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AN ACT
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relating to the contents of an application for probate of a will as |
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a muniment of title. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 89A(a), Texas Probate Code, is amended |
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to read as follows: |
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(a) A written will shall, if within the control of the |
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applicant, be filed with the application for probate as a muniment |
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of title, and shall remain in the custody of the county clerk unless |
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removed from the custody of the clerk by order of a proper court. An |
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application for probate of a will as a muniment of title shall |
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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 property generally, and stating its |
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probable value. |
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(5) The date of the will, the name and residence of the |
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executor named in the will, if any, and the names and residences of |
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the subscribing 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 there are no unpaid debts owing by the estate |
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of the testator, excluding debts secured by liens on real estate. |
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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 the applicant, and |
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if any of such matters is not stated or averred in the application, |
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the 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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89A(a), Texas Probate Code, apply only to an application for |
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probate of a will as a muniment of title filed on or after the |
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effective date of this Act. An application for probate of a will as |
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a muniment of title filed before the effective date of this Act is |
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governed by the law in effect on the date the application was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1461 was passed by the House on May 5, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1461 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |