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A BILL TO BE ENTITLED
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AN ACT
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relating to inventories, appraisements, and lists of claims of a |
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decedent's estate under independent administration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 15. CASE FILES. The county clerk shall maintain a case |
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file for each decedent's estate in which a probate proceeding has |
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been filed. The case file must contain all orders, judgments, and |
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proceedings of the court and any other probate filing with the |
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court, including all: |
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(1) applications for the probate of wills and for the |
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granting of administration; |
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(2) citations and notices, whether published or |
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posted, with the returns thereon; |
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(3) wills and the testimony upon which the same are |
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admitted to probate, provided that the substance only of |
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depositions shall be recorded; |
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(4) bonds and official oaths; |
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(5) inventories, appraisements, and lists of claims, |
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except as provided by Section 145(s) of this code; |
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(6) exhibits and accounts; |
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(7) reports of hiring, renting, or sale; |
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(8) applications for sale or partition of real estate |
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and reports of sale and of commissioners of partition; |
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(9) applications for authority to execute leases for |
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mineral development, or for pooling or unitization of lands, |
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royalty, or other interest in minerals, or to lend or invest money; |
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and |
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(10) reports of lending or investing money. |
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SECTION 2. Section 145, Texas Probate Code, is amended by |
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adding Subsection (s) to read as follows: |
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(s) Notwithstanding any other provision of this code, if an |
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independent administration has been created as provided by this |
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section, the inventory, appraisement, and list of claims of the |
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decedent's estate and any supplemental or additional inventory, |
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appraisement, and list of claims must be filed with the court and |
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maintained in the judicial files of the court instead of the case |
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files of the county clerk. The inventory, appraisement, and list of |
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claims of the decedent's estate must be sealed and may be opened |
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only as provided by Section 145A of this code. |
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SECTION 3. Part 4, Chapter VI, Texas Probate Code, is |
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amended by adding Section 145A to read as follows: |
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Sec. 145A. ACCESS TO INVENTORY, APPRAISEMENT, AND LIST OF |
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CLAIMS. (a) An inventory, appraisement, and list of claims |
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maintained in the judicial records under Section 145(s) of this |
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code may be used, inspected, or copied only by: |
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(1) the independent executor; or |
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(2) a person authorized to use, inspect, or copy the |
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information by a court order issued under this section. |
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(b) On written application, the court, with or without a |
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hearing, may enter an order that authorizes the following persons |
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to use, inspect, or copy an inventory, appraisement, and list of |
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claims maintained in the judicial records under Section 145(s) of |
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this code: |
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(1) an attorney or attorney ad litem; |
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(2) a party to a proceeding involving the decedent or |
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the decedent's estate; |
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(3) an heir or devisee of the decedent; |
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(4) law enforcement personnel; or |
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(5) any other person requesting access to the |
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information. |
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(c) A judge may not issue an order authorizing a person |
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described by Subsection (b)(5) of this section to have access to an |
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inventory, appraisement, and list of claims unless the judge finds |
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that the person has shown good cause for the use, inspection, or |
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copying of those records. |
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(d) Except as otherwise provided by the court, an order |
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issued under Subsection (a) of this section is a standing order |
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applicable to any supplemental inventory, appraisement, and list of |
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claims returned in connection with an independent administration of |
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a decedent's estate. |
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(e) The court may charge the applicant a reasonable fee not |
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to exceed actual costs for any copies provided under this section. |
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(f) To the extent that this section conflicts with the Texas |
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Rules of Judicial Administration or other rules, this section |
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controls. Notwithstanding Section 22.003, Government Code, the |
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supreme court may not amend or adopt rules in conflict with this |
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section. |
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SECTION 4. The changes in law made by this Act apply only to |
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the estate of a decedent who dies on or after the effective date of |
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this Act. The estate of a decedent who dies before the effective |
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date of this Act is governed by the law in effect on the date of the |
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decedent's death, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |