Bill Text: TX SB2249 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to decedents' estates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-22 - Referred to Jurisprudence [SB2249 Detail]

Download: Texas-2023-SB2249-Introduced.html
  88R9707 EAS-F
 
  By: Zaffirini S.B. No. 2249
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to decedents' estates.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 306.007, Estates Code, is amended to
  read as follows:
         Sec. 306.007.  EFFECT OF LETTERS [OR CERTIFICATE]. Letters
  testamentary or of administration issued under the court's seal by
  [or a certificate of] the clerk of the court that granted the
  letters are[, under the court's seal, indicating that the letters
  have been issued, is] sufficient evidence of:
               (1)  the appointment and qualification of the personal
  representative of an estate; and
               (2)  the date of qualification.
         SECTION 2.  Section 361.052, Estates Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The court may remove a personal representative as
  provided by Subsection (a-1) [on the court's own motion, or on the
  complaint of any interested person, after the representative has
  been cited by personal service to answer at a time and place set in
  the notice,] if:
               (1)  sufficient grounds appear to support a belief that
  the representative has misapplied, embezzled, or removed from the
  state, or is about to misapply, embezzle, or remove from the state,
  all or part of the property entrusted to the representative's care;
               (2)  the representative fails to return any account
  required by law to be made;
               (3)  the representative fails to obey a proper order of
  the court that has jurisdiction with respect to the performance of
  the representative's duties;
               (4)  the representative is proved to have been guilty
  of gross misconduct, or mismanagement in the performance of the
  representative's duties;
               (5)  the representative:
                     (A)  becomes incapacitated;
                     (B)  is sentenced to the penitentiary; or
                     (C)  from any other cause, becomes incapable of
  properly performing the duties of the representative's trust; or
               (6)  the representative, as executor or administrator,
  fails to make a final settlement by the third anniversary of the
  date letters testamentary or of administration are granted, unless
  that period is extended by the court on a showing of sufficient
  cause supported by oath.
         (a-1)  The court may remove a personal representative for a
  reason described by Subsection (a) on:
               (1)  the court's own motion, after the personal
  representative has been notified by certified mail, return receipt
  requested, to answer at a time and place set in the notice; or
               (2)  the complaint of an interested person, after the
  personal representative has been cited by personal service to
  answer at a time and place set in the notice.
         SECTION 3.  Section 362.012, Estates Code, is amended to
  read as follows:
         Sec. 362.012.  DISCHARGE OF PERSONAL REPRESENTATIVE AND BOND
  SURETIES WHEN NO ESTATE PROPERTY REMAINS; CANCELLATION OF LETTERS.
  If, on final settlement of the estate, none of the estate remains in
  the representative's possession, the [The] court shall enter an
  order:
               (1)  discharging a personal representative from the
  representative's trust;
               (2)  canceling the letters issued to the personal
  representative;
               (3)  discharging and releasing the sureties on the
  personal representative's bond, if applicable; and
               (4)  closing the estate [if, on final settlement of the
  estate, none of the estate remains in the representative's
  possession].
         SECTION 4.  Section 362.013, Estates Code, is amended to
  read as follows:
         Sec. 362.013.  DISCHARGE OF PERSONAL REPRESENTATIVE AND BOND
  SURETIES WHEN ESTATE FULLY ADMINISTERED; CANCELLATION OF LETTERS.
  (a) The court shall enter an order specifying the actions described
  by Sections 362.012(1), (2), and (3) [discharging a personal
  representative from the representative's trust] and declaring the
  estate closed when:
               (1)  the representative has fully administered the
  estate in accordance with this title and the court's orders;
               (2)  the representative's account for final settlement
  has been approved; and
               (3)  the representative has:
                     (A)  delivered all of the estate remaining in the
  representative's possession to the person or persons entitled to
  receive that part of the estate; and
                     (B)  with respect to the portion of the estate
  distributable to an unknown or missing person, complied with an
  order of the court under Section 362.011.
         SECTION 5.  Section 405.001(c), Estates Code, is amended to
  read as follows:
         (c)  If all the property in the estate is ordered distributed
  by the court and the estate is fully administered, the court may
  also order the independent executor to file a final account with the
  court and may enter an order closing the administration, canceling
  the letters issued to the personal representative, and terminating
  the power of the personal representative [independent executor] to
  act as independent executor or independent administrator.
         SECTION 6.  Section 405.007(b), Estates Code, is amended to
  read as follows:
         (b)  The closing of an independent administration by filing
  of a closing report or notice of closing estate terminates the power
  and authority of the independent executor, including the
  independent administrator, and cancels the letters issued to the
  personal representative, but does not relieve the independent
  executor or administrator, as applicable, from liability for any
  mismanagement of the estate or from liability for any false
  statements contained in the report or notice.
         SECTION 7.  Section 405.009(a), Estates Code, is amended to
  read as follows:
         (a)  At any time after an estate has been fully administered
  and there is no further need for an independent administration of
  the estate, any distributee may file an application to close the
  administration; and, after citation on the independent
  administrator or other independent executor, as applicable, and on
  hearing, the court may enter an order:
               (1)  requiring the independent executor to file a
  closing report meeting the requirements of Section 405.005;
               (2)  closing the administration;
               (3)  terminating the power of the personal
  representative [independent executor] to act as independent
  executor or administrator, as applicable, and canceling the letters
  issued to the personal representative; and
               (4)  releasing the sureties on any bond the independent
  executor, including the independent administrator, was required to
  give from all liability for the future acts of the principal.
         SECTION 8.  Section 361.052, Estates Code, as amended by
  this Act, applies only to a motion made by a court or a complaint
  made by an interested person on or after the effective date of this
  Act. A motion made by a court or a complaint made by an interested
  person before the effective date of this Act is governed by the law
  in effect on the date the motion or complaint was made, and the
  former law is continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2023.
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