BILL ANALYSIS

 

 

                                                                                                                                           H.B. 2507

                                                                                                                                        By: Hartnett

                                                                                                                                              Judiciary

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current law does not require an executor to notify a beneficiary under a will, other than the state and certain charitable groups, of the amount or existence of the legacy. The purpose of this bill is to make it more difficult for administrators to steal from or mismanage 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  would amend the Probate Code to require the personal representative of an estate to send to certain beneficiaries a copy of the will along with notice of the fact that the beneficiary is named in the will and contact information for the representative. The representative would be required to make a sworn report back to the court with respect to such notices.

 

The bill also changes the heading for Section 128B, Probate Code, and adopts gender neutral wording in Section 149C(a) and Section 222(b), Probate Code.

 

EFFECTIVE DATE

 

September 1, 2007.