88R19413 KFF-F
	By: Smithee	H.B. No. 2821
	Substitute the following for H.B. No. 2821:
	By:  Schofield	C.S.H.B. No. 2821

	A BILL TO BE ENTITLED
	AN ACT
	relating to decedents' estates and the delivery of certain notices
	or other communications in connection with those estates or
	multiple-party accounts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 22, Estates Code, is amended by adding
	Section 22.0295 to read as follows:
	Sec. 22.0295.  QUALIFIED DELIVERY METHOD. "Qualified
	delivery method" means delivery by:
	(1)  hand delivery by courier, with courier's proof of
	delivery receipt;
	(2)  certified or registered mail, return receipt
	requested, with return receipt; or
	(3)  a private delivery service designated as a
	designated delivery service by the United States Secretary of the
	Treasury under Section 7502(f)(2), Internal Revenue Code of 1986,
	with proof of delivery receipt.
	SECTION 2.  The heading to Section 51.052, Estates Code, is
	amended to read as follows:
	Sec. 51.052.  SERVICE BY MAIL OR PRIVATE DELIVERY.
	SECTION 3.  Sections 51.052(b), (c), (d), (e), (f), and (g),
	Estates Code, are amended to read as follows:
	(b)  Except as provided by Subsection (c), the county clerk
	shall issue a citation or notice required or permitted to be served
	by a qualified delivery method [registered or certified mail] and
	shall serve the citation or notice by sending [mailing] the
	original citation or notice by a qualified delivery method
	[registered or certified mail].
	(c)  A personal representative shall issue a notice required
	to be given by the representative by a qualified delivery method
	[registered or certified mail] and shall serve the notice by
	sending [mailing] the original notice by a qualified delivery
	method [registered or certified mail].
	(d)  The county clerk or personal representative, as
	applicable, shall send [mail] a citation or notice under Subsection
	(b) or (c) with an instruction to deliver the citation or notice to
	the addressee only and with return receipt or other proof of
	delivery requested.  The clerk or representative, as applicable,
	shall address the envelope containing the citation or notice to:
	(1)  the attorney of record in the proceeding for the
	person to be cited or notified; or
	(2)  the person to be cited or notified, if the citation
	or notice to the attorney is returned undelivered or the person to
	be cited or notified has no attorney of record in the proceeding.
	(e)  Service by a qualified delivery method [mail] shall be
	made at least 20 days before the return day of the service,
	excluding the date of service.  The date of service [by mail] is the
	date of mailing, the date of deposit with the private delivery
	service, or the date of delivery by the courier, as applicable.
	(f)  A copy of a citation or notice served under Subsection
	(a), (b), or (c), together with a certificate of the person serving
	the citation or notice showing that the citation or notice was sent
	[mailed] and the date of the mailing, date of deposit with a private
	delivery service, or date of delivery by courier, as applicable,
	shall be filed and recorded.  A returned receipt or proof of
	delivery receipt for a citation or notice served under Subsection
	(b) or (c) shall be attached to the certificate.
	(g)  If a citation or notice served by a qualified delivery
	method [mail] is returned undelivered, a new citation or notice
	shall be issued.  Service of the new citation or notice must be made
	by posting.
	SECTION 4.  Section 51.055(a), Estates Code, is amended to
	read as follows:
	(a)  If a party is represented by an attorney of record in a
	probate proceeding, each citation or notice required to be served
	on the party in that proceeding shall be served instead on that
	attorney.  A notice under this subsection may be served by delivery
	to the attorney in person or by a qualified delivery method
	[registered or certified mail].
	SECTION 5.  Section 51.056, Estates Code, is amended to read
	as follows:
	Sec. 51.056.  SERVICE ON PERSONAL REPRESENTATIVE OR
	RECEIVER. Unless this title expressly provides for another method
	of service, the county clerk who issues a citation or notice
	required to be served on a personal representative or receiver
	shall serve the citation or notice by sending [mailing] the
	original citation or notice by a qualified delivery method
	[registered or certified mail] to:
	(1)  the representative's or receiver's attorney of
	record; or
	(2)  the representative or receiver, if the
	representative or receiver does not have an attorney of record.
	SECTION 6.  Section 51.103(b), Estates Code, is amended to
	read as follows:
	(b)  Proof of service consists of:
	(1)  if the service is made by a sheriff or constable,
	the return of service;
	(2)  if the service is made by a private person, the
	person's affidavit;
	(3)  if the service is made by a qualified delivery
	method [mail]:
	(A)  the certificate of the county clerk making
	the service, or the affidavit of the personal representative or
	other person making the service, stating that the citation or
	notice was mailed, deposited with a private delivery service, or
	delivered by courier, as applicable, and the date of the mailing or
	deposit with the delivery service or the date of the courier
	delivery, as applicable; and
	(B)  the return receipt or other proof of delivery
	receipt attached to the certificate or affidavit, as applicable, if
	the sending [mailing] was by a qualified delivery method
	[registered or certified mail] and a receipt is available [has been
	returned]; and
	(4)  if the service is made by publication:
	(A)  a statement:
	(i)  made by the Office of Court
	Administration of the Texas Judicial System or an employee of the
	office;
	(ii)  that contains or to which is attached a
	copy of the published citation or notice; and
	(iii)  that states the date of publication
	on the public information Internet website maintained as required
	by Section 72.034, Government Code[, as added by Chapter 606 (S.B.
	891), Acts of the 86th Legislature, Regular Session, 2019]; and
	(B)  an affidavit:
	(i)  made by the publisher of the newspaper
	in which the citation or notice was published or an employee of the
	publisher;
	(ii)  that contains or to which is attached a
	copy of the published citation or notice; and
	(iii)  that states the date of publication
	printed on the newspaper in which the citation or notice was
	published.
	SECTION 7.  Section 56.002(b), Estates Code, is amended to
	read as follows:
	(b)  The resident agent shall send, by a qualified delivery
	method [certified mail, return receipt requested], a copy of a
	resignation statement filed under Subsection (a) to:
	(1)  the personal representative at the address most
	recently known by the resident agent; and
	(2)  each party in the case or the party's attorney or
	other designated representative of record.
	SECTION 8.  The heading to Section 101.052, Estates Code, is
	amended to read as follows:
	Sec. 101.052.  LIABILITY OF COMMUNITY PROPERTY FOR DEBTS [
	OF
	DECEASED SPOUSE].
	SECTION 9.  Section 101.052, Estates Code, is amended by
	amending Subsections (a) and (b) and adding Subsection (a-1) to
	read as follows:
	(a)  The community property that was by law under [subject
	to] the sole management, control, and disposition of a spouse or
	under the joint management, control, and disposition of the spouses
	[a spouse] during marriage continues to be subject to the
	liabilities of that spouse on the death of either spouse.
	(a-1)  The undivided one-half interest that the surviving
	spouse owned in community property that was by law under the sole
	management, control, and disposition of the deceased spouse during
	marriage is subject to the liabilities of the surviving spouse on
	the death of the deceased spouse.
	(b)  The undivided one-half interest that the deceased
	spouse owned in [any other nonexempt] community property that was
	by law under the sole management, control, and disposition of the
	surviving spouse during marriage passes to the deceased spouse's
	heirs or devisees charged with the liabilities of [debts that were
	enforceable against] the deceased spouse [before death].
	SECTION 10.  Sections 113.001(1) and (8), Estates Code, are
	amended to read as follows:
	(1)  "Account" means a contract of deposit of funds or
	securities between a depositor and a financial institution.  The
	term includes:
	(A)  an account with cash deposits, including a
	checking account, savings account, certificate of deposit, and
	share account;
	(B)  an account holding securities, including
	stocks, bonds, and mutual funds; and
	(C)  another [, or other] similar arrangement.
	(8)  "Sums on deposit" means the balance payable or
	transferable on a multiple-party account including cash, interest,
	dividends, any type of securities, including stocks, bonds, and
	mutual funds, and any deposit of life insurance proceeds added to
	the account by reason of the death of a party.
	SECTION 11.  Section 113.251(c), Estates Code, is amended to
	read as follows:
	(c)  Not later than the 30th day after the date a security
	interest on a multiple-party account is perfected, a secured
	creditor that is a financial institution with accounts insured by
	the Federal Deposit Insurance Corporation shall provide written
	notice of the pledge of the account to any other party to the
	account who did not create the security interest.  The notice must
	be sent by a qualified delivery method [certified mail] to each
	other party at the last address the party provided to the depository
	bank.
	SECTION 12.  Section 202.005, Estates Code, is amended to
	read as follows:
	Sec. 202.005.  APPLICATION FOR PROCEEDING TO DECLARE
	HEIRSHIP.  A person authorized by Section 202.004 to commence a
	proceeding to declare heirship must file an application in a court
	specified by Section 33.004 to commence the proceeding.  The
	application must state:
	(1)  the decedent's name and date and place of death;
	(2)  the names and physical addresses where service can
	be had of the decedent's heirs, the relationship of each heir to the
	decedent, whether each heir is an adult or minor, and the true
	interest of the applicant and each of the heirs in the decedent's
	estate or in the trust, as applicable;
	(3)  if the date or place of the decedent's death or the
	name or physical address where service can be had of an heir is not
	definitely known to the applicant, all the material facts and
	circumstances with respect to which the applicant has knowledge and
	information that might reasonably tend to show the date or place of
	the decedent's death or the name or physical address where service
	can be had of the heir;
	(4)  that all children born to or adopted by the
	decedent have been listed;
	(5)  that each of the decedent's marriages has been
	listed with:
	(A)  the date of the marriage;
	(B)  the name of the spouse;
	(C)  the date and place of termination if the
	marriage was terminated; and
	(D)  other facts to show whether a spouse has had
	an interest in the decedent's property;
	(6)  whether the decedent died testate and, if so, what
	disposition has been made of the will;
	(7)  a general description of all property, as
	applicable:
	(A)  belonging to the decedent's estate that is
	subject to distribution under a judgment in the proceeding; or
	(B)  held in trust for the benefit of the
	decedent[, as applicable]; and
	(8)  an explanation for the omission from the
	application of any of the information required by this section.
	SECTION 13.  Section 202.051, Estates Code, is amended to
	read as follows:
	Sec. 202.051.  SERVICE OF CITATION BY QUALIFIED DELIVERY
	METHOD [MAIL] WHEN RECIPIENT'S NAME AND ADDRESS ARE KNOWN OR
	ASCERTAINABLE. Except as provided by Section 202.054, citation in
	a proceeding to declare heirship must be served by a qualified
	delivery method [registered or certified mail] on:
	(1)  each distributee who is 12 years of age or older
	and whose name and address are known or can be ascertained through
	the exercise of reasonable diligence; and
	(2)  the parent, managing conservator, or guardian of
	each distributee who is younger than 12 years of age if the name and
	address of the parent, managing conservator, or guardian are known
	or can be reasonably ascertained.
	SECTION 14.  Section 202.056, Estates Code, is amended to
	read as follows:
	Sec. 202.056.  WAIVER OF SERVICE OF CITATION. (a) A [Except
	as provided by Subsection (b)(2), a] distributee who is 16 years of
	age or older may waive citation required by this subchapter to be
	served on the distributee.
	(b)  A parent, managing conservator, guardian, attorney ad
	litem, or guardian ad litem of a [minor] distributee who is younger
	than 16 years of age may [:
	[(1)  is younger than 12 years of age may] waive
	citation required by this subchapter to be served on the
	distributee[; and
	[(2)  is 12 years of age or older may not waive citation
	required by this subchapter to be served on the distributee].
	SECTION 15.  Section 202.151, Estates Code, is amended by
	amending Subsections (b) and (c) and adding Subsection (d) to read
	as follows:
	(b)  Except as provided by Subsection (c), in a proceeding to
	declare heirship, testimony regarding a decedent's heirs and family
	history must be taken:
	(1)  from two disinterested and credible witnesses in
	open court;
	(2)  [,] by deposition in accordance with Section
	51.203;
	(3)  by a recorded statement of facts contained in:
	(A)  an affidavit or instrument that satisfies the
	requirements of Section 203.001; or
	(B)  a judgment of a court of record as specified
	by Section 203.001(a)(1)(B); [,] or
	(4)  in accordance with the Texas Rules of Civil
	Procedure.
	(c)  If it is shown to the court's satisfaction in a
	proceeding to declare heirship that, after a diligent search was
	made, only one disinterested and credible witness can be found who
	can make the required proof in the proceeding, the testimony of that
	witness must be taken:
	(1)  in open court;
	(2)  [,] by deposition in accordance with Section
	51.203;
	(3)  by a recorded statement of facts contained in:
	(A)  an affidavit or instrument that satisfies the
	requirements of Section 203.001; or
	(B)  a judgment of a court of record as specified
	by Section 203.001(a)(1)(B); [,] or
	(4)  in accordance with the Texas Rules of Civil
	Procedure.
	(d)  Notwithstanding any other law, a person interested in an
	estate solely because the person is a creditor or has a claim
	against the estate may serve as a witness under this section if the
	person is otherwise a credible witness.
	SECTION 16.  Section 202.203, Estates Code, is amended to
	read as follows:
	Sec. 202.203.  CORRECTION OF JUDGMENT AT REQUEST OF HEIR NOT
	PROPERLY SERVED. If an heir of a decedent who is the subject of a
	proceeding to declare heirship is not served with citation by a
	qualified delivery method [registered or certified mail] or
	personal service in the proceeding, the heir may:
	(1)  have the judgment in the proceeding corrected by
	bill of review:
	(A)  at any time, but not later than the fourth
	anniversary of the date of the judgment; or
	(B)  after the passage of any length of time, on
	proof of actual fraud; and
	(2)  recover the heir's just share of the property or
	the value of that share from:
	(A)  the heirs named in the judgment; and
	(B)  those who claim under the heirs named in the
	judgment and who are not bona fide purchasers for value.
	SECTION 17.  Section 251.053, Estates Code, is amended to
	read as follows:
	Sec. 251.053.  EXCEPTION FOR FOREIGN AND CERTAIN OTHER
	WILLS.  A [Section 251.051 does not apply to a] written will does
	not need to meet the requirements of Section 251.051 if the will is
	executed in compliance with:
	(1)  the law of the state or foreign country where the
	will was executed, as that law existed at the time of the will's
	execution; or
	(2)  the law of the state or foreign country where the
	testator was domiciled or had a place of residence, as that law
	existed at the time of the will's execution or at the time of the
	testator's death.
	SECTION 18.  Section 258.002, Estates Code, is amended by
	adding Subsections (d) and (e) to read as follows:
	(d)  An heir who is 16 years of age or older may waive
	citation required by this section to be served on the heir.
	(e)  The parent, managing conservator, guardian, attorney ad
	litem, or guardian ad litem of an heir who is younger than 16 years
	of age may waive citation required by this section to be served on
	the heir.
	SECTION 19.  Section 304.003, Estates Code, is amended to
	read as follows:
	Sec. 304.003.  PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR
	ADMINISTRATOR.  A person is not qualified to serve as an executor
	or administrator if the person is:
	(1)  incapacitated;
	(2)  a felon convicted under the laws of the United
	States or of any state of the United States unless:[,]
	(A)  in accordance with law, the person has been
	pardoned or has had the person's civil rights restored; or
	(B)  all of the distributees of the decedent agree
	on and collectively designate the person to serve as executor or
	administrator of the decedent's estate and acknowledge the
	conviction in:
	(i)  an application for probate of the
	decedent's will;
	(ii)  an application for letters
	testamentary or of administration of the decedent's estate; or
	(iii)  one or more separate documents
	consenting to an application;
	(3)  a nonresident of this state who:
	(A)  is a natural person or corporation; and
	(B)  has not:
	(i)  appointed a resident agent to accept
	service of process in all actions or proceedings with respect to the
	estate; or
	(ii)  had that appointment filed with the
	court;
	(4)  a corporation not authorized to act as a fiduciary
	in this state; or
	(5)  a person whom the court finds unsuitable.
	SECTION 20.  Section 305.001, Estates Code, is amended to
	read as follows:
	Sec. 305.001.  DEFINITIONS. In this chapter:
	(1)  "Bond" means a bond required by this chapter to be
	given by a person appointed to serve as a personal representative.
	(2)  "Declaration" means a written declaration that may
	be made and signed by a person appointed to serve as a personal
	representative.
	(3)  "Oath" means an oath that may [required by this
	chapter to] be taken by a person appointed to serve as a personal
	representative.
	SECTION 21.  Section 305.002, Estates Code, is amended to
	read as follows:
	Sec. 305.002.  MANNER OF QUALIFICATION OF PERSONAL
	REPRESENTATIVE. (a)  A personal representative, other than an
	executor described by Subsection (b), is considered to have
	qualified when the representative has:
	(1)  taken and filed the oath prescribed by Subchapter
	B or made, signed, and filed the declaration prescribed by
	Subchapter B;
	(2)  filed the required bond with the clerk; and
	(3)  obtained the judge's approval of the bond.
	(b)  An executor who is not required to give a bond is
	considered to have qualified when the executor has taken and filed
	the oath prescribed by Subchapter B or made, signed, and filed the
	declaration prescribed by Subchapter B.
	SECTION 22.  Section 305.003, Estates Code, is amended to
	read as follows:
	Sec. 305.003.  PERIOD FOR TAKING OATH OR MAKING AND SIGNING
	DECLARATION.  An oath may be taken and subscribed or a declaration
	may be made and signed at any time before:
	(1)  the 21st day after the date of the order granting
	letters testamentary or of administration, as applicable; or
	(2)  the letters testamentary or of administration, as
	applicable, are revoked for a failure to qualify within the period
	allowed.
	SECTION 23.  The heading to Subchapter B, Chapter 305,
	Estates Code, is amended to read as follows:
	SUBCHAPTER B. OATHS OR DECLARATIONS
	SECTION 24.  Section 305.051, Estates Code, is amended to
	read as follows:
	Sec. 305.051.  OATH OR DECLARATION OF EXECUTOR OR
	ADMINISTRATOR WITH WILL ANNEXED. (a) Before the issuance of
	letters testamentary or letters of administration with the will
	annexed, the person named as executor or appointed as administrator
	with the will annexed shall:
	(1)  take and subscribe an oath as prescribed by
	Subsection (b); or
	(2)  make and sign a declaration as prescribed by
	Subsection (c).
	(b)  If the person named as executor or appointed as
	administrator with the will annexed elects to take an oath under
	this section, the person shall take and subscribe an oath in
	substantially the following form:
	I do solemnly swear that the writing offered for probate is
	the last will of ________ (insert name of testator), so far as I
	know or believe, and that I will well and truly perform all the
	duties of __________ (insert "executor of the will" or
	"administrator with the will annexed," as applicable) for the
	estate of _______ (insert name of testator).
	(c)  If the person named as executor or appointed as
	administrator with the will annexed elects to make a declaration
	under this section, the person shall make and sign a declaration in
	substantially the following form:
	My name is ________ (insert name of "executor of the will" or
	"administrator with the will annexed" as it appears on the order
	appointing the person as executor or administrator with the will
	annexed), my date of birth is ________ (insert date of birth of
	"executor of the will" or "administrator with the will annexed," as
	applicable), and my address is ________ (insert street, city,
	state, zip code, and country of "executor of the will" or
	"administrator with the will annexed," as applicable). I declare
	under penalty of perjury that the writing offered for probate is the
	last will of ________ (insert name of testator), so far as I know or
	believe. I also solemnly declare that I will well and truly perform
	all the duties of ________ (insert "executor of will" or
	"administrator with the will annexed," as applicable) for the
	estate of ________ (insert name of testator).
	SECTION 25.  Section 305.052, Estates Code, is amended to
	read as follows:
	Sec. 305.052.  OATH OR DECLARATION OF ADMINISTRATOR. (a)
	Before the issuance of letters of administration, the person
	appointed as administrator shall:
	(1)  take and subscribe an oath as prescribed by
	Subsection (b); or
	(2)  make and sign a declaration as prescribed by
	Subsection (c).
	(b)  If the person appointed as administrator elects to take
	an oath under this section, the person shall take and subscribe an
	oath in substantially the following form:
	I do solemnly swear that ___________ (insert name of
	decedent), deceased, died _______ (insert "without leaving any
	lawful will" or "leaving a lawful will, but the executor named in
	the will is dead or has failed to offer the will for probate or to
	accept and qualify as executor, within the period required," as
	applicable), so far as I know or believe, and that I will well and
	truly perform all the duties of administrator of the estate of
	________ (insert name of testator) [the deceased].
	(c)  If the person appointed as administrator elects to make
	a declaration under this section, the person shall make and sign a
	declaration in substantially the following form:
	My name is ________ (insert name of administrator as it
	appears on the order appointing the person as administrator), my
	date of birth is ________ (insert date of birth of
	"administrator"), and my address is ________ (insert street, city,
	state, zip code, and country of "administrator"). I declare under
	penalty of perjury that ________ (insert name of decedent),
	deceased, died ________ (insert "without leaving any lawful will"
	or "leaving a lawful will, but the executor named in the will is
	dead or has failed to offer the will for probate or to accept and
	qualify as executor, within the period required," as applicable),
	so far as I know or believe. I also solemnly declare that I will well
	and truly perform all the duties of administrator of the estate of
	________ (insert name of decedent).
	SECTION 26.  Section 305.053, Estates Code, is amended to
	read as follows:
	Sec. 305.053.  OATH OR DECLARATION OF TEMPORARY
	ADMINISTRATOR. (a) Before the issuance of temporary letters of
	administration, the person appointed as temporary administrator
	shall:
	(1)  take and subscribe an oath as prescribed by
	Subsection (b); or
	(2)  make and sign a declaration as prescribed by
	Subsection (c).
	(b)  If the person appointed as temporary administrator
	elects to take an oath under this section, the person shall take and
	subscribe an oath in substantially the following form:
	I do solemnly swear that I will well and truly perform the
	duties of temporary administrator of the estate of __________
	(insert name of decedent), deceased, in accordance with the law,
	and with the order of the court appointing me as temporary
	administrator.
	(c)  If the person appointed as temporary administrator
	elects to make a declaration under this section, the person shall
	make and sign a declaration in substantially the following form:
	My name is _______ (insert name of temporary administrator as
	it appears on the order appointing the person as temporary
	administrator), my date of birth is _______ (insert date of birth of
	"temporary administrator"), and my address is _______ (insert
	street, city, state, zip code, and country of "temporary
	administrator"). I solemnly declare that I will well and truly
	perform all the duties of temporary administrator of the estate of
	_______ (insert name of decedent), in accordance with the law, and
	with the order of the court appointing me as temporary
	administrator.
	SECTION 27.  Section 305.055, Estates Code, is amended to
	read as follows:
	Sec. 305.055.  FILING AND RECORDING OF OATH OR
	DECLARATION.  An oath or declaration shall be:
	(1)  filed with the clerk of the court granting the
	letters testamentary or of administration, as applicable; and
	(2)  recorded in the judge's probate docket.
	SECTION 28.  Section 308.002(d), Estates Code, is amended to
	read as follows:
	(d)  The notice required by this section must be sent by a
	qualified delivery method [registered or certified mail, return
	receipt requested].
	SECTION 29.  Section 308.051(a), Estates Code, is amended to
	read as follows:
	(a)  Within one month after receiving letters testamentary
	or of administration, a personal representative of an estate shall
	provide notice requiring each person who has a claim against the
	estate to present the claim within the period prescribed by law by:
	(1)  having the notice published in a newspaper of
	general circulation in the county in which the letters were issued;
	and
	(2)  if the decedent remitted or should have remitted
	taxes administered by the comptroller, sending the notice to the
	comptroller by a qualified delivery method [certified or registered
	mail].
	SECTION 30.  Sections 308.053(c) and (d), Estates Code, are
	amended to read as follows:
	(c)  Notice provided under this section must be:
	(1)  sent by a qualified delivery method [certified or
	registered mail, return receipt requested]; and
	(2)  addressed to the record holder of the claim at the
	record holder's last known post office address.
	(d)  The following shall be filed with the clerk of the court
	in which the letters testamentary or of administration were issued:
	(1)  a copy of each notice and of each return receipt or
	other proof of delivery receipt; and
	(2)  the personal representative's affidavit stating:
	(A)  that the notice was sent [mailed] as required
	by law; and
	(B)  the name of the person to whom the notice was
	sent [mailed], if that name is not shown on the notice or receipt.
	SECTION 31.  Section 308.054(a), Estates Code, is amended to
	read as follows:
	(a)  At any time before an estate administration is closed, a
	personal representative may give notice by a qualified delivery
	method [certified or registered mail, return receipt requested,] to
	an unsecured creditor who has a claim for money against the estate.
	SECTION 32.  Section 356.105(a), Estates Code, is amended to
	read as follows:
	(a)  A successful bid or contract for the sale of estate
	personal property shall be reported to the court.  The laws
	regulating the approval or disapproval of a sale of real estate
	apply to the sale, except that a conveyance is not required.
	SECTION 33.  Section 356.654(b), Estates Code, is amended to
	read as follows:
	(b)  Before purchasing estate property as authorized by
	Subsection (a), the personal representative shall give notice of
	the purchase by a qualified delivery method [certified mail, return
	receipt requested], unless the court requires another form of
	notice, to:
	(1)  each distributee of the estate; and
	(2)  each creditor whose claim remains unsettled after
	being presented within six months of the date letters testamentary
	or of administration are originally granted.
	SECTION 34.  Section 361.052(b), Estates Code, is amended to
	read as follows:
	(b)  If a personal representative, as executor or
	administrator, fails to timely file the affidavit or certificate
	required by Section 308.004, the court, on the court's own motion,
	may remove the personal representative after providing 30 days'
	written notice to the personal representative to answer at a time
	and place set in the notice, by a qualified delivery method
	[certified mail, return receipt requested,] to:
	(1)  the representative's last known address; and
	(2)  the last known address of the representative's
	attorney of record.
	SECTION 35.  Sections 362.005(b) and (c), Estates Code, are
	amended to read as follows:
	(b)  Citation issued under Subsection (a) must:
	(1)  contain:
	(A)  a statement that an account for final
	settlement has been presented;
	(B)  the time and place the court will consider
	the account; and
	(C)  a statement requiring the person cited to
	appear and contest the account, if the person wishes to contest the
	account; and
	(2)  be given to each heir or distributee of the
	decedent by a qualified delivery method [certified mail, return
	receipt requested,] unless the court by written order directs
	another method of service to be given.
	(c)  The personal representative shall also provide to each
	person entitled to citation under Subsection (b) a copy of the
	account for final settlement either by:
	(1)  a qualified delivery method [certified mail,
	return receipt requested]; or
	(2)  electronic delivery, including facsimile or
	e-mail.
	SECTION 36.  Section 403.056(a), Estates Code, is amended to
	read as follows:
	(a)  Notice to the independent executor required by Sections
	403.052 and 403.055 must be contained in:
	(1)  a written instrument that complies with Section
	355.004 and is sent by a qualified delivery method [hand-delivered
	with proof of receipt, or mailed by certified mail, return receipt
	requested with proof of receipt,] to the independent executor or
	the executor's attorney;
	(2)  a pleading filed in a lawsuit with respect to the
	claim; or
	(3)  a written instrument that complies with Section
	355.004 or a pleading filed in the court in which the administration
	of the estate is pending.
	SECTION 37.  Section 404.0035(a), Estates Code, is amended
	to read as follows:
	(a)  The probate court, on the court's own motion, may remove
	an independent executor appointed under this subtitle after
	providing 30 days' written notice of the court's intention to the
	independent executor, requiring answering at a time and place set
	in the notice, by a qualified delivery method [certified mail,
	return receipt requested], to the independent executor's last known
	address and to the last known address of the independent executor's
	attorney of record, if the independent executor:
	(1)  neglects to qualify in the manner and time
	required by law;
	(2)  fails to return, before the 91st day after the date
	the independent executor qualifies, either an inventory of the
	estate property and a list of claims that have come to the
	independent executor's knowledge or an affidavit in lieu of the
	inventory, appraisement, and list of claims, unless that deadline
	is extended by court order; or
	(3)  fails to timely file the affidavit or certificate
	required by Section 308.004.
	SECTION 38.  Section 452.006(a), Estates Code, is amended to
	read as follows:
	(a)  On the date the county clerk issues letters of temporary
	administration:
	(1)  the county clerk shall post on the courthouse door
	a notice of the appointment to all interested persons; and
	(2)  the appointee shall notify, by a qualified
	delivery method [certified mail, return receipt requested], the
	decedent's known heirs of the appointment.
	SECTION 39.  Section 453.003(a), Estates Code, is amended to
	read as follows:
	(a)  If there is no qualified executor or administrator of a
	deceased spouse's estate, the surviving spouse, as the surviving
	partner of the marital partnership, may:
	(1)  sue and be sued to recover community property;
	(2)  sell, mortgage, lease, and otherwise dispose of
	community property to pay community debts, for which a portion of
	community property is liable for payment;
	(3)  collect claims due to the community estate; and
	(4)  exercise other powers as necessary to:
	(A)  preserve the community property;
	(B)  discharge community obligations, for which a
	portion of community property is liable for payment; and
	(C)  wind up community affairs.
	SECTION 40.  Section 453.006, Estates Code, is amended to
	read as follows:
	Sec. 453.006.  ACCOUNT OF [COMMUNITY] DEBTS AND DISPOSITION
	OF COMMUNITY PROPERTY. (a) The surviving spouse shall keep a fair
	and full account and statement of:
	(1)  all [community] debts and expenses paid by the
	surviving spouse; and
	(2)  the disposition made of the community property.
	(b)  The surviving spouse or personal representative shall
	keep a separate, distinct account of all [community] debts allowed
	or paid in the administration and settlement of an estate described
	by Section 101.052 [
	Sections 101.052(a) and (b)].
	SECTION 41.  Section 453.007, Estates Code, is amended to
	read as follows:
	Sec. 453.007.  DELIVERY OF COMMUNITY ESTATE ON FINAL
	PARTITION. On final partition of the community estate, the
	surviving spouse shall deliver to the deceased spouse's heirs or
	devisees their interest in the estate, and the increase in and
	profits of the interest, after deducting from the interest:
	(1)  the proportion of the [community] debts chargeable
	to the interest;
	(2)  unavoidable losses;
	(3)  necessary and reasonable expenses; and
	(4)  a reasonable commission for the management of the
	interest.
	SECTION 42.  The heading to Section 453.009, Estates Code,
	is amended to read as follows:
	Sec. 453.009.  DISTRIBUTION OF POWERS BETWEEN PERSONAL
	REPRESENTATIVE AND SURVIVING SPOUSE DURING ADMINISTRATION.
	SECTION 43.  Section 453.009(b), Estates Code, is amended to
	read as follows:
	(b)  During administration of a deceased spouse's estate,
	the [The] surviving spouse, as surviving partner of the marital
	partnership, is entitled to:
	(1)  retain possession and control of the community
	property that was legally under the sole management of the
	surviving spouse during the marriage; and
	(2)  exercise over that property any power this chapter
	authorizes the surviving spouse to exercise as if there is no
	administration pending on the deceased spouse's estate.
	SECTION 44.  Section 501.003(b), Estates Code, is amended to
	read as follows:
	(b)  For an application described by Section 501.002(b), a
	citation shall be issued and served by a qualified delivery method
	[registered or certified mail] on each devisee and heir identified
	in the application.
	SECTION 45.  Section 505.005(a), Estates Code, is amended to
	read as follows:
	(a)  On receipt of a notice or process described by Section
	505.004(a)(2), the secretary of state shall promptly forward the
	notice or process by a qualified delivery method [registered or
	certified mail] to the officer, agent, or other person designated
	by the foreign corporate fiduciary under Section 505.004 to receive
	the notice or process.
	SECTION 46.  Section 505.101(a), Estates Code, is amended to
	read as follows:
	(a)  On giving notice by a qualified delivery method
	[registered or certified mail] to all creditors of a decedent in
	this state who have filed a claim against the decedent's estate for
	a debt due to the creditor, a foreign executor or administrator of a
	person who was a nonresident at the time of death may maintain a
	suit in this state for the recovery of debts due to the decedent.
	SECTION 47.  Section 551.005(b), Estates Code, is amended to
	read as follows:
	(b)  The clerk of a court that orders an executor or
	administrator to pay funds to the comptroller under Section 551.001
	shall provide to the comptroller, by a qualified delivery method
	[certified mail] or e-mail, a certified copy of the court order not
	later than the fifth day after the date the order is issued.
	SECTION 48.  Sections 51.052(b), (c), (d), (e), (f), and
	(g), 51.055(a), 51.056, 51.103(b), 56.002(b), 113.251(c), 202.051,
	202.203, 305.001, 305.002, 305.003, 305.051, 305.052, 305.053,
	305.055, 308.002(d), 308.051(a), 308.053(c) and (d), 308.054(a),
	356.654(b), 361.052(b), 362.005(b) and (c), 403.056(a),
	404.0035(a), 452.006(a), 501.003(b), 505.005(a), 505.101(a), and
	551.005(b), Estates Code, as amended by this Act, apply only to an
	action filed or proceeding commenced on or after the effective date
	of this Act.
	SECTION 49.  The amendments of this Act to Sections 101.052,
	202.005, 202.151(b) and (c), 251.053, 356.105(a), 453.003(a),
	453.006, 453.007, and 453.009, Estates Code, are intended to
	clarify rather than change existing law.
	SECTION 50.  Section 113.001, Estates Code, as amended by
	this Act, applies to an account established before, on, or after the
	effective date of this Act.
	SECTION 51.  Section 113.251(c), Estates Code, as amended by
	this Act, applies only to multiple-party accounts created or
	existing on or after the effective date of this Act.
	SECTION 52.  Section 202.056, Estates Code, as amended by
	this Act, applies only to a proceeding to declare heirship
	commenced on or after the effective date of this Act. A proceeding
	to declare heirship commenced before that date is governed by the
	law in effect on the date the proceeding was commenced, and the
	former law is continued in effect for that purpose.
	SECTION 53.  Section 202.151(d), Estates Code, as added by
	this Act, applies only to a proceeding to declare heirship
	commenced on or after the effective date of this Act.  A proceeding
	to declare heirship commenced before that date is governed by the
	law in effect on the date the proceeding was commenced, and the
	former law is continued in effect for that purpose.
	SECTION 54.  Sections 258.002(d) and (e), Estates Code, as
	added by this Act, apply only to an application for the probate of a
	will filed on or after the effective date of this Act. An
	application for the probate of a will filed before that date is
	governed by the law in effect on the date the application was filed,
	and the former law is continued in effect for that purpose.
	SECTION 55.  Section 304.003, Estates Code, as amended by
	this Act, applies only to an application for letters testamentary
	or for letters of administration filed on or after the effective
	date of this Act. An application for letters testamentary or for
	letters of administration filed before the effective date of this
	Act is governed by the law in effect on the date the application was
	filed, and the former law is continued in effect for that purpose.
	SECTION 56.  This Act takes effect September 1, 2023.