Bill Text: TX HB3330 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the inventory and appraisement requirement of personal representatives of decedents' estates pending in a statutory probate court in Collin County.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-04-18 - Left pending in committee [HB3330 Detail]
Download: Texas-2011-HB3330-Introduced.html
| 82R4 CLG-F | ||
| By: Paxton | H.B. No. 3330 | |
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| relating to the inventory and appraisement requirement of personal | ||
| representatives of decedents' estates pending in a statutory | ||
| probate court in Collin County. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 25.0453, Government Code, is amended by | ||
| adding Subsections (g), (h), (i), (j), and (k) to read as follows: | ||
| (g) Notwithstanding Section 250, Texas Probate Code, the | ||
| judge of a statutory probate court may waive the requirement of the | ||
| personal representative of a decedent's estate to make and file an | ||
| inventory and appraisement of the estate: | ||
| (1) on proof that there are no unpaid debts owing by | ||
| the estate, excluding debts adequately secured by liens on the | ||
| property; and | ||
| (2) on receipt of the sworn written consent of: | ||
| (A) each beneficiary of the decedent's will and, | ||
| in the case of partial intestacy, each heir of the decedent; or | ||
| (B) each heir of the decedent, if the decedent | ||
| dies intestate. | ||
| (h) For purposes of Subsection (g)(1), proof that there are | ||
| no unpaid debts may be established by: | ||
| (1) an affidavit of the personal representative filed | ||
| with the court; | ||
| (2) the sworn testimony of the personal representative | ||
| before the court; or | ||
| (3) any other manner the judge may require. | ||
| (i) The judge of a statutory probate court who waives the | ||
| requirement of the filing of an inventory and appraisement under | ||
| Subsection (g) may reinstate that requirement at any time. A | ||
| beneficiary or heir who consents under Subsection (g)(2) may revoke | ||
| that consent at any time by serving notice of that intent on the | ||
| personal representative of the decedent's estate. The personal | ||
| representative shall then make and file an inventory and | ||
| appraisement in accordance with Section 250, Texas Probate Code, | ||
| not later than the 90th day after the date of receiving the notice. | ||
| (j) For purposes of Subsection (g)(2)(A), consent for the | ||
| waiver with respect to a beneficiary described by Section | ||
| 128A(c)(1), (2), or (3), Texas Probate Code, may be given by the | ||
| person designated to receive notice for the beneficiary under that | ||
| subdivision. | ||
| (k) In this section: | ||
| (1) "Beneficiary" has the meaning assigned by Section | ||
| 128A(a), Texas Probate Code. | ||
| (2) "Estate," "heirs," and "personal representative" | ||
| have the meanings assigned those terms by Section 3, Texas Probate | ||
| Code. | ||
| SECTION 2. Sections 25.0453(g)-(k), Government Code, as | ||
| added by this Act, apply only to the estate of a decedent who dies on | ||
| or after the effective date of this Act. The estate of a decedent | ||
| who dies before the effective date of this Act is governed by the | ||
| law in effect on the date of the decedent's death, and the former | ||
| law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
