Bill Text: TX HB789 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the allowance in lieu of exempt property in the administration of a decedent's estate.
Sponsorship: Bipartisan Bill
Status: (Passed) 2013-06-14 - See remarks for effective date [HB789 Detail]
Download: Texas-2013-HB789-Enrolled.html
| H.B. No. 789 | ||
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| relating to the allowance in lieu of exempt property in the | ||
| administration of a decedent's estate. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. CHANGES TO TEXAS PROBATE CODE | ||
| SECTION 1.01. Section 273, Texas Probate Code, is amended | ||
| to read as follows: | ||
| Sec. 273. ALLOWANCE IN LIEU OF EXEMPT PROPERTY. In case | ||
| there should not be among the effects of the deceased all or any of | ||
| the specific articles exempted from execution or forced sale by the | ||
| Constitution and laws of this state, the court shall make a | ||
| reasonable allowance in lieu thereof, to be paid to such surviving | ||
| spouse and children, or such of them as there are, as hereinafter | ||
| provided. The allowance in lieu of a homestead shall in no case | ||
| exceed $45,000 [ |
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| property shall in no case exceed $30,000 [ |
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| allowance for the support of the surviving spouse, minor children, | ||
| and adult incapacitated children which is hereinafter provided for. | ||
| SECTION 1.02. The changes in law made by this article to | ||
| Section 273, Texas Probate Code, 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. | ||
| ARTICLE 2. CHANGES TO ESTATES CODE | ||
| SECTION 2.01. Section 353.053(b), Estates Code, as | ||
| effective January 1, 2014, is amended to read as follows: | ||
| (b) The allowance in lieu of a homestead may not exceed | ||
| $45,000 [ |
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| property may not exceed $30,000 [ |
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| allowance for the support of the surviving spouse, minor children, | ||
| and adult incapacitated children provided by Subchapter C. | ||
| SECTION 2.02. Section 273, Texas Probate Code, as amended | ||
| by Article 1 of this Act, is repealed. | ||
| SECTION 2.03. This article takes effect January 1, 2014. | ||
| ARTICLE 3. EFFECTIVE DATE | ||
| SECTION 3.01. Except as otherwise provided by this Act, | ||
| this Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 789 was passed by the House on April | ||
| 11, 2013, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 789 was passed by the Senate on May | ||
| 21, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
