| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the delivery of a will in probate proceedings |
|
|
transferred to other courts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 33.105, Estates Code, is amended by |
|
|
adding Subsections (h) and (i) to read as follows: |
|
|
(h) The clerk of the transferring court shall deliver the |
|
|
original will, or the paper copy of the will offered under Section |
|
|
256.156 to prove a will that cannot be produced in court, as |
|
|
applicable, to the clerk of the transferee court by: |
|
|
(1) registered or certified mail, return receipt |
|
|
requested; |
|
|
(2) common or contract carrier, with proof of delivery |
|
|
receipt; or |
|
|
(3) designated delivery service, as defined by 26 |
|
|
U.S.C. Section 7502(f)(2), with proof of delivery receipt. |
|
|
(i) The party requesting the transfer shall pay the cost of |
|
|
delivery under Subsection (h). |
|
|
SECTION 2. Sections 33.105(h) and (i), Estates Code, as |
|
|
added by this Act, apply to a proceeding that is pending or |
|
|
commenced on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |