By: King of Parker (Senate Sponsor - Rodriguez) H.B. No. 789
         (In the Senate - Received from the House April 15, 2013;
  April 18, 2013, read first time and referred to Committee on
  Jurisprudence; May 16, 2013, reported favorably by the following
  vote:  Yeas 7, Nays 0; May 16, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the allowance in lieu of exempt property in the
  administration of a decedent's estate.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. CHANGES TO TEXAS PROBATE CODE
         SECTION 1.01.  Section 273, Texas Probate Code, is amended
  to read as follows:
         Sec. 273.  ALLOWANCE IN LIEU OF EXEMPT PROPERTY.  In case
  there should not be among the effects of the deceased all or any of
  the specific articles exempted from execution or forced sale by the
  Constitution and laws of this state, the court shall make a
  reasonable allowance in lieu thereof, to be paid to such surviving
  spouse and children, or such of them as there are, as hereinafter
  provided.  The allowance in lieu of a homestead shall in no case
  exceed $45,000 [$15,000] and the allowance for other exempted
  property shall in no case exceed $30,000 [$5,000], exclusive of the
  allowance for the support of the surviving spouse, minor children,
  and adult incapacitated children which is hereinafter provided for.
         SECTION 1.02.  The changes in law made by this article to
  Section 273, Texas Probate Code, apply only to the estate of a
  decedent who dies on or after the effective date of this Act. The
  estate of a decedent who dies before the effective date of this Act
  is governed by the law in effect on the date of the decedent's
  death, and the former law is continued in effect for that purpose.
  ARTICLE 2. CHANGES TO ESTATES CODE
         SECTION 2.01.  Section 353.053(b), Estates Code, as
  effective January 1, 2014, is amended to read as follows:
         (b)  The allowance in lieu of a homestead may not exceed
  $45,000 [$15,000], and the allowance in lieu of other exempt
  property may not exceed $30,000 [$5,000], excluding the family
  allowance for the support of the surviving spouse, minor children,
  and adult incapacitated children provided by Subchapter C.
         SECTION 2.02.  Section 273, Texas Probate Code, as amended
  by Article 1 of this Act, is repealed.
         SECTION 2.03.  This article takes effect January 1, 2014.
  ARTICLE 3. EFFECTIVE DATE
         SECTION 3.01.  Except as otherwise provided by this Act,
  this Act takes effect September 1, 2013.
 
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