84R982 CLG-F
 
  By: Ellis S.B. No. 1792
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to access to a financial institution account of a person
  who dies intestate.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subtitle D, Title 2, Estates Code,
  is amended to read as follows:
  SUBTITLE D. PROCEEDINGS AND OTHER PROCEDURES BEFORE ADMINISTRATION
  OF ESTATE
         SECTION 2.  Subtitle D, Title 2, Estates Code, is amended by
  adding Chapter 153 to read as follows:
  CHAPTER 153. ACCESS TO INTESTATE'S ACCOUNT WITH FINANCIAL
  INSTITUTION
         Sec. 153.001.  DEFINITIONS. In this chapter:
               (1)  "Account" has the meaning assigned by Section
  113.001.
               (2)  "Financial institution" has the meaning assigned
  by Section 201.101, Finance Code.
               (3)  "P.O.D. account" and "trust account" have the
  meanings assigned by Section 113.004.
         Sec. 153.002.  INAPPLICABILITY OF CHAPTER. This chapter
  does not apply to:
               (1)  an account with a beneficiary designation;
               (2)  a P.O.D. account; 
               (3)  a trust account; or
               (4)  an account that provides for a right of
  survivorship.
         Sec. 153.003.  COURT-ORDERED ACCESS TO INTESTATE'S ACCOUNT
  INFORMATION. On application of any person or on the court's own
  motion, a court may issue an order requiring a financial
  institution to release to the person named in the order information
  concerning the balance of each account that is maintained at the
  financial institution of a decedent who dies intestate if:
               (1)  90 days have elapsed since the date of the
  decedent's death; 
               (2)  no petition for the appointment of a personal
  representative for the decedent's estate is pending; and
               (3)  no letters testamentary or of administration have
  been granted with respect to the estate. 
         Sec. 153.004.  ACCESS TO INTESTATE'S ACCOUNT INFORMATION
  WITHOUT COURT ORDER. On presentation of a certified copy of the
  decedent's death certificate and an affidavit that complies with
  Section 153.005, a financial institution may release to an heir of a
  decedent who dies intestate information concerning the balance of
  each of the decedent's accounts that is maintained at the financial
  institution if 90 days have elapsed since the date of the decedent's
  death. 
         Sec. 153.005.  FORM OF AFFIDAVIT. An affidavit presented to
  a financial institution under this chapter must be in substantially
  the following form:
  AFFIDAVIT
         Before me, the undersigned authority, on this day personally
  appeared __________ ("Affiant") (insert name of affiant) who, being
  first duly sworn, on his or her oath states:
         My name is __________ (insert name of affiant), and I live at
  __________ (insert address of affiant's residence).
         I am an heir of ________________ (insert name of decedent),
  who is the holder of an account ("Account holder") maintained with
  _____________(insert name of financial institution). I am the
  account holder's _____________________ (insert "surviving
  spouse," "parent," "descendant," or other description of a familial
  relationship to the account holder).
         The account holder died on _______ (insert decedent's date
  of death).
         To the best of my knowledge no will of the account holder has
  been probated and there is no will that will be offered for probate.
  In addition, to the best of my knowledge there is no administration
  of the account holder's estate pending in a court of this state, and
  it is my belief that no administration of the estate is necessary.
  Signed this ___ day of __________, ___.
  _________________________________
  (signature of affiant)            
  State of __________
  County of __________
         Sworn to and subscribed to before me on __________ (date) by
  __________ (insert name of affiant).
  _________________________________
  (signature of notarial officer)   
  (Seal, if any, of notary) __________
                                 (printed name)
         My commission expires: __________
         SECTION 3.  This Act takes effect September 1, 2015.