Bill Text: TX SB1839 | 2025-2026 | 89th Legislature | Enrolled

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Bill Title: Relating to the delivery of records, including a will, in probate proceedings transferred to other courts.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2025-06-20 - Effective on 9/1/25 [SB1839 Detail]

Download: Texas-2025-SB1839-Enrolled.html

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S.B. No. 1839

AN ACT
relating to the delivery of records, including a will, in probate
proceedings transferred to other courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.105, Estates Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) If a probate proceeding is transferred to a court in
another county under this chapter, the clerk of the transferring
court shall send to the clerk of the court to which the proceeding
is transferred:
(1) [,] using the electronic filing system established
under Section 72.031, Government Code:
(A) [(1)] a transfer certificate and index of
transferred documents;
(B) [(2)] a copy of each final order;
(C) [(3)] a copy of the order of transfer signed
by the transferring court;
(D) [(4)] a copy of the original papers filed in
the transferring court[, including a copy of any will];
(E) [(5)] a copy of the transfer certificate and
index of transferred documents from each previous transfer; and
(F) [(6)] a bill of any costs accrued in the
transferring court; and
(2) by a qualified delivery method, the original will,
or the paper copy of the will offered under Section 256.156 to prove
a will that cannot be produced in court, as applicable.
(a-1) If applicable, the applicant who requested to
transfer a probate proceeding shall pay the cost of delivery under
Subsection (a)(2).
SECTION 2. Section 33.105, Estates Code, as amended by this
Act, applies to a proceeding that is pending or commenced on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1839 passed the Senate on
April 16, 2025, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1839 passed the House on
May 24, 2025, by the following vote: Yeas 136, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor