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A BILL TO BE ENTITLED
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AN ACT
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relating to the contents of an application for probate of a written |
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will. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81(a), Texas Probate Code, is amended to |
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read as follows: |
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(a) For Probate of a Written Will. A written will shall, if |
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within the control of the applicant, be filed with the application |
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for its probate, and shall remain in the custody of the county clerk |
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unless removed therefrom by order of a proper court. An application |
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for probate of a written will shall state: |
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(1) The name and domicile of each applicant. |
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(2) The name, age if known, and domicile of the |
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decedent, and the fact, time, and place of death. |
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(3) Facts showing that the court has venue. |
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(4) That the decedent owned real or personal property, |
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or both, describing the same generally, and stating its probable |
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value. |
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(5) The date of the will, the name and residence of the |
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executor named therein, if any, and if none be named, then the name |
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and residence of the person to whom it is desired that letters be |
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issued, and also the names and residences of the subscribing |
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witnesses, if any. |
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(6) Whether a child or children born or adopted after |
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the making of such will survived the decedent, and the name of each |
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such survivor, if any. |
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(7) That such executor or applicant, or other person |
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to whom it is desired that letters be issued, is not disqualified by |
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law from accepting letters. |
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(8) Whether a marriage of the decedent was ever |
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dissolved after the will was made, whether by divorce, annulment, |
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or a declaration that the marriage was void [divorced], and if so, |
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when and from whom. |
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(9) Whether the state, a governmental agency of the |
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state, or a charitable organization is named by the will as a |
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devisee. |
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The foregoing matters shall be stated and averred in the |
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application to the extent that they are known to the applicant, or |
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can with reasonable diligence be ascertained by him, and if any of |
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such matters is not stated or averred in the application, the |
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application shall set forth the reason why such matter is not so |
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stated and averred. |
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SECTION 2. The changes in law made by this Act to Section |
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81(a), Texas Probate Code, apply only to an application for probate |
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of a written will that is filed on or after the effective date of |
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this Act. An application for probate of a written will that is |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the application was filed, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |