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A BILL TO BE ENTITLED
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AN ACT
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relating to certain persons who are disqualified from serving as |
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the personal representative of a decedent's estate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 304.003, Estates Code, is amended to |
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read as follows: |
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Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR |
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ADMINISTRATOR. A person is not qualified to serve as an executor or |
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administrator if the person is: |
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(1) incapacitated; |
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(2) a felon convicted under the laws of the United |
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States or of any state of the United States unless, in accordance |
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with law, the person has been pardoned or has had the person's civil |
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rights restored; |
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(3) a nonresident of this state who: |
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(A) is a natural person or corporation; and |
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(B) has not: |
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(i) appointed a resident agent to accept |
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service of process in all actions or proceedings with respect to the |
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estate; or |
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(ii) had that appointment filed with the |
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court; |
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(4) a corporation not authorized to act as a fiduciary |
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in this state; [or] |
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(5) the spouse of the decedent and, at the time of the |
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decedent's death, was a party to: |
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(A) a suit for the dissolution of marriage under |
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Chapter 6, Family Code; |
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(B) a suit affecting the parent-child |
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relationship under Subtitle B, Title 5, Family Code, involving a |
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child of the spouse and the decedent; or |
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(C) a suit involving the Department of Family and |
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Protective Services under Subtitle E, Title 5, Family Code, |
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involving a child of the spouse and the decedent; or |
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(6) a person whom the court finds unsuitable. |
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SECTION 2. The changes in law made by this Act to Section |
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304.003, Estates Code, apply only to an application for the grant of |
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letters testamentary or of administration of a decedent's estate |
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filed on or after the effective date of this Act. An application for |
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the grant of letters testamentary or of administration of a |
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decedent's estate filed before that date is governed by the law in |
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effect on the date the application was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |