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A BILL TO BE ENTITLED
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AN ACT
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relating to venue for a proceeding to admit a will to probate or for |
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the granting of letters testamentary or of administration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.001, Estates Code, is amended to read |
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as follows: |
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Sec. 33.001. PROBATE OF WILLS AND GRANTING OF LETTERS |
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TESTAMENTARY AND OF ADMINISTRATION. (a) In this section, |
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"immediate family member" means the parent, spouse, child, or |
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sibling of a person. |
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(b) Venue for a probate proceeding to admit a will to |
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probate or for the granting of letters testamentary or of |
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administration is: |
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(1) with respect to a [in the county in which the
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decedent resided, if the] decedent who had a domicile or fixed place |
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of residence in this state: |
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(A) in the county in which the decedent resided; |
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or |
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(B) in the county in which the applicant for |
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letters testamentary or of administration resides, if no immediate |
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family member of the decedent resides in the same county in which |
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the decedent resided; or |
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(2) with respect to a decedent who did not have a |
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domicile or fixed place of residence in this state: |
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(A) if the decedent died in this state, in the |
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county in which: |
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(i) the decedent's principal estate was |
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located at the time of the decedent's death; or |
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(ii) the decedent died; or |
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(B) if the decedent died outside of this state: |
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(i) in any county in this state in which the |
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decedent's nearest of kin reside; or |
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(ii) if there is no next of kin of the |
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decedent in this state, in the county in which the decedent's |
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principal estate was located at the time of the decedent's death. |
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SECTION 2. The changes in law made by this Act to Section |
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33.001, Estates Code, apply only to the estate of a decedent who |
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dies on or after the effective date of this Act. The estate of a |
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decedent who dies before the effective date of this Act is governed |
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by the law in effect on the date of the decedent's death, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |