90R387 KFF-D
 
  By: Garcia Hernandez H.B. No. 532
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the promulgation and provision of a form that may be
  used to provide notice to an unsecured creditor or present certain
  unsecured claims against the estate of a decedent.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 308.054(b), Estates Code, is amended to
  read as follows:
         (b)  Notice given under Subsection (a) must:
               (1)  expressly state that the creditor must present the
  claim before the 121st day after the date of the receipt of the
  notice or the claim is barred, if the claim is not barred by the
  general statutes of limitation; [and]
               (2)  include:
                     (A)  the date the letters testamentary or of
  administration held by the personal representative were issued to
  the representative;
                     (B)  the address to which the claim may be
  presented; [and]
                     (C)  an instruction of the representative's
  choice that the claim be addressed in care of:
                           (i)  the representative;
                           (ii)  the representative's attorney; or
                           (iii)  "Representative, Estate of _______"
  (naming the estate); and
                     (D)  a statement that the creditor may present the
  creditor's claim:
                           (i)  in a manner that complies with the
  applicable requirements of Sections 355.004 and 355.005 and
  Subchapter B, Chapter 403; or
                           (ii)  by completing and returning the claim
  form enclosed under Subdivision (3); and
               (3)  enclose a blank claim form that, when completed,
  satisfies the applicable requirements of Sections 355.004 and
  355.005 and Subchapter B, Chapter 403.
         SECTION 2.  Section 403.051(b), Estates Code, is amended to
  read as follows:
         (b)  To be effective, the notice prescribed under Subsection
  (a)(2) must include, in addition to the other information required
  by Section 308.054, a statement that a claim may be effectively
  presented by [only] one of the methods prescribed by this
  subchapter or by completing and returning the claim form enclosed
  under Section 308.054(b)(3).
         SECTION 3.  Section 403.055, Estates Code, is amended to
  read as follows:
         Sec. 403.055.  CERTAIN UNSECURED CLAIMS; BARRING OF CLAIMS.
  (a) An unsecured creditor who has a claim for money against an
  estate and who receives a notice under Section 308.054 shall give to
  the independent executor notice of the nature and amount of the
  claim before the 121st day after the date the notice is received or
  the claim is barred.
         (b)  A creditor who completes and returns to the independent
  executor the claim form enclosed with a notice given under Section
  308.054(b)(3) before the 121st day after the date the notice is
  received is considered to have given notice of the nature and amount
  of the claim in compliance with this section and Section 403.056.
         SECTION 4.  Section 22.020(b), Government Code, is amended
  to read as follows:
         (b)  The supreme court shall, as the court considers
  appropriate, promulgate:
               (1)  forms for use by individuals representing
  themselves in certain probate matters, including forms for use in:
                     (A)  a small estate affidavit proceeding under
  Chapter 205, Estates Code; and
                     (B)  the probate of a will as a muniment of title
  under Chapter 257, Estates Code;
               (2)  a simple will form for:
                     (A)  a married individual with an adult child;
                     (B)  a married individual with a minor child;
                     (C)  a married individual with no children;
                     (D)  an unmarried individual with an adult child;
                     (E)  an unmarried individual with a minor child;
  and
                     (F)  an unmarried individual with no children;
               (2-a)  a form for use to create a transfer on death deed
  and a form for use to create an instrument of revocation of a
  transfer on death deed under Chapter 114, Estates Code;
               (2-b)  a form that may be used by:
                     (A)  a personal representative in providing
  notice to an unsecured creditor under Section 308.054, Estates
  Code; or
                     (B)  an unsecured creditor to give notice and
  present a claim in response to the notice provided under Section
  308.054, Estates Code; and
               (3)  instructions for the proper use of each form or set
  of forms.
         SECTION 5.  The changes in law made by this Act apply only to
  the estate of a decedent who dies on or after the effective date of
  this Act. The estate of a decedent who dies before the effective
  date of this Act is governed by the law in effect on the date of the
  decedent's death, and the former law is continued in effect for that
  purpose.
         SECTION 6.  This Act takes effect September 1, 2027.