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