows:
Sec. 727. APPOINTMENT OF APPRAISERS. After letters of
guardianship of the estate have been granted and on its own motion
or on the motion [the application] of any interested person, [or if
the court deems it necessary,] the court for good cause shown shall
appoint at least one but not more than three disinterested persons
who are citizens of the county in which letters were granted to
appraise the property of the ward. If the court appoints an
appraiser under this section and part of the estate is located in a
county other than the county in which letters were granted, the
court may appoint at least one but not more than three disinterested
persons who are citizens of the county in which the part of the
estate is located to appraise the property of the estate located in
the county if the court considers it necessary to appoint an
appraiser.
SECTION 3. The changes in law made by this Act to Section
248, Texas Probate Code, apply only to the estate of a decedent who
dies on or after the effective date of this Act. The estate of a
decedent who dies before the effective date of this Act is governed
by the law in effect on the date of the decedent's death, and the
former law is continued in effect for that purpose.
SECTION 4. (a) The changes in law made by this Act to
Section 727, Texas Probate Code, apply only to a guardianship
proceeding commenced on or after the effective date of this Act.
(b) A guardianship proceeding commenced before the
effective date of this Act is governed by the law applicable to the
proceeding immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2005.