Bill Text: TX HB3160 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to an exception to the period of filing an application for the grant of letters testamentary or of administration of a decedent's estate.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2015-06-16 - Effective on 9/1/15 [HB3160 Detail]
Download: Texas-2015-HB3160-Enrolled.html
H.B. No. 3160 |
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relating to an exception to the period of filing an application for | ||
the grant of letters testamentary or of administration of a | ||
decedent's estate. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 301.002(b), Estates Code, is amended to | ||
read as follows: | ||
(b) This section does not apply if administration is | ||
necessary to: | ||
(1) receive or recover property due a decedent's | ||
estate; or | ||
(2) prevent real property in a decedent's estate from | ||
becoming a danger to the health, safety, or welfare of the general | ||
public and the applicant for the issuance of letters testamentary | ||
or of administration is a home-rule municipality that is a creditor | ||
of the estate. | ||
SECTION 2. Section 301.151, Estates Code, is amended to | ||
read as follows: | ||
Sec. 301.151. GENERAL PROOF REQUIREMENTS. An applicant for | ||
the issuance of letters testamentary or of administration of an | ||
estate must prove to the court's satisfaction that: | ||
(1) the person whose estate is the subject of the | ||
application is dead; | ||
(2) except as provided by Section 301.002(b)(2), four | ||
years have not elapsed since the date of the decedent's death and | ||
before the application; | ||
(3) the court has jurisdiction and venue over the | ||
estate; | ||
(4) citation has been served and returned in the | ||
manner and for the period required by this title; and | ||
(5) the person for whom letters testamentary or of | ||
administration are sought is entitled by law to the letters and is | ||
not disqualified. | ||
SECTION 3. Section 306.002(c), Estates Code, is amended to | ||
read as follows: | ||
(c) The court may find other instances of necessity for an | ||
administration based on proof before the court, but a necessity is | ||
considered to exist if: | ||
(1) there are two or more debts against the estate; | ||
(2) there is a desire for the county court to partition | ||
the estate among the distributees; [ |
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(3) the administration is necessary to receive or | ||
recover funds or other property due the estate; or | ||
(4) the administration is necessary to prevent real | ||
property in a decedent's estate from becoming a danger to the | ||
health, safety, or welfare of the general public. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
an application for the grant of letters testamentary or of | ||
administration of a decedent's estate filed on or after the | ||
effective date of this Act. An application for the grant of letters | ||
testamentary or of administration of a decedent's estate 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 5. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3160 was passed by the House on May 8, | ||
2015, by the following vote: Yeas 140, Nays 2, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3160 was passed by the Senate on May | ||
23, 2015, by the following vote: Yeas 29, Nays 2. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |