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A BILL TO BE ENTITLED
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AN ACT
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relating to the delivery of records, including a will, in probate |
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proceedings transferred to other courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.105, Estates Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) If a probate proceeding is transferred to a court in |
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another county under this chapter, the clerk of the transferring |
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court shall send to the clerk of the court to which the proceeding |
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is transferred: |
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(1) [,] using the electronic filing system established |
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under Section 72.031, Government Code: |
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(A) [(1)] a transfer certificate and index of |
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transferred documents; |
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(B) [(2)] a copy of each final order; |
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(C) [(3)] a copy of the order of transfer signed |
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by the transferring court; |
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(D) [(4)] a copy of the original papers filed in |
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the transferring court[, including a copy of any will]; |
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(E) [(5)] a copy of the transfer certificate and |
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index of transferred documents from each previous transfer; and |
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(F) [(6)] a bill of any costs accrued in the |
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transferring court; and |
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(2) by a qualified delivery method, the original will, |
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or the paper copy of the will offered under Section 256.156 to prove |
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a will that cannot be produced in court, as applicable. |
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(a-1) If applicable, the applicant who requested to |
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transfer a probate proceeding shall pay the cost of delivery under |
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Subsection (a)(2). |
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SECTION 2. Section 33.105, Estates Code, as amended by this |
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Act, applies to a proceeding that is pending or commenced on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |