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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the appointment of a public probate |
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administrator; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 25, Government Code, is |
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amended by adding Section 25.00251 to read as follows: |
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Sec. 25.00251. PUBLIC PROBATE ADMINISTRATOR. (a) A |
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statutory probate court judge, with the concurrence of the |
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commissioners court, may appoint a public probate administrator for |
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the county in which the statutory probate court is located. One |
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person shall serve as the public probate administrator for all |
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statutory probate courts in the county unless the commissioners |
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|
court has authorized additional public probate administrators. |
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(b) If a county has more than one statutory probate court, |
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|
the presiding judges of all of the statutory probate courts located |
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|
in the county shall designate, by a majority vote, a specific |
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|
statutory probate court judge to appoint and administer the office |
|
|
of the public probate administrator in that county. If the |
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statutory probate court judges cannot, by a majority vote, |
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|
determine which statutory probate court judge shall appoint and |
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|
administer the office of the public probate administrator in that |
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|
county, the chief presiding statutory probate court judge shall |
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cast the tiebreaking vote to decide which statutory probate court |
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|
judge shall appoint and administer the office of the public probate |
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|
administrator in that county. |
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(c) The public probate administrator may be a person, a |
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charitable organization, or any other suitable entity. |
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(d) The commissioners court shall set the compensation of |
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the public probate administrator. |
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(e) The public probate administrator, with the consent of |
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and at salaries set by the commissioners court, may employ |
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assistants, deputies, clerks, and any other employees as necessary |
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to carry out Chapter 455, Estates Code. |
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SECTION 2. Subtitle J, Title 2, Estates Code, as effective |
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January 1, 2014, is amended by adding Chapter 455 to read as |
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follows: |
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CHAPTER 455. PUBLIC PROBATE ADMINISTRATOR |
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Sec. 455.001. DEFINITION. In this chapter, "public probate |
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administrator" means the public probate administrator appointed |
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under Section 25.00251, Government Code. |
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Sec. 455.002. BOND OF PUBLIC PROBATE ADMINISTRATOR. (a) |
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The public probate administrator must execute an official bond of |
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at least $100,000 conditioned as required by law and payable to the |
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statutory probate court judge who appointed the public probate |
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administrator. |
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(b) In addition to the official bond of office, at any time, |
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for good cause, the statutory probate court judge who appointed the |
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public probate administrator may require the administrator to post |
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an additional corporate surety bond for individual estates. The |
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additional bonds shall bear the written approval of the judge |
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requesting the additional bond. |
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(c) The county may choose to self-insure the public probate |
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administrator for the minimum bond amount required by this section. |
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Sec. 455.003. FUNDING OF PUBLIC PROBATE ADMINISTRATOR'S |
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OFFICE. A public probate administrator is entitled to commissions |
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under Subchapter A, Chapter 352, to be paid into the county |
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treasury. The public probate administrator's office, including |
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salaries, is funded, in part, by the commissions. |
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Sec. 455.004. POWERS AND DUTIES. (a) On receipt of notice |
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of a decedent for whose estate a personal representative has not |
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been appointed and who has no known or suitable next of kin, the |
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public probate administrator shall take prompt possession or |
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control of the decedent's property located in the county that: |
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(1) is considered by the public probate administrator |
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to be subject to loss, injury, waste, or misappropriation; or |
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(2) the court orders into the possession and control |
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of the public probate administrator after notice to the public |
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probate administrator. |
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(b) The public probate administrator is responsible for |
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determining if the decedent has any heirs or a will and, if |
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necessary, shall make burial arrangements with the appropriate |
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county facility in charge of indigent burial if there are no known |
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personal representatives. |
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(c) If the public probate administrator determines the |
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decedent executed a will, the administrator shall file the will |
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with the county clerk. |
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(d) The public probate administrator has all of the powers |
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and duties of an administrator under this title. |
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(e) The public probate administrator may dispose of any |
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unclaimed property by public auction or private sale, or donation |
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to a charity, if appropriate. |
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(f) The statutory probate court judge or commissioners |
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court may request accountings in addition to accountings otherwise |
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required by this title. |
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Sec. 455.005. INFORMING PUBLIC PROBATE ADMINISTRATOR. (a) |
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If a public officer or employee knows of a decedent without known or |
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suitable next of kin or knows of property of a decedent that is |
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subject to loss, injury, waste, or misappropriation, the officer or |
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employee may inform the public probate administrator of that fact. |
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(b) If a person dies in a hospital, mental health facility, |
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or board and care facility without known or suitable next of kin, |
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the person in charge of the hospital or facility may give immediate |
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|
notice of that fact to the public probate administrator of the |
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county in which the hospital or facility is located. |
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(c) A funeral director in control of a decedent's remains |
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|
may notify the public probate administrator if: |
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(1) none of the persons listed in Section 711.002, |
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|
Health and Safety Code, can be found after a reasonable inquiry or |
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contacted by reasonable means; or |
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(2) any of the persons listed in Section 711.002, |
|
|
Health and Safety Code, refuses to act. |
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Sec. 455.006. PUBLIC PROBATE ADMINISTRATOR'S INITIATION OF |
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ADMINISTRATION. (a) The public probate administrator shall |
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investigate a decedent's estate and circumstances to determine if |
|
|
the opening of an administration is necessary if the public probate |
|
|
administrator has reasonable cause to believe that the decedent |
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found in the county or believed to be domiciled in the county in |
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which the administrator is appointed does not have a personal |
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representative appointed for the decedent's estate. |
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(b) The public probate administrator shall secure a |
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decedent's estate or resolve any other circumstances related to a |
|
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decedent, if, after the investigation, the public probate |
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|
administrator determines that: |
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(1) the decedent has an estate that may be subject to |
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|
loss, injury, waste, or misappropriation; or |
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(2) there are other circumstances relating to the |
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|
decedent that require action by the public probate administrator. |
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(c) To establish reasonable cause under Subsection (a), the |
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public probate administrator may require an information letter |
|
|
about the decedent that contains the following: |
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(1) the name, address, date of birth, and county of |
|
|
residence of the decedent; |
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(2) a description of the relationship between the |
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interested person and the decedent; |
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(3) a statement of the suspected cause of death of the |
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decedent; |
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(4) the names and telephone numbers of any known |
|
|
friends or relatives of the decedent; |
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(5) a description of any known property of the |
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|
decedent, including the estimated value of the property; and |
|
|
(6) a statement of whether the property is subject to |
|
|
loss, injury, waste, or misappropriation. |
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Sec. 455.007. ACCESS TO INFORMATION. (a) A public probate |
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administrator who has made an investigation under Section 455.006 |
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|
may present to the statutory probate court judge a statement of the |
|
|
known facts relating to a decedent with a request for permission to |
|
|
take possession or control of property of the decedent and further |
|
|
investigate the matter. |
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(b) On presentation of a statement under Subsection (a), a |
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|
statutory probate court judge may issue an order authorizing the |
|
|
public probate administrator to take possession or control of |
|
|
property under this chapter. A public probate administrator may |
|
|
record the order in any county in which property subject to the |
|
|
order is located. |
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(c) On presentation of an order issued under this section, a |
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financial institution, governmental or private agency, retirement |
|
|
fund administrator, insurance company, licensed securities dealer, |
|
|
or any other person shall perform the following without requiring a |
|
|
death certificate or letters of administration and without |
|
|
inquiring into the truth of the order: |
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(1) provide the public probate administrator complete |
|
|
information concerning property held in the name of the decedent |
|
|
referenced in the order, without charge, including the names and |
|
|
addresses of any beneficiaries and any evidence of a beneficiary |
|
|
designation; and |
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(2) grant the public probate administrator access to a |
|
|
safe deposit box rented in the name of the decedent referenced in |
|
|
the order, without charge, for the purpose of inspection and |
|
|
removal of its contents. |
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(d) Costs and expenses incurred in drilling or forcing a |
|
|
safe deposit box open under Subsection (c) shall be paid by the |
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|
decedent's estate. |
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Sec. 455.008. SMALL ESTATES. (a) If gross assets of an |
|
|
estate do not exceed 10 percent of the maximum amount authorized for |
|
|
a small estate affidavit under Section 205.001, the public probate |
|
|
administrator may act without issuance of letters testamentary or |
|
|
of administration if the court approves a statement of |
|
|
administration stating: |
|
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(1) the name and domicile of the decedent; |
|
|
(2) the date and place of death of the decedent; and |
|
|
(3) the name, address, and relationship of each known |
|
|
heir or devisee of the decedent. |
|
|
(b) On approval of the statement of administration, the |
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|
public probate administrator may: |
|
|
(1) take possession of, collect, manage, and secure |
|
|
the personal property of the decedent; |
|
|
(2) sell the decedent's personal property at private |
|
|
or public sale or auction, without a court order; |
|
|
(3) distribute personal property to the estate's |
|
|
personal representative if one is appointed after the statement of |
|
|
administration is filed; |
|
|
(4) distribute personal property to a distributee of |
|
|
the decedent who presents an affidavit complying with Chapter 205; |
|
|
(5) sell or abandon perishable property of the |
|
|
decedent if necessary to preserve the estate; |
|
|
(6) make necessary funeral arrangements for the |
|
|
decedent and pay reasonable funeral charges with estate assets; |
|
|
(7) distribute to a minor heir or devisee for whom a |
|
|
guardian has not been appointed the share of an intestate estate or |
|
|
a devise to which the heir or devisee is entitled; and |
|
|
(8) distribute allowances and exempt property as |
|
|
provided by this title. |
|
|
(c) On the distribution of property and internment of the |
|
|
decedent under this section, the public probate administrator shall |
|
|
file with the clerk an affidavit, to be approved by the court, |
|
|
detailing: |
|
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(1) the property collected; |
|
|
(2) the property's distribution; |
|
|
(3) the cost of internment; and |
|
|
(4) the place of internment. |
|
|
Sec. 455.009. SMALL ESTATE AFFIDAVIT. (a) If gross assets |
|
|
of an estate do not exceed the maximum amount authorized for a small |
|
|
estate affidavit under Section 205.001, the public probate |
|
|
administrator may file an affidavit that complies with Chapter 205 |
|
|
for approval by the statutory probate court judge. |
|
|
(b) If the statutory probate court judge approves the |
|
|
affidavit, the affidavit: |
|
|
(1) must be maintained or recorded as provided by |
|
|
Section 205.005; and |
|
|
(2) has the effect described by Section 205.007. |
|
|
Sec. 455.010. GRANT OF ADMINISTRATION. (a) A public |
|
|
probate administrator shall file an application for letters of |
|
|
administration or administration with will annexed as provided by |
|
|
this title: |
|
|
(1) if gross assets of an estate exceed the maximum |
|
|
amount authorized for a small estate affidavit under Section |
|
|
205.001; |
|
|
(2) if the property of the decedent cannot be disposed |
|
|
of using other methods detailed in this chapter; or |
|
|
(3) at the discretion of the public probate |
|
|
administrator or on order of the statutory probate court judge. |
|
|
(b) After issuance of letters of administration, the public |
|
|
probate administrator is considered a personal representative |
|
|
under this title and has all of the powers and duties of a personal |
|
|
representative under this title. |
|
|
Sec. 455.011. WITHDRAWAL OF PUBLIC PROBATE ADMINISTRATOR |
|
|
AND APPOINTMENT OF SUCCESSOR. (a) If a public probate |
|
|
administrator has taken any action under Section 455.008, 455.009, |
|
|
or 455.010 and a qualified person more entitled to serve as a |
|
|
personal representative under Section 304.001 comes forward or a |
|
|
will of a decedent is found naming an executor, the public probate |
|
|
administrator may surrender the administration of the estate and |
|
|
the assets of the estate to the person once the person has qualified |
|
|
under this title. |
|
|
(b) Before surrendering the administration of the estate, |
|
|
the public probate administrator must file a verified affidavit |
|
|
that shows fully and in detail: |
|
|
(1) the condition of the estate; |
|
|
(2) the charges and claims that have been approved or |
|
|
established by suit or that have been rejected and may be |
|
|
established later; |
|
|
(3) the amount of each claim that has been rejected and |
|
|
may be established later; |
|
|
(4) the property of the estate in the administrator's |
|
|
possession; and |
|
|
(5) any other facts that are necessary in determining |
|
|
the condition of the estate. |
|
|
(c) The court may require any other filing from the public |
|
|
probate administrator that the court considers appropriate to fully |
|
|
show the condition of the estate before surrendering the estate |
|
|
under this section. |
|
|
Sec. 455.012. DEPOSIT OF FUNDS INTO THE COUNTY TREASURY. |
|
|
The public probate administrator shall deposit all funds coming |
|
|
into the custody of the administrator in the county treasury. Funds |
|
|
deposited must be dispersed at the direction of the public probate |
|
|
administrator and according to the guidelines of the county |
|
|
treasurer or auditor. |
|
|
SECTION 3. Section 304.001(a), Estates Code, as effective |
|
|
January 1, 2014, is amended to read as follows: |
|
|
(a) The court shall grant letters testamentary or of |
|
|
administration to persons qualified to act, in the following order: |
|
|
(1) the person named as executor in the decedent's |
|
|
will; |
|
|
(2) the decedent's surviving spouse; |
|
|
(3) the principal devisee of the decedent; |
|
|
(4) any devisee of the decedent; |
|
|
(5) the next of kin of the decedent; |
|
|
(6) a creditor of the decedent; |
|
|
(7) any person of good character residing in the |
|
|
county who applies for the letters; [and] |
|
|
(8) any other person who is not disqualified under |
|
|
Section 304.003; and |
|
|
(9) any appointed public probate administrator. |
|
|
SECTION 4. Section 118.052, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 118.052. FEE SCHEDULE. Each clerk of a county court |
|
|
shall collect the following fees for services rendered to any |
|
|
person: |
|
|
(1) CIVIL COURT ACTIONS |
|
|
(A) Filing of Original Action (Sec. 118.053): |
|
|
(i) Garnishment after judgment . . . $15.00 |
|
|
(ii) All others . . . $40.00 |
|
|
(B) Filing of Action Other than Original (Sec. |
|
|
118.054) . . . $30.00 |
|
|
(C) Services Rendered After Judgment in Original |
|
|
Action (Sec. 118.0545): |
|
|
(i) Abstract of judgment . . . $ 5.00 |
|
|
(ii) Execution, order of sale, writ, or |
|
|
other process . . . $ 5.00 |
|
|
(2) PROBATE COURT ACTIONS |
|
|
(A) Probate Original Action (Sec. 118.055): |
|
|
(i) Probate of a will with independent |
|
|
executor, administration with will attached, administration of an |
|
|
estate, guardianship or receivership of an estate, or muniment of |
|
|
title . . . $40.00 |
|
|
(ii) Community survivors . . . $40.00 |
|
|
(iii) Small estates . . . $40.00 |
|
|
(iv) Declarations of heirship . . . $40.00 |
|
|
(v) Mental health or chemical dependency |
|
|
services . . . $40.00 |
|
|
(vi) Additional, special fee (Sec. 118.064) |
|
|
. . . $ 5.00 |
|
|
(B) Services in Pending Probate Action (Sec. |
|
|
118.056): |
|
|
(i) Filing an inventory and appraisement as |
|
|
provided by Section 118.056(d) . . . $25.00 |
|
|
(ii) Approving and recording bond . . . $ |
|
|
3.00 |
|
|
(iii) Administering oath . . . $ 2.00 |
|
|
(iv) Filing annual or final account of |
|
|
estate . . . $25.00 |
|
|
(v) Filing application for sale of real or |
|
|
personal property . . . $25.00 |
|
|
(vi) Filing annual or final report of |
|
|
guardian of a person . . . $10.00 |
|
|
(vii) Filing a document not listed under |
|
|
this paragraph after the filing of an order approving the inventory |
|
|
and appraisement or after the 120th day after the date of the |
|
|
initial filing of the action, whichever occurs first, if more than |
|
|
25 pages . . . $25.00 |
|
|
(C) Adverse Probate Action (Sec. 118.057) . . . |
|
|
$40.00 |
|
|
(D) Claim Against Estate (Sec. 118.058) . . . $ |
|
|
2.00 |
|
|
(E) Supplemental Court-Initiated Guardianship |
|
|
Fee in Probate Original Actions and Adverse Probate Actions (Sec. |
|
|
118.067) . . . $20.00 |
|
|
(F) Supplemental Public Probate Administrator |
|
|
Fee For Counties That Have Appointed a Public Probate Administrator |
|
|
(Sec. 118.068) . . . $10.00 |
|
|
(3) OTHER FEES |
|
|
(A) Issuing Document (Sec. 118.059): original |
|
|
document and one copy . . . $ 4.00 |
|
|
each additional set of an original and one copy . . . $ 4.00 |
|
|
(B) Certified Papers (Sec. 118.060): for the |
|
|
clerk's certificate . . . $ 5.00 |
|
|
plus a fee per page or part of a page of . . . $ 1.00 |
|
|
(C) Noncertified Papers (Sec. 118.0605): for |
|
|
each page or part of a page . . . $ 1.00 |
|
|
(D) Letters Testamentary, Letter of |
|
|
Guardianship, Letter of Administration, or Abstract of Judgment |
|
|
(Sec. 118.061) . . . $ 2.00 |
|
|
(E) Safekeeping of Wills (Sec. 118.062) . . . $ |
|
|
5.00 |
|
|
(F) Mail Service of Process (Sec. 118.063) . . . |
|
|
same as sheriff |
|
|
(G) Records Management and Preservation Fee |
|
|
. . . $ 5.00 |
|
|
SECTION 5. Subchapter C, Chapter 118, Local Government |
|
|
Code, is amended by adding Section 118.068 to read as follows: |
|
|
Sec. 118.068. SUPPLEMENTAL PUBLIC PROBATE ADMINISTRATOR |
|
|
FEE. (a) The "supplemental public probate administrator fee" under |
|
|
Section 118.052(2)(F) is for the support of the office of public |
|
|
probate administrator under Chapter 455, Estates Code. Fees |
|
|
collected under Section 118.052(2)(F) shall be deposited in the |
|
|
county treasury to fund the expenses of the public probate |
|
|
administrator's office. |
|
|
(b) The supplemental public probate administrator fee is |
|
|
charged for: |
|
|
(1) a probate original action described by Section |
|
|
118.055 and for which a fee is charged in accordance with Section |
|
|
118.052(2)(A)(i), (ii), (iii), (iv), or (v); and |
|
|
(2) an adverse probate action described by Section |
|
|
118.057 and for which a fee is charged in accordance with Section |
|
|
118.052(2)(C). |
|
|
(c) The supplemental public probate administrator fee must |
|
|
be paid by the person against whom the fee for a probate original |
|
|
action or adverse probate action, as applicable, is charged and is |
|
|
due at the time that fee is due. |
|
|
(d) The supplemental public probate administrator fee is in |
|
|
addition to all other fees charged in probate original actions and |
|
|
adverse probate actions. |
|
|
SECTION 6. Subchapter E, Chapter 101, Government Code, is |
|
|
amended by adding Section 101.08145 to read as follows: |
|
|
Sec. 101.08145. ADDITIONAL STATUTORY COUNTY COURT FEES AND |
|
|
COSTS: LOCAL GOVERNMENT CODE. The clerk of a statutory county court |
|
|
shall collect a supplemental public probate administrator fee of |
|
|
$10 under Sections 118.052 and 118.068, Local Government Code. |
|
|
SECTION 7. Subchapter F, Chapter 101, Government Code, is |
|
|
amended by adding Section 101.103 to read as follows: |
|
|
Sec. 101.103. ADDITIONAL STATUTORY PROBATE COURT FEES AND |
|
|
COSTS: LOCAL GOVERNMENT CODE. The clerk of a statutory probate |
|
|
court shall collect a supplemental public probate administrator fee |
|
|
of $10 under Sections 118.052 and 118.068, Local Government Code. |
|
|
SECTION 8. Subchapter G, Chapter 101, Government Code, is |
|
|
amended by adding Section 101.12145 to read as follows: |
|
|
Sec. 101.12145. ADDITIONAL COUNTY COURT FEES AND COSTS: |
|
|
LOCAL GOVERNMENT CODE. The clerk of a county court shall collect a |
|
|
supplemental public probate administrator fee of $10 under Sections |
|
|
118.052 and 118.068, Local Government Code. |
|
|
SECTION 9. This Act takes effect January 1, 2014. |