S.B. No. 593
 
 
 
 
AN ACT
  relating to proof of, and providing notice to certain beneficiaries
  under, a decedent's will.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 128A, Texas Probate Code, is amended to
  read as follows:
         Sec. 128A.  NOTICE TO CERTAIN BENEFICIARIES [ENTITIES] AFTER
  PROBATE OF WILL. (a)  In this section, "beneficiary" means a
  person, entity, state, governmental agency of the state, charitable
  organization, or trust entitled to receive real or personal
  property under the terms of a decedent's will, to be determined for
  purposes of this section with the assumption that each person who is
  alive on the date of the decedent's death survives any period
  required to receive the bequest as specified by the terms of the
  will.
         (b)  Except as provided by Subsection (d) of this section,
  not later than the 60th day after the date of an order admitting a
  decedent's will to probate, the personal representative of the
  decedent's estate, including an independent executor or
  independent administrator, shall give notice that complies with
  Subsection (e) of this section to each beneficiary named in the will
  whose identity and address are known to the personal representative
  or, through reasonable diligence, can be ascertained. If, after
  the 60th day after the date of the order, the personal
  representative becomes aware of the identity and address of a
  beneficiary who was not given notice on or before the 60th day, the
  personal representative shall give the notice as soon as possible
  after becoming aware of that information.
         (c)  Notwithstanding the requirement under Subsection (b) of
  this section that the personal representative give the notice to
  the beneficiary, the personal representative shall give the notice
  with respect to a beneficiary described by this subsection as
  follows:
               (1)  if the beneficiary is a trust, to the trustee,
  unless the personal representative is the trustee, in which case
  the personal representative shall give the notice to the person or
  class of persons first eligible to receive the trust income, to be
  determined for purposes of this subdivision as if the trust were in
  existence on the date of the decedent's death;
               (2)  if the beneficiary has a court-appointed guardian
  or conservator, to that guardian or conservator;
               (3)  if the beneficiary is a minor for whom no guardian
  or conservator has been appointed, to a parent of the minor; and
               (4)  if the beneficiary is a charity that for any reason
  cannot be notified, to the attorney general.
         (d)  A personal representative is not required to give the
  notice otherwise required by this section to a beneficiary who:
               (1)  made an appearance in the proceeding with respect
  to the decedent's estate before the will was admitted to probate; or
               (2)  received a copy of the will that was admitted to
  probate and waived the right to receive the notice in an instrument
  that:
                     (A)  acknowledges the receipt of the copy of the
  will;
                     (B)  is signed by the beneficiary; and
                     (C)  is filed with the court.
         (e)  The notice required by this section must:
               (1)  state:
                     (A)  the name and address of the beneficiary to
  whom the notice is given or, for a beneficiary described by
  Subsection (c) of this section, the name and address of the
  beneficiary for whom the notice is given and of the person to whom
  the notice is given;
                     (B)  the decedent's name;
                     (C)  that the decedent's will has been admitted to
  probate;
                     (D)  that the beneficiary to whom or for whom the
  notice is given is named as a beneficiary in the will; and
                     (E)  the personal representative's name and
  contact information; and
               (2)  contain as attachments a copy of the will admitted
  to probate and the order admitting the will to probate.
         (f)  The notice required by this section must be sent by
  registered or certified mail, return receipt requested.
         (g)  Not later than the 90th day after the date of an order
  admitting a will to probate, the personal representative shall file
  with the clerk of the court in which the decedent's estate is
  pending a sworn affidavit of the personal representative, or a
  certificate signed by the personal representative's attorney,
  stating:
               (1)  for each beneficiary to whom notice was required
  to be given under this section, the name and address of the
  beneficiary to whom the personal representative gave the notice or,
  for a beneficiary described by Subsection (c) of this section, the
  name and address of the beneficiary and of the person to whom the
  notice was given;
               (2)  the name and address of each beneficiary who filed
  a waiver of the notice;
               (3)  the name of each beneficiary whose identity or
  address could not be ascertained despite the personal
  representative's exercise of reasonable diligence; and
               (4)  any other information necessary to explain the
  personal representative's inability to give the notice to or for
  any beneficiary as required by this section.
         (h)  The affidavit or certificate required by Subsection (g)
  of this section may be included with any pleading or other document
  filed with the clerk of the court, including the inventory,
  appraisement, and list of claims or an application for an extension
  of the deadline to file the inventory, appraisement, and list of
  claims, provided that the pleading or other document with which the
  affidavit or certificate is included is filed not later than the
  date the affidavit or certificate is required to be filed as
  provided by Subsection (g) of this section  [If the address of the
  entity can be ascertained with reasonable diligence, an applicant
  under Section 81 of this code shall give the state, a governmental
  agency of the state, or a charitable organization notice that the
  entity is named as a devisee in a written will, a written will not
  produced, or a nuncupative will that has been admitted to probate.
         [(b)     The notice required by Subsection (a) of this section
  must be given not later than the 30th day after the date of the
  probate of the will.
         [(c)     The notice must be in writing and state the county in
  which the will was admitted to probate. A copy of the application
  and the order admitting the will to probate and, if the application
  is for probate of a written will, a copy of the will must be attached
  to the notice.
         [(d)     An entity entitled to notice under Subsection (a) of
  this section must be notified by registered or certified mail,
  return receipt requested.
         [(e)     The applicant must file a copy of the notice with the
  court in which the will was admitted to probate].
         SECTION 2.  The heading to Section 128B, Texas Probate Code,
  is amended to read as follows:
         Sec. 128B.  NOTICE TO HEIRS ON APPLICATION TO PROBATE [WHEN]
  WILL [PROBATED] AFTER FOUR YEARS.
         SECTION 3.  Subsection (a), Section 149C, Texas Probate
  Code, is amended to read as follows:
         (a)  The county court, as that term is defined by Section 3 of
  this code, on its own motion or on motion of any interested person,
  after the independent executor has been cited by personal service
  to answer at a time and place fixed in the notice, may remove an
  independent executor when:
               (1)  the independent executor fails to return within
  ninety days after qualification, unless such time is extended by
  order of the court, an inventory of the property of the estate and
  list of claims that have come to the independent executor's [his]
  knowledge;
               (2)  sufficient grounds appear to support belief that
  the independent executor [he] has misapplied or embezzled, or that
  the independent executor [he] is about to misapply or embezzle, all
  or any part of the property committed to the independent executor's
  [his] care;
               (3)  the independent executor [he] fails to make an
  accounting which is required by law to be made;
               (4)  the independent executor [he] fails to timely file
  the affidavit or certificate [notice] required by Section 128A of
  this code;
               (5)  the independent executor [he] is proved to have
  been guilty of gross misconduct or gross mismanagement in the
  performance of the independent executor's [his] duties; or
               (6)  the independent executor [he] becomes an
  incapacitated person, or is sentenced to the penitentiary, or from
  any other cause becomes legally incapacitated from properly
  performing the independent executor's [his] fiduciary duties.
         SECTION 4.  Subsection (b), Section 222, Texas Probate Code,
  is amended to read as follows:
         (b)  With Notice. The court may remove a personal
  representative on its own motion, or on the complaint of any
  interested person, after the personal representative has been cited
  by personal service to answer at a time and place fixed in the
  notice, when:
               (1)  Sufficient grounds appear to support belief that
  the personal representative [he] has misapplied, embezzled, or
  removed from the state, or that the personal representative [he] is
  about to misapply, embezzle, or remove from the state, all or any
  part of the property committed to the personal representative's
  [his] care;
               (2)  The personal representative [He] fails to return
  any account which is required by law to be made;
               (3)  The personal representative [He] fails to obey any
  proper order of the court having jurisdiction with respect to the
  performance of the personal representative's [his] duties;
               (4)  The personal representative [He] is proved to have
  been guilty of gross misconduct, or mismanagement in the
  performance of the personal representative's [his] duties;
               (5)  The personal representative [He] becomes an
  incapacitated person, or is sentenced to the penitentiary, or from
  any other cause becomes incapable of properly performing the duties
  of the personal representative's [his] trust;
               (6)  As executor or administrator, the personal
  representative [he] fails to make a final settlement within three
  years after the grant of letters, unless the time be extended by the
  court upon a showing of sufficient cause supported by oath; or
               (7)  As executor or administrator, the personal
  representative [he] fails to timely file the affidavit or
  certificate [notice] required by Section 128A of this code.
         SECTION 5.  Section 6.02, H.B. No. 391, Acts of the 80th
  Legislature, Regular Session, 2007, as effective September 1, 2007,
  is amended to read as follows:
         SECTION 6.02.  The changes in law made by this article apply
  only to[:
               [(1)     the estate of a decedent who dies before the
  effective date of this article, if the probate or administration of
  the estate is pending on or commenced on or after the effective date
  of this article; and
               [(2)] the estate of a decedent who dies on or after the
  effective date of this article.
         SECTION 6.  The changes in law made by Sections 1, 2, 3, and 4
  of this Act 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 7.  This Act takes effect September 1, 2007.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 593 passed the Senate on
  May 28, 2007, by the following vote:  Yeas 30, Nays 0;
  May 4, 2007, Senate refused to concur in House amendment and
  requested appointment of Conference Committee; May 14, 2007, House
  granted request of the Senate; May 26, 2007, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 593 passed the House, with
  amendment, on May 2, 2007, by the following vote:  Yeas 147,
  Nays 0, two present not voting; May 14, 2007, House granted request
  of the Senate for appointment of Conference Committee;
  May 26, 2007, House adopted Conference Committee Report by the
  following vote:  Yeas 143, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor