| 81R15411 CLG-D | ||
| By: Paxton | H.B. No. 1460 | |
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| relating to the contents of an application for probate of a written | ||
| will. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 81(a), Texas Probate Code, is amended to | ||
| read as follows: | ||
| (a) For Probate of a Written Will. A written will shall, if | ||
| within the control of the applicant, be filed with the application | ||
| for its probate, and shall remain in the custody of the county clerk | ||
| unless removed therefrom by order of a proper court. An application | ||
| for probate of a written will shall state: | ||
| (1) The name and domicile of each applicant. | ||
| (2) The name, age if known, and domicile of the | ||
| decedent, and the fact, time, and place of death. | ||
| (3) Facts showing that the court has venue. | ||
| (4) That the decedent owned real or personal property, | ||
| or both, describing the same generally, and stating its probable | ||
| value. | ||
| (5) The date of the will, the name and residence of the | ||
| executor named therein, if any, and if none be named, then the name | ||
| and residence of the person to whom it is desired that letters be | ||
| issued, and also the names and residences of the subscribing | ||
| witnesses, if any. | ||
| (6) Whether a child or children born or adopted after | ||
| the making of such will survived the decedent, and the name of each | ||
| such survivor, if any. | ||
| (7) That such executor or applicant, or other person | ||
| to whom it is desired that letters be issued, is not disqualified by | ||
| law from accepting letters. | ||
| (8) Whether a marriage of the decedent was ever | ||
| dissolved after the will was made, whether by divorce, annulment, | ||
| or a declaration that the marriage was void [ |
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| when and from whom. | ||
| (9) Whether the state, a governmental agency of the | ||
| state, or a charitable organization is named by the will as a | ||
| devisee. | ||
| The foregoing matters shall be stated and averred in the | ||
| application to the extent that they are known to the applicant, or | ||
| can with reasonable diligence be ascertained by him, and if any of | ||
| such matters is not stated or averred in the application, the | ||
| application shall set forth the reason why such matter is not so | ||
| stated and averred. | ||
| SECTION 2. The changes in law made by this Act to Section | ||
| 81(a), Texas Probate Code, apply only to an application for probate | ||
| of a written will that is filed on or after the effective date of | ||
| this Act. An application for probate of a written will that is | ||
| filed before the effective date of this Act is governed by the law | ||
| in effect on the date the application was filed, and the former law | ||
| is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2009. | ||