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A BILL TO BE ENTITLED
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AN ACT
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relating to the inventory and appraisement requirement of personal |
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representatives of decedents' estates pending in a statutory |
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probate court in Collin County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.0453, Government Code, is amended by |
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adding Subsections (g), (h), (i), (j), and (k) to read as follows: |
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(g) Notwithstanding Section 250, Texas Probate Code, the |
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judge of a statutory probate court may waive the requirement of the |
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personal representative of a decedent's estate to make and file an |
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inventory and appraisement of the estate: |
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(1) on proof that there are no unpaid debts owing by |
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the estate, excluding debts adequately secured by liens on the |
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property; and |
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(2) on receipt of the sworn written consent of: |
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(A) each beneficiary of the decedent's will and, |
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in the case of partial intestacy, each heir of the decedent; or |
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(B) each heir of the decedent, if the decedent |
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dies intestate. |
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(h) For purposes of Subsection (g)(1), proof that there are |
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no unpaid debts may be established by: |
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(1) an affidavit of the personal representative filed |
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with the court; |
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(2) the sworn testimony of the personal representative |
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before the court; or |
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(3) any other manner the judge may require. |
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(i) The judge of a statutory probate court who waives the |
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requirement of the filing of an inventory and appraisement under |
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Subsection (g) may reinstate that requirement at any time. A |
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beneficiary or heir who consents under Subsection (g)(2) may revoke |
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that consent at any time by serving notice of that intent on the |
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personal representative of the decedent's estate. The personal |
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representative shall then make and file an inventory and |
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appraisement in accordance with Section 250, Texas Probate Code, |
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not later than the 90th day after the date of receiving the notice. |
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(j) For purposes of Subsection (g)(2)(A), consent for the |
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waiver with respect to a beneficiary described by Section |
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128A(c)(1), (2), or (3), Texas Probate Code, may be given by the |
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person designated to receive notice for the beneficiary under that |
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subdivision. |
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(k) In this section: |
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(1) "Beneficiary" has the meaning assigned by Section |
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128A(a), Texas Probate Code. |
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(2) "Estate," "heirs," and "personal representative" |
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have the meanings assigned those terms by Section 3, Texas Probate |
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Code. |
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SECTION 2. Sections 25.0453(g)-(k), Government Code, as |
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added by this Act, apply only to the estate of a decedent who dies on |
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or after the effective date of this Act. The estate of a decedent |
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who dies before the effective date of this Act is governed by the |
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law in effect on the date of the decedent's death, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |