2011 Bills

2011 Legislation

The 82nd Texas Legislature ended its regular session May 30, 2011. All probate, guardianship and trust bills passed during the session have been signed by the Governor, and most become effective September 1, 2011. One bill in the first called session (SB 1) contains guardianship changes and, as of July 8, 2011, was awaiting the Governor's signature. Each bill affecting probate, guardianship and trust law is listed below. Click here to search for a particular bill, or use the list of topics and key words to the right to find legislation.

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All bills are labeled "Awaiting Governor's Signature," "Enacted," or "Did Not Pass."

Entries in Woolley (1)


x-Did Not Pass: HB 1934 -- Attorneys' fees of beneficiary in will contest

Caption: Relating to an allowance from a decedent's estate for devisees in and beneficiaries of a will who defend and prosecute certain proceedings relating to the will.
Author: Woolley
Bill History
Bill Text

Relevance: If HB 1934 passes, a beneficiary in a will contest must be successful in that litigation in order to be eligible to have his or her attorneys' fees paid from the decedent's estate. Currently, Texas Probate Code Section 243 permits the court to award attorneys' fees to an beneficiary who acts in good faith and with just cause whether successful or not.