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A BILL TO BE ENTITLED
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AN ACT
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relating to the promulgation of certain forms for use in probate |
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matters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 22, Government Code, is |
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amended by adding Section 22.020 to read as follows: |
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Sec. 22.020. PROMULGATION OF CERTAIN PROBATE FORMS. (a) In |
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this section: |
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(1) "Probate court" has the meaning assigned by |
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Section 22.007, Estates Code. |
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(2) "Probate matter" has the meaning assigned by |
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Section 22.029, Estates Code. |
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(b) The supreme court shall, as the court considers |
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appropriate, promulgate: |
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(1) forms for use by individuals representing |
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themselves in a probate matter, including forms for use in: |
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(A) a small estate affidavit proceeding under |
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Chapter 205, Estates Code; and |
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(B) the probate of a will as a muniment of title |
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under Chapter 257, Estates Code; |
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(2) a simple will form for: |
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(A) a married individual with an adult child; |
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(B) a married individual with a minor child; |
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(C) a married individual with no children; |
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(D) an unmarried individual with an adult child; |
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(E) an unmarried individual with a minor child; |
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and |
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(F) an unmarried individual with no children; and |
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(3) instructions for the proper use of each form or set |
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of forms. |
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(c) The forms and instructions: |
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(1) must be written in plain language that is easy to |
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understand by the general public; |
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(2) shall be made readily available to the general |
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public in the manner prescribed by the supreme court; and |
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(3) must be translated into the Spanish language as |
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provided by Subsection (d). |
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(d) The Spanish language translation of a form must: |
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(1) state: |
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(A) that the Spanish language translated form is |
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to be used solely for the purpose of assisting in understanding the |
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form and may not be submitted to the probate court; and |
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(B) that the English language version of the form |
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must be submitted to the probate court; or |
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(2) be incorporated into the English language version |
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of the form in a manner that is understandable to both the probate |
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court and members of the general public. |
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(e) Each form and its instructions must clearly and |
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conspicuously state that the form is not a substitute for the advice |
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of an attorney. |
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(f) The clerk of a probate court shall inform members of the |
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general public of the availability of a form promulgated by the |
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supreme court under this section as appropriate and make the form |
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available free of charge. |
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(g) A probate court shall accept a form promulgated by the |
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supreme court under this section unless the form has been completed |
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in a manner that causes a substantive defect that cannot be cured. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |