S.B. No. 347




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.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 347 passed the Senate on 
March 31, 2005, by the following vote:  Yeas 30, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 347 passed the House on 
May 20, 2005, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor