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A BILL TO BE ENTITLED
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AN ACT
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relating to decedents' estates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. AMENDMENTS TO TEXAS PROBATE CODE |
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SECTION 1.01. Section 34A, Texas Probate Code, is amended |
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to read as follows: |
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Sec. 34A. ATTORNEYS AD LITEM. (a) Except as provided by |
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Section 53(c) of this code, the judge of a probate court may appoint |
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an attorney ad litem in any probate proceeding to represent the |
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interests of: |
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(1) a person having a legal disability; |
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(2) [,] a nonresident; |
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(3) [,] an unborn or unascertained person; |
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(4) [, or] an unknown or missing heir; or |
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(5) an unknown or missing person entitled to property |
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deposited in an account in the court's registry under Section |
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408(b) of this code [in any probate proceeding]. |
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(b) Subject to Subsection (c) of this section, an [Each] |
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attorney ad litem appointed under this section is entitled to |
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reasonable compensation for services in the amount set by the |
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court. The court shall: |
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(1) tax the compensation [and to be taxed] as costs in |
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the probate proceeding; or |
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(2) for an attorney ad litem appointed to represent |
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the interests of an unknown or missing person described by |
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Subsection (a)(5) of this section, order that the compensation be |
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paid from money in the account described by that subdivision. |
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(c) The court order appointing an attorney ad litem to |
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represent the interests of an unknown or missing person described |
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by Subsection (a)(5) of this section must require the attorney ad |
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litem to conduct a search for the person. Compensation paid under |
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Subsection (b) of this section to the attorney ad litem may not |
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exceed 10 percent of the amount on deposit in the account described |
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by Subsection (a)(5) of this section on the date: |
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(1) the attorney ad litem reports to the court the |
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location of the previously unknown or missing person; or |
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(2) the money in the account is paid to the comptroller |
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as provided by Section 427 of this code. |
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SECTION 1.02. Section 48, Texas Probate Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Notwithstanding Section 16.051, Civil Practice and |
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Remedies Code, a proceeding to declare heirship of a decedent may be |
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brought at any time after the decedent's death. |
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SECTION 1.03. Section 49(a), Texas Probate Code, is amended |
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to read as follows: |
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(a) Such proceedings may be instituted and maintained in any |
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of the instances enumerated above by the qualified personal |
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representative of the estate of such decedent, by any person or |
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persons claiming to be a secured or unsecured creditor or the owner |
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of the whole or a part of the estate of such decedent, or by the |
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guardian of the estate of a ward, if the proceedings are instituted |
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and maintained in the probate court in which the proceedings for the |
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guardianship of the estate were pending at the time of the death of |
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the ward. In such a case an application shall be filed in a proper |
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court stating the following information: |
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(1) the name of the decedent and the time and place of |
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death; |
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(2) the names and residences of the decedent's heirs, |
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the relationship of each heir to the decedent, and the true interest |
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of the applicant and each of the heirs in the estate of the |
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decedent; |
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(3) all the material facts and circumstances within |
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the knowledge and information of the applicant that might |
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reasonably tend to show the time or place of death or the names or |
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residences of all heirs, if the time or place of death or the names |
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or residences of all the heirs are not definitely known to the |
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applicant; |
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(4) a statement that all children born to or adopted by |
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the decedent have been listed; |
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(5) a statement that each marriage of the decedent has |
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been listed with the date of the marriage, the name of the spouse, |
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and if the marriage was terminated, the date and place of |
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termination, and other facts to show whether a spouse has had an |
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interest in the property of the decedent; |
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(6) whether the decedent died testate and if so, what |
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disposition has been made of the will; |
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(7) a general description of all the real and personal |
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property belonging to the estate of the decedent; and |
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(8) an explanation for the omission of any of the |
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foregoing information that is omitted from the application. |
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SECTION 1.04. Sections 53C(a) and (b), Texas Probate Code, |
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are amended to read as follows: |
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(a) This section applies in a proceeding to declare heirship |
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of a decedent only with respect to an individual who[:
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[(1)
petitions the court for a determination of right
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of inheritance as authorized by Section 42(b) of this code; and
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[(2)] claims to be a biological child of the |
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decedent[, but with respect to whom a parent-child relationship
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with the decedent was not established as provided by Section
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160.201, Family Code,] or [who] claims inheritance through a |
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biological child of the decedent[, if a parent-child relationship
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between the individual through whom the inheritance is claimed and
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the decedent was not established as provided by Section 160.201,
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Family Code]. |
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(b) The presumption under Section 160.505, Family Code, |
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that applies in establishing a parent-child relationship also |
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applies in determining heirship in the probate court using the |
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results of genetic testing ordered with respect to an individual |
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described by Subsection (a) of this section, and the presumption |
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may be rebutted in the same manner provided by Section 160.505, |
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Family Code. [Unless the results of genetic testing of another
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individual who is an heir of the decedent are admitted as rebuttal
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evidence, the court shall find that the individual described by
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Subsection (a) of this section is an heir of the decedent if the
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results of genetic testing ordered under Section 53A of this
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chapter identify a tested individual who is an heir of the decedent
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as the ancestor of the individual described by Subsection (a) of
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this section.] |
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SECTION 1.05. Section 77, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 77. ORDER OF PERSONS QUALIFIED TO SERVE. Letters |
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testamentary or of administration shall be granted to persons who |
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are qualified to act, in the following order: |
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(a) To the person named as executor in the will of the |
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deceased. |
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(b) To the surviving husband or wife. |
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(c) To the principal devisee or legatee of the testator. |
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(d) To any devisee or legatee of the testator. |
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(e) To the next of kin of the deceased, the nearest in order |
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of descent first, and so on, and next of kin includes a person and |
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his descendants who legally adopted the deceased or who have been |
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legally adopted by the deceased. |
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(f) To a creditor of the deceased. |
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(g) To any person of good character residing in the county |
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who applies therefor. |
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(h) To any other person not disqualified under the following |
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section [Section]. When persons [applicants] are equally entitled, |
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letters shall be granted to the person [applicant] who, in the |
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judgment of the court, is most likely to administer the estate |
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advantageously, or letters [they] may be granted to [any] two or |
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more of those persons [such applicants]. |
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SECTION 1.06. Section 83(a), Texas Probate Code, is amended |
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to read as follows: |
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(a) Where Original Application Has Not Been Heard. If, after |
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an application for the probate of a will or for the appointment of a |
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general personal representative has been filed, and before such |
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application has been heard, an application for the probate of a will |
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of the decedent, not theretofore presented for probate, is filed, |
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the court shall hear both applications together and determine what |
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instrument, if any, should be admitted to probate, or whether the |
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decedent died intestate. The court may not sever or bifurcate the |
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proceeding on the applications. |
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SECTION 1.07. Section 149C, Texas Probate Code, is amended |
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by amending Subsection (a) and adding Subsections (a-1) and (a-2) |
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to read as follows: |
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(a) The [county] court, [as that term is defined by Section
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3 of this code,] on its own motion or on motion of any interested |
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person, after the independent executor has been cited by personal |
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service to answer at a time and place fixed in the notice, may |
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remove an independent executor when: |
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(1) the independent executor fails to return within |
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ninety days after qualification, unless such time is extended by |
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order of the court, an inventory of the property of the estate and |
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list of claims that have come to the independent executor's |
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knowledge; |
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(2) sufficient grounds appear to support belief that |
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the independent executor has misapplied or embezzled, or that the |
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independent executor is about to misapply or embezzle, all or any |
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part of the property committed to the independent executor's care; |
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(3) the independent executor fails to make an |
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accounting which is required by law to be made; |
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(4) the independent executor fails to timely file the |
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affidavit or certificate required by Section 128A of this code; |
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(5) the independent executor is proved to have been |
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guilty of gross misconduct or gross mismanagement in the |
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performance of the independent executor's duties; or |
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(6) the independent executor becomes an incapacitated |
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person, or is sentenced to the penitentiary, or from any other cause |
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becomes incapable of [legally incapacitated from] properly |
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performing the independent executor's fiduciary duties. |
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(a-1) The court, on its own motion or on the motion of any |
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interested person, and after the independent executor has been |
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cited by certified mail, return receipt requested, to answer at a |
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time and place stated in the citation, may remove an independent |
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executor who is appointed under the provisions of this code if the |
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independent executor: |
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(1) subject to Subsection (a-2)(1) of this section, |
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fails to qualify in the manner and period required by law; |
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(2) subject to Subsection (a-2)(2) of this section, |
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fails to return not later than the 90th day after the date the |
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independent executor qualifies an inventory of the estate property |
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and a list of claims that have come to the independent executor's |
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knowledge, unless the period is extended by court order; |
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(3) cannot be served with notices or other processes |
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because the: |
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(A) independent executor's location is unknown; |
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(B) independent executor is eluding service; or |
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(C) independent executor is a nonresident of this |
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state who does not have a resident agent to accept service of |
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process in a probate proceeding or other action relating to the |
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estate; or |
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(4) subject to Subsection (a-2)(3) of this section, |
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has misapplied, embezzled, or removed from the state, or is about to |
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misapply, embezzle, or remove from the state, all or any part of the |
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property committed to the independent executor's care. |
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(a-2) The court may remove an independent executor: |
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(1) under Subsection (a-1)(1) of this section only if |
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the independent executor fails to qualify on or before the 30th day |
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after the date the court sends a notice by certified mail, return |
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receipt requested, to the independent executor's last known address |
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and to the last known address of the independent executor's |
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attorney, notifying the independent executor and attorney of the |
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court's intent to remove the independent executor for failure to |
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qualify in the manner and period required by law; |
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(2) under Subsection (a-1)(2) of this section only if |
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the independent executor fails to file an inventory and list of |
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claims as required by law on or before the 30th day after the date |
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the court sends a notice by certified mail, return receipt |
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requested, to the independent executor's last known address and to |
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the last known address of the independent executor's attorney, |
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notifying the independent executor and attorney of the court's |
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intent to remove the independent executor for failure to file the |
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inventory and list of claims; and |
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(3) under Subsection (a-1)(4) of this section only on |
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presentation of clear and convincing evidence given under oath of |
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the misapplication, embezzlement, or removal from this state of |
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property as described by that subdivision. |
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SECTION 1.08. Part 1, Chapter VIII, Texas Probate Code, is |
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amended by adding Section 254 to read as follows: |
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Sec. 254. PENALTY FOR FAILURE TO TIMELY FILE INVENTORY, |
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APPRAISEMENT, AND LIST OF CLAIMS. (a) This section applies only to |
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a personal representative, including an independent executor or |
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administrator, who does not file an inventory, appraisement, and |
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list of claims within the period prescribed by Section 250 of this |
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code or any extension granted by the court. |
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(b) Any person interested in the estate on written |
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complaint, or the court on the court's own motion, may have a |
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personal representative to whom this section applies cited to file |
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the inventory, appraisement, and list of claims and show cause for |
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the failure to timely file. |
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(c) If the personal representative does not file the |
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inventory, appraisement, and list of claims after being cited or |
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does not show good cause for the failure to timely file, the court |
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on hearing may fine the representative in an amount not to exceed |
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$1,000. |
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(d) The personal representative and the representative's |
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sureties, if any, are liable for any fine imposed under this section |
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and for all damages and costs sustained by the representative's |
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failure. The fine, damages, and costs may be recovered in any court |
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of competent jurisdiction. |
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SECTION 1.09. Section 407, Texas Probate Code, is amended |
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to read as follows: |
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Sec. 407. CITATION AND NOTICE UPON PRESENTATION OF ACCOUNT |
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FOR FINAL SETTLEMENT. Upon the filing of an account for final |
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settlement by temporary or permanent personal representatives of |
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the estates of decedents, citation shall contain a statement that |
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such final account has been filed, the time and place when it will |
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be considered by the court, and a statement requiring the person or |
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persons cited to appear and contest the same if they see proper. |
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Such citation shall be issued by the county clerk to the persons and |
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in the manner set out below. |
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1. Citation [In case of the estates of deceased
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persons, notice] shall be given [by the personal representative] to |
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each heir or beneficiary of the decedent by certified mail, return |
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receipt requested, unless another method of service [type of
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notice] is directed by the court by written order. The citation |
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[notice] must include a copy of the account for final settlement. |
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2. If the court deems further additional notice |
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necessary, it shall require the same by written order. In its |
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discretion, the court may allow the waiver of citation [notice] of |
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an account for final settlement in a proceeding concerning a |
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decedent's estate. |
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SECTION 1.10. Sections 408(b), (c), and (d), Texas Probate |
|
Code, are amended to read as follows: |
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(b) Distribution of Remaining Property. Upon final |
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settlement of an estate, if there be any of such estate remaining in |
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the hands of the personal representative, the court shall order |
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that a partition and distribution be made among the persons |
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entitled to receive such estate. The court shall order the |
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representative to deposit in an account in the court's registry any |
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remaining estate property that is money and to which a person who is |
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unknown or missing is entitled. In addition, the court shall order |
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the representative to sell, on terms the court determines are best, |
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remaining estate property that is not money and to which a person |
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who is unknown or missing is entitled. The court shall order the |
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representative to deposit the sale proceeds in an account in the |
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court's registry. The court shall hold money deposited in an |
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account under this subsection until the court renders: |
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(1) an order requiring money in the account to be paid |
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to the previously unknown or missing person who is entitled to the |
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money; or |
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(2) another order regarding the disposition of the |
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money. |
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(c) Discharge of Representative When No Property Remains. |
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If, upon such settlement, there be none of the estate remaining in |
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the hands of the representative, the representative [he] shall be |
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discharged from the representative's [his] trust and the estate |
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ordered closed. |
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(d) Discharge When Estate Fully Administered. Whenever the |
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representative of an estate has fully administered the same in |
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accordance with this code [Code] and the orders of the court, and |
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the representative's [his] final account has been approved, and the |
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representative [he] has delivered all of said estate remaining in |
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the representative's [his] hands to the person or persons entitled |
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to receive the same, it shall be the duty of the court to enter an |
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order discharging such representative from the representative's |
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[his] trust, and declaring the estate closed. |
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SECTION 1.11. Section 427, Texas Probate Code, is amended |
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to read as follows: |
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Sec. 427. WHEN ESTATES TO BE PAID INTO STATE TREASURY. If |
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any person entitled to a portion of an estate, except a resident |
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minor without a guardian, does [shall] not demand the person's |
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[his] portion, including any portion deposited in an account in the |
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court's registry under Section 408(b) of this code, from the |
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executor or administrator within six months after an order of court |
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approving the report of commissioners of partition, or within six |
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months after the settlement of the final account of an executor or |
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administrator, as the case may be, the court by written order shall |
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require the executor or administrator to pay so much of said portion |
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as is in money to the comptroller; and such portion as is in other |
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property the court [he] shall order the executor or administrator |
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to sell on such terms as the court thinks best, and, when the |
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proceeds of such sale are collected, the court shall order the same |
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to be paid to the comptroller, in all such cases allowing the |
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executor or administrator reasonable compensation for the |
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executor's or administrator's [his] services. A suit to recover |
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proceeds of the sale is governed by Section 433 of this code [Code]. |
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SECTION 1.12. Sections 29 and 53C(c), Texas Probate Code, |
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are repealed. |
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SECTION 1.13. (a) Except as otherwise provided by this |
|
section, the changes in law made by this article apply to the estate |
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of a decedent that is pending or commenced on or after September 1, |
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2011, regardless of the date of the decedent's death. |
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(b) The changes in law made by this article to Section |
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49(a), Texas Probate Code, apply only to an application for |
|
determination of heirship filed on or after September 1, 2011. An |
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application for determination of heirship filed before that date is |
|
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. |
|
(c) The changes in law made by this article to Section 77, |
|
Texas Probate Code, apply only to an application for the grant of |
|
letters testamentary or of administration of a decedent's estate |
|
filed on or after September 1, 2011. An application for the grant |
|
of letters testamentary or of administration of a decedent's estate |
|
filed before that date 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. |
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(d) The changes in law made by this article to Section |
|
83(a), Texas Probate Code, apply only to an application for the |
|
probate of a will or administration of the estate of a decedent that |
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is pending or filed on or after September 1, 2011. |
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(e) The changes in law made by this article to Sections |
|
53C(a) and (b), Texas Probate Code, apply only to a proceeding to |
|
declare heirship commenced on or after September 1, 2011. A |
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proceeding to declare heirship commenced before that date is |
|
governed by the law in effect on the date the proceeding was |
|
commenced, and the former law is continued in effect for that |
|
purpose. |
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ARTICLE 2. AMENDMENTS TO ESTATES CODE |
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SECTION 2.01. Section 53.104, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 53.104. APPOINTMENT OF ATTORNEYS AD LITEM. (a) Except |
|
as provided by Section 202.009(b), the judge of a probate court may |
|
appoint an attorney ad litem in any probate proceeding to represent |
|
the interests of: |
|
(1) a person who has a legal disability; |
|
(2) a nonresident; |
|
(3) an unborn or unascertained person; [or] |
|
(4) an unknown or missing heir; or |
|
(5) an unknown or missing person entitled to property |
|
deposited in an account in the court's registry under Section |
|
362.011(b). |
|
(b) Subject to Subsection (c), an [An] attorney ad litem |
|
appointed under this section is entitled to reasonable compensation |
|
for services provided in the amount set by the court. The court |
|
shall: |
|
(1) tax the compensation[, to be taxed] as costs in the |
|
probate proceeding; or |
|
(2) for an attorney ad litem appointed to represent |
|
the interests of an unknown or missing person described by |
|
Subsection (a)(5), order that the compensation be paid from money |
|
in the account described by that subdivision. |
|
(c) The court order appointing an attorney ad litem to |
|
represent the interests of an unknown or missing person described |
|
by Subsection (a)(5) must require the attorney ad litem to conduct a |
|
search for the person. Compensation paid under Subsection (b) to |
|
the attorney ad litem may not exceed 10 percent of the amount on |
|
deposit in the account described by Subsection (a)(5) on the date: |
|
(1) the attorney ad litem reports to the court the |
|
location of the previously unknown or missing person; or |
|
(2) the money in the account is paid to the comptroller |
|
as provided by Section 551.001. |
|
SECTION 2.02. Subchapter A, Chapter 202, Estates Code, as |
|
effective January 1, 2014, is amended by adding Section 202.0025 to |
|
read as follows: |
|
Sec. 202.0025. ACTION BROUGHT AFTER DECEDENT'S DEATH. |
|
Notwithstanding Section 16.051, Civil Practice and Remedies Code, a |
|
proceeding to declare heirship of a decedent may be brought at any |
|
time after the decedent's death. |
|
SECTION 2.03. Section 202.004, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 202.004. PERSONS WHO MAY COMMENCE PROCEEDING TO |
|
DECLARE HEIRSHIP. A proceeding to declare heirship of a decedent |
|
may be commenced and maintained under a circumstance specified by |
|
Section 202.002 by: |
|
(1) the personal representative of the decedent's |
|
estate; |
|
(2) a person claiming to be a secured or unsecured |
|
creditor or the owner of all or part of the decedent's estate; or |
|
(3) if the decedent was a ward with respect to whom a |
|
guardian of the estate had been appointed, the guardian of the |
|
estate, provided that the proceeding is commenced and maintained in |
|
the probate court in which the proceedings for the guardianship of |
|
the estate were pending at the time of the decedent's death. |
|
SECTION 2.04. Sections 204.151 and 204.152, Estates Code, |
|
as effective January 1, 2014, are amended to read as follows: |
|
Sec. 204.151. APPLICABILITY OF SUBCHAPTER. This subchapter |
|
applies in a proceeding to declare heirship of a decedent only with |
|
respect to an individual who[:
|
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[(1)
petitions the court for a determination of right
|
|
of inheritance as authorized by Section 201.052(c); and
|
|
[(2)] claims[:
|
|
[(A)] to be a biological child of the decedent or |
|
claims[, but with respect to whom a parent-child relationship with
|
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the decedent was not established as provided by Section 160.201,
|
|
Family Code; or
|
|
[(B)] to inherit through a biological child of |
|
the decedent[, if a parent-child relationship between the
|
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individual through whom the inheritance is claimed and the decedent
|
|
was not established as provided by Section 160.201, Family Code]. |
|
Sec. 204.152. PRESUMPTION; [REQUIRED FINDINGS IN ABSENCE
|
|
OF] REBUTTAL [EVIDENCE]. The presumption under Section 160.505, |
|
Family Code, that applies in establishing a parent-child |
|
relationship also applies in determining heirship in the probate |
|
court using the results of genetic testing ordered with respect to |
|
an individual described by Section 204.151, and the presumption may |
|
be rebutted in the same manner provided by Section 160.505, Family |
|
Code. [Unless the results of genetic testing of another individual
|
|
who is an heir of the decedent who is the subject of a proceeding to
|
|
declare heirship to which this subchapter applies are admitted as
|
|
rebuttal evidence, the court shall find that the individual
|
|
described by Section 204.151:
|
|
[(1)
is an heir of the decedent, if the results of
|
|
genetic testing ordered under Subchapter B identify a tested
|
|
individual who is an heir of the decedent as the ancestor of the
|
|
individual described by Section 204.151; or
|
|
[(2)
is not an heir of the decedent, if the results of
|
|
genetic testing ordered under Subchapter B exclude a tested
|
|
individual who is an heir of the decedent as the ancestor of the
|
|
individual described by Section 204.151.] |
|
SECTION 2.05. Section 256.101, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 256.101. PROCEDURE ON FILING OF SECOND APPLICATION |
|
WHEN ORIGINAL APPLICATION HAS NOT BEEN HEARD. (a) If, after an |
|
application for the probate of a decedent's will or the appointment |
|
of a personal representative for the decedent's estate has been |
|
filed but before the application is heard, an application is filed |
|
for the probate of a will of the same decedent that has not |
|
previously been presented for probate, the court shall: |
|
(1) hear both applications together; and |
|
(2) determine: |
|
(A) if both applications are for the probate of a |
|
will, which will should be admitted to probate, if either, or |
|
whether the decedent died intestate; or |
|
(B) if only one application is for the probate of |
|
a will, whether the will should be admitted to probate or whether |
|
the decedent died intestate. |
|
(b) The court may not sever or bifurcate the proceeding on |
|
the applications described in Subsection (a). |
|
SECTION 2.06. Section 304.001(c), Estates Code, as |
|
effective January 1, 2014, is amended to read as follows: |
|
(c) If persons [applicants for letters testamentary or of
|
|
administration] are equally entitled to letters testamentary or of |
|
administration [the letters], the court: |
|
(1) shall grant the letters to the person [applicant] |
|
who, in the judgment of the court, is most likely to administer the |
|
estate advantageously; or |
|
(2) may grant the letters to two or more of those |
|
persons [applicants]. |
|
SECTION 2.07. Subchapter B, Chapter 309, Estates Code, as |
|
effective January 1, 2014, is amended by adding Section 309.056 to |
|
read as follows: |
|
Sec. 309.056. PENALTY FOR FAILURE TO TIMELY FILE INVENTORY, |
|
APPRAISEMENT, AND LIST OF CLAIMS. (a) This section applies only to |
|
a personal representative, including an independent executor or |
|
administrator, who does not file an inventory, appraisement, and |
|
list of claims within the period prescribed by Section 309.051 or |
|
any extension granted by the court. |
|
(b) Any person interested in the estate on written |
|
complaint, or the court on the court's own motion, may have a |
|
personal representative to whom this section applies cited to file |
|
the inventory, appraisement, and list of claims and show cause for |
|
the failure to timely file. |
|
(c) If the personal representative does not file the |
|
inventory, appraisement, and list of claims after being cited or |
|
does not show good cause for the failure to timely file, the court |
|
on hearing may fine the representative in an amount not to exceed |
|
$1,000. |
|
(d) The personal representative and the representative's |
|
sureties, if any, are liable for any fine imposed under this section |
|
and for all damages and costs sustained by the representative's |
|
failure. The fine, damages, and costs may be recovered in any court |
|
of competent jurisdiction. |
|
SECTION 2.08. Section 362.005, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 362.005. CITATION AND NOTICE ON PRESENTATION OF |
|
ACCOUNT. (a) On the presentation of an account for final settlement |
|
by a temporary or permanent personal representative, the county |
|
clerk shall issue citation to the persons and in the manner provided |
|
by Subsection (b) [Subsections (c) and (d)]. |
|
(b) Citation issued under Subsection (a) must: |
|
(1) contain: |
|
(A) [(1)] a statement that an account for final |
|
settlement has been presented; |
|
(B) [(2)] the time and place the court will |
|
consider the account; [and] |
|
(C) [(3)] a statement requiring the person cited |
|
to appear and contest the account, if the person wishes to contest |
|
the account; and |
|
(D) a copy of the account for final settlement; |
|
and |
|
(2) be given[.
|
|
[(c) The personal representative shall give notice] to each |
|
heir or beneficiary of the decedent by certified mail, return |
|
receipt requested, unless the court by written order directs |
|
another method of service [type of notice] to be given[.
The notice
|
|
must include a copy of the account for final settlement]. |
|
(c) [(d)] The court by written order shall require |
|
additional notice if the court considers the additional notice |
|
necessary. |
|
(d) [(e)] The court may allow the waiver of citation |
|
[notice] of an account for final settlement in a proceeding |
|
concerning a decedent's estate. |
|
SECTION 2.09. Section 362.011, Estates Code, as effective |
|
January 1, 2014, is amended to read as follows: |
|
Sec. 362.011. PARTITION AND DISTRIBUTION OF ESTATE; DEPOSIT |
|
IN COURT'S REGISTRY. (a) If, on final settlement of an estate, any |
|
of the estate remains in the personal representative's possession, |
|
the court shall order that a partition and distribution be made |
|
among the persons entitled to receive that part of the estate. |
|
(b) The court shall order the personal representative to |
|
deposit in an account in the court's registry any remaining estate |
|
property that is money and to which a person who is unknown or |
|
missing is entitled. In addition, the court shall order the |
|
representative to sell, on terms the court determines are best, |
|
remaining estate property that is not money and to which a person |
|
who is unknown or missing is entitled. The court shall order the |
|
representative to deposit the sale proceeds in an account in the |
|
court's registry. The court shall hold money deposited in an |
|
account under this subsection until the court renders: |
|
(1) an order requiring money in the account to be paid |
|
to the previously unknown or missing person who is entitled to the |
|
money; or |
|
(2) another order regarding the disposition of the |
|
money. |
|
SECTION 2.10. Section 551.001(a), Estates Code, as |
|
effective January 1, 2014, is amended to read as follows: |
|
(a) The court, by written order, shall require the executor |
|
or administrator of an estate to pay to the comptroller as provided |
|
by this subchapter the share of that estate of a person entitled to |
|
that share who does not demand the share, including any portion |
|
deposited in an account in the court's registry under Section |
|
362.011(b), from the executor or administrator within six months |
|
after the date of, as applicable: |
|
(1) a court order approving the report of the |
|
commissioners of partition made under Section 360.154; or |
|
(2) the settlement of the final account of the |
|
executor or administrator. |
|
SECTION 2.11. The following are repealed: |
|
(1) the changes in law made by Article 1 of this Act to |
|
Sections 34A, 49(a), 53C(a) and (b), 77, 83(a), 407, 408(b), (c), |
|
and (d), and 427, Texas Probate Code; |
|
(2) Sections 48(d) and 254, Texas Probate Code, as |
|
added by Article 1 of this Act; and |
|
(3) Section 351.002, Estates Code, as effective |
|
January 1, 2014. |
|
SECTION 2.12. This article takes effect January 1, 2014. |
|
ARTICLE 3. GENERAL EFFECTIVE DATE |
|
SECTION 3.01. Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2011. |
|
|
|
* * * * * |