Bill Text: TX SB156 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the transfer of certain probate proceedings to the county in which the executor or administrator of a decedent's estate resides and to the jurisdiction of the transferee court.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-20 - Committee report sent to Calendars [SB156 Detail]
Download: Texas-2021-SB156-Comm_Sub.html
| 87R16049 CLG-F | ||
| By: Perry | S.B. No. 156 | |
| (Murr) | ||
| Substitute the following for S.B. No. 156: No. | ||
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| relating to the transfer of certain probate proceedings to the | ||
| county in which the executor or administrator of a decedent's | ||
| estate resides and to the jurisdiction of the transferee court. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 33, Estates Code, is | ||
| amended by adding Section 33.1011 to read as follows: | ||
| Sec. 33.1011. TRANSFER TO COUNTY IN WHICH EXECUTOR OR | ||
| ADMINISTRATOR RESIDES. (a) In this section, "immediate family | ||
| member" means a person's parent, spouse, child, or sibling. | ||
| (b) After issuing letters testamentary or of administration | ||
| to the executor or administrator of an estate in a probate | ||
| proceeding, the court, on motion of the executor or administrator, | ||
| may order that the proceeding be transferred to another county in | ||
| this state in which the executor or administrator resides if no | ||
| immediate family member of the decedent resides in the same county | ||
| in which the decedent resided. | ||
| (c) The clerk of the court from which the probate proceeding | ||
| described by Subsection (b) is transferred shall transmit to the | ||
| court to which the proceeding is transferred: | ||
| (1) the original file in the proceeding; and | ||
| (2) a certified copy of the index. | ||
| (d) Notwithstanding the date of any transfer under this | ||
| section, the executor or administrator shall provide the notice | ||
| required by Section 308.051 in the county of the court that | ||
| originally issued the letters testamentary or of administration. | ||
| (e) Notwithstanding any other law, including Sections | ||
| 33.003 and 34.001, the court to which the probate proceeding is | ||
| transferred does not have jurisdiction over any personal injury, | ||
| wrongful death, or survival action brought by or against the | ||
| personal representative or otherwise related to the transferred | ||
| proceeding. | ||
| SECTION 2. Section 33.1011, Estates Code, as added by this | ||
| Act, applies 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, 2021. | ||
