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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) |
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The supreme court shall, as the court considers appropriate, |
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promulgate forms and instructions for the use of those forms for use |
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by individuals representing themselves in certain probate matters |
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or making certain wills, including forms for use in: |
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(1) a small estate affidavit proceeding under Chapter |
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205, Estates Code; |
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(2) the probate of a will as a muniment of title under |
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Chapter 257, Estates Code; and |
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(3) the making of a will 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. |
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(b) The forms and instructions must: |
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(1) be written in plain language that is easy to |
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understand by the general public; |
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(2) clearly and conspicuously state that the form is |
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not a substitute for the advice of an attorney; |
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(3) be made readily available to the general public in |
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the manner prescribed by the supreme court; and |
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(4) be translated into the Spanish language and the |
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Spanish language translation of the form must either: |
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(A) state that the Spanish language-translated |
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form is to be used solely for the purpose of assisting in |
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understanding the form and may not be submitted to the court, and |
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that the English version of the form must submitted to the court; or |
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(B) be incorporated into the English language |
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form in a manner that is understandable to both the court and |
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members of the public. |
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(c) The clerk of a court shall inform members of the public |
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of the availability of a form promulgated under this section as |
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appropriate and make the form available free of charge. |
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(d) A court shall accept a form promulgated by the supreme |
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court under this section unless the form has been completed in a |
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manner that causes a substantive defect that cannot be cured. |
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SECTION 2. This Act takes effect September 1, 2015. |