|
|
|
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. |