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

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Bill Title: Relating to decedents' estates.

Sponsorship: Partisan Bill (Democrat 1)

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

Download: Texas-2023-SB2249-Introduced.html

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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.