83R3755 MTB-D
	By: Thompson of Harris	H.B. No. 2916

	A BILL TO BE ENTITLED
	AN ACT
	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[:
	[(1)     petitions the court for a determination of right
	of inheritance as authorized by Section 201.052(c); and
	[(2)]  claims[:
	[(A)]  to be a biological child of the decedent or
	claims[, but with respect to whom a parent-child relationship with
	the decedent was not established as provided by Section 160.201,
	Family Code; or
	[(B)]  to inherit through a biological child of
	the decedent[, if a parent-child relationship between the
	individual through whom the inheritance is claimed and the decedent
	was not established as provided by Section 160.201, Family Code].
	Sec. 204.152.  PRESUMPTION; [REQUIRED FINDINGS IN ABSENCE
	OF] REBUTTAL [EVIDENCE]. The presumption under Section 160.505,
	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. [Unless the results of genetic testing of another individual
	who is an heir of the decedent who is the subject of a proceeding to
	declare heirship to which this subchapter applies are admitted as
	rebuttal evidence, the court shall find that the individual
	described by Section 204.151:
	[(1)     is an heir of the decedent, if the results of
	genetic testing ordered under Subchapter B identify a tested
	individual who is an heir of the decedent as the ancestor of the
	individual described by Section 204.151; or
	[(2)     is not an heir of the decedent, if the results of
	genetic testing ordered under Subchapter B exclude a tested
	individual who is an heir of the decedent as the ancestor of the
	individual described by Section 204.151.]
	SECTION 3.  Section 304.001(c), Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	(c)  If persons [applicants for letters testamentary or of
	administration] are equally entitled to letters testamentary or of
	administration [the letters], the court:
	(1)  shall grant the letters to the person [applicant]
	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 [applicants].
	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) [Subsections (c) and (d)].
	(b)  Citation issued under Subsection (a) must:
	(1)  contain:
	(A) [(1)]  a statement that an account for final
	settlement has been presented;
	(B) [(2)]  the time and place the court will
	consider the account; [and]
	(C) [(3)]  a statement requiring the person cited
	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[.
	[(c)  The personal representative shall give notice] to each
	heir or beneficiary of the decedent by certified mail, return
	receipt requested, unless the court by written order directs
	another method of service [type of notice] to be given[.   The notice
	must include a copy of the account for final settlement].
	(c) [(d)]  The court by written order shall require
	additional notice if the court considers the additional notice
	necessary.
	(d) [(e)]  The court may allow the waiver of citation
	[notice] of an account for final settlement in a proceeding
	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.