Bill Text: TX HB2916 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to decedents' estates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-19 - Referred to Judiciary & Civil Jurisprudence [HB2916 Detail]
Download: Texas-2013-HB2916-Introduced.html
83R3755 MTB-D | ||
By: Thompson of Harris | H.B. No. 2916 |
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relating to decedents' estates. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 202, Estates Code, as | ||
effective January 1, 2014, is amended by adding Section 202.0025 to | ||
read as follows: | ||
Sec. 202.0025. ACTION BROUGHT AFTER DECEDENT'S DEATH. | ||
Notwithstanding Section 16.051, Civil Practice and Remedies Code, a | ||
proceeding to declare heirship of a decedent may be brought at any | ||
time after the decedent's death. | ||
SECTION 2. Sections 204.151 and 204.152, Estates Code, as | ||
effective January 1, 2014, are amended to read as follows: | ||
Sec. 204.151. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies in a proceeding to declare heirship of a decedent only with | ||
respect to an individual who[ |
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claims[ |
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the decedent[ |
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Sec. 204.152. PRESUMPTION; [ |
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Family Code, that applies in establishing a parent-child | ||
relationship also applies in determining heirship in the probate | ||
court using the results of genetic testing ordered with respect to | ||
an individual described by Section 204.151, and the presumption may | ||
be rebutted in the same manner provided by Section 160.505, Family | ||
Code. [ |
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SECTION 3. Section 304.001(c), Estates Code, as effective | ||
January 1, 2014, is amended to read as follows: | ||
(c) If persons [ |
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administration [ |
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(1) shall grant the letters to the person [ |
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who, in the judgment of the court, is most likely to administer the | ||
estate advantageously; or | ||
(2) may grant the letters to two or more of those | ||
persons [ |
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SECTION 4. Subchapter B, Chapter 309, Estates Code, as | ||
effective January 1, 2014, is amended by adding Section 309.057 to | ||
read as follows: | ||
Sec. 309.057. PENALTY FOR FAILURE TO TIMELY FILE INVENTORY, | ||
APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF. (a) This | ||
section applies only to a personal representative, including an | ||
independent executor or administrator, who does not file an | ||
inventory, appraisement, and list of claims or affidavit in lieu of | ||
the inventory, appraisement, and list of claims, as applicable, | ||
within the period prescribed by Section 309.051 or any extension | ||
granted by the court. | ||
(b) Any person interested in the estate on written | ||
complaint, or the court on the court's own motion, may have a | ||
personal representative to whom this section applies cited to file | ||
the inventory, appraisement, and list of claims or affidavit in | ||
lieu of the inventory, appraisement, and list of claims, as | ||
applicable, and show cause for the failure to timely file. | ||
(c) If the personal representative does not file the | ||
inventory, appraisement, and list of claims or affidavit in lieu of | ||
the inventory, appraisement, and list of claims, as applicable, | ||
after being cited or does not show good cause for the failure to | ||
timely file, the court on hearing may fine the representative in an | ||
amount not to exceed $1,000. | ||
(d) The personal representative and the representative's | ||
sureties, if any, are liable for any fine imposed under this section | ||
and for all damages and costs sustained by the representative's | ||
failure. The fine, damages, and costs may be recovered in any court | ||
of competent jurisdiction. | ||
SECTION 5. Section 362.005, Estates Code, as effective | ||
January 1, 2014, is amended to read as follows: | ||
Sec. 362.005. CITATION AND NOTICE ON PRESENTATION OF | ||
ACCOUNT. (a) On the presentation of an account for final settlement | ||
by a temporary or permanent personal representative, the county | ||
clerk shall issue citation to the persons and in the manner provided | ||
by Subsection (b) [ |
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(b) Citation issued under Subsection (a) must: | ||
(1) contain: | ||
(A) [ |
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settlement has been presented; | ||
(B) [ |
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consider the account; [ |
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(C) [ |
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to appear and contest the account, if the person wishes to contest | ||
the account; and | ||
(D) a copy of the account for final settlement; | ||
and | ||
(2) be given[ |
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heir or beneficiary of the decedent by certified mail, return | ||
receipt requested, unless the court by written order directs | ||
another method of service [ |
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(c) [ |
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additional notice if the court considers the additional notice | ||
necessary. | ||
(d) [ |
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concerning a decedent's estate. | ||
SECTION 6. Section 362.011, Estates Code, as effective | ||
January 1, 2014, is amended to read as follows: | ||
Sec. 362.011. PARTITION AND DISTRIBUTION OF ESTATE; DEPOSIT | ||
IN COURT'S REGISTRY. (a) If, on final settlement of an estate, any | ||
of the estate remains in the personal representative's possession, | ||
the court shall order that a partition and distribution be made | ||
among the persons entitled to receive that part of the estate. | ||
(b) The court shall order the personal representative to | ||
deposit in an account in the court's registry any remaining estate | ||
property that is money and to which a person who is unknown or | ||
missing is entitled. In addition, the court shall order the | ||
representative to sell, on terms the court determines are best, | ||
remaining estate property that is not money and to which a person | ||
who is unknown or missing is entitled. The court shall order the | ||
representative to deposit the sale proceeds in an account in the | ||
court's registry. The court shall hold money deposited in an | ||
account under this subsection until the court renders: | ||
(1) an order requiring money in the account to be paid | ||
to the previously unknown or missing person who is entitled to the | ||
money; or | ||
(2) another order regarding the disposition of the | ||
money. | ||
SECTION 7. Section 551.001(a), Estates Code, as effective | ||
January 1, 2014, is amended to read as follows: | ||
(a) The court, by written order, shall require the executor | ||
or administrator of an estate to pay to the comptroller as provided | ||
by this subchapter the share of that estate of a person entitled to | ||
that share who does not demand the share, including any portion | ||
deposited in an account in the court's registry under Section | ||
362.011(b), from the executor or administrator within six months | ||
after the date of, as applicable: | ||
(1) a court order approving the report of the | ||
commissioners of partition made under Section 360.154; or | ||
(2) the settlement of the final account of the | ||
executor or administrator. | ||
SECTION 8. (a) Except as otherwise provided by this | ||
section, the changes in law made by this Act apply to the estate of a | ||
decedent that is pending or commenced on or after January 1, 2014, | ||
regardless of the date of the decedent's death. | ||
(b) The changes in law made by this Act to Sections 204.151 | ||
and 204.152, Estates Code, apply only to a proceeding to declare | ||
heirship commenced on or after January 1, 2014. 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. | ||
(c) The changes in law made by this Act to Section | ||
304.001(c), Estates Code, apply only to an application for the | ||
grant of letters testamentary or of administration of a decedent's | ||
estate filed on or after January 1, 2014. An application for the | ||
grant of letters testamentary or of administration of a decedent's | ||
estate 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 9. This Act takes effect January 1, 2014. |