x-Did Not Pass: HB 2899 -- Decedents' estates

Caption: Relating to decedents' estates.
Author: Hartnett
Bill History
Bill Text

Relevance: This bill makes multiple changes to the decedents' estates portion of the probate code, including repealing Section 29 of the Probate Code, which exempted executors and administrators from the requirement to file an appeal bond, clarifying that there is no statute of limitations for determining heirship, permitting unsecured creditors to initiate probate proceedings (secured creditors already were permitted to do so), prohibiting severance of dueling will applications (both applications must be heard together), tinkering with the notice requirements for removal of independent executors and addressing the disposition of property distributable from an estate to an unknown or missing person.

Enacted-Effective 9/1/11: SB 1368 -- Authority of co-owner to encumber homestead property without consent of other co-owners

Caption: Relating to the authority of a co-owner of residential property to encumber the property.
Author: West
Bill History
Bill Text

Relevance:  This bill allows a co-owner of residential property claimed as the co-owner's homestead to place a lien on the property in certain circumstances.  The debt secured by the lien would be solely the obligation of the co-owner, but other co-owners could not repudiate or disaffirm the lien. This bill is intended to permit a co-owner who has paid all of the taxes on a property to create a lien to improve or preserve that property without the consent of other co-owners. This could come in handy in the case of property passing by intestacy to multiple heirs where only one heir occupies the property. 

x-Did Not Pass: HB 2657 -- Changes to 2009 Estates Code recodification (decedents' estates)

Caption: Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature.
Author: King, Tracy O.
Bill History
Bill Text

Relevance: This is a catch-all bill prepared by the Legislative Council to make corrections to various codes and to make conforming changes caused by other 2009 legislation. For probate attorneys, the most significant provisions amend those portions of the new Estates Code that reflect changes to the old Probate Code made in 2009. These changes are supposed to be nonsubstantive. The new Estates Code becomes effective January 1, 2014. 

Enacted-Effective 9/1/11: SB 1303 -- Changes to 2009 Estates Code recodification (decedents' estates)

Caption: Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature to other Acts of that legislature.
Author: West
Bill History
Bill Text

Relevance: This is a catch-all bill prepared by the Legislative Council to make corrections to various codes and to make conforming changes caused by other 2009 legislation. For probate attorneys, the most significant provisions amend those portions of the new Estates Code that reflect changes to the old Probate Code made in 2009. These changes are supposed to be nonsubstantive. The new Estates Code becomes effective January 1, 2014. 

Enacted-Effective 9/1/11: HB 2492 -- Adding adult incapacitated children to family allowance, etc.

Caption: Relating to the family allowance, treatment of exempt property, and an allowance in lieu of exempt property in the administration of a decedent's estate.
Author: Naishtat
Bill History
Bill Text

Relevance:  HB 2492 would amend 12 sections of the Probate Code to add adult incapacitated children to the list of persons who may benefit from the family allowance, exempt property and allowance in lieu of exempt property.

Enacted-Effective 9/1/11: SB 1198 -- REPTL decedents' estates bill

Caption: Relating to decedents' estates.
Author: Rodriguez
Bill History
Bill Text

Relevance:  This omnibus bill is supported by the Real Estate, Probate and Trust Law Section of the State Bar of Texas. It makes multiple changes to the Texas Probate Code affecting the estates of decedents. It also makes parallel changes to the new Estates Code. Changes include:

• An option requiring only one signature of the testator and the witnesses on the will and self-proving affidavit (the old two-signature method still would be permitted). (Section 59)

• Changes to the independent administration provisions of the Probate Code in anticipation of enactment of the new Estates Code, including addressing technical issues like the power of sale and creditor claims. (Sections 145 -- 151)

• In independent administrations where there are no unpaid creditors, permitting the independent executor to deliver the inventory to the beneficiaries while filing an affidavit, not the inventory, with the court. (Section 250)

• Confirming that a right of survivorship will not be presumed from joint ownership or joint tenancy of multi-party accounts and community property, legislatively overruling part of Holmes v. Beatty, saying "a survivorship agreement will not be inferred from the mere fact that the account is a joint account or that the account is designated JT TEN, Joint Tenancy, joint or other similar abbreviation." (Sections 439 and 452)

See "REPTL decedents' estates bill is worth a closer look" on texasprobate.com.

See "REPTL bill tweaks independent administration" on texasprobate.com. 

x-Did Not Pass: HB 2046 -- REPTL decedents' estates bill

Caption: Relating to decedents' estates.

Author: Hartnett

Bill History

Bill Text

Relevance:  This omnibus bill is supported by the Real Estate, Probate and Trust Law Section of the State Bar of Texas. It makes multiple changes to the Texas Probate Code affecting the estates of decedents. It also makes parallel changes to the new Estates Code. Changes include:

•  An option requiring only one signature of the testator and the witnesses on the will and self-proving affidavit (the old two-signature method still would be permitted). (Section 59)

• Changes to the independent administration provisions of the Probate Code in anticipation of enactment of the new Estates Code, including addressing technical issues like the power of sale and creditor claims. (Sections 145 -- 151)

• In independent administrations where there are no unpaid creditors, permitting the independent executor to deliver the inventory to the beneficiaries while filing an affidavit, not the inventory, with the court. (Section 250)

• Changing the 5% of amounts collected/5% of certain payments method of determining the compensation of personal representatives to a "reasonable compensation" standard. (Section 241)

• Confirming that a right of survivorship will not be presumed from joint ownership or joint tenancy of multi-party accounts and community property, legislatively overruling part of Holmes v. Beatty, saying "a survivorship agreement will not be inferred from the mere fact that the account is a joint account or that the account is designated JT TEN, Joint Tenancy, joint or other similar abbreviation." (Sections 439 and 452)

See "REPTL decedents' estates bill is worth a closer look" on texasprobate.com.

See "REPTL bill tweaks independent administration" on texasprobate.com. 

x-Did Not Pass: HB 2095 -- Genetic testing in heirships

Caption: Relating to genetic testing in certain proceedings to declare heirship.
Author: Thompson
Bill History
Bill Text

Relevance: This bill would amend Section 53C of the Probate Code to provide that the presumption under Section 160.505 of the Family Code would apply in determining heirship if genetic testing is ordered, and that presumption can be rebutted in the same manner as provided by Section 160.505.  

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.

x-Did Not Pass: SB 960 -- Convicted felon as independent executor

Caption: Relating to the waiver of the disqualification of a convicted felon from serving as independent executor of a decedent's estate.
Author: Wentworth
Bill History
Bill Text

Relevance: This bill would permit a convicted felon to serve as independent executor if the decedent appointed the felon and waived the disqualification of felons from service, so long as the felon otherwise qualifies as personal representative. 

Enacted-Effective 9/1/11: SB 543 -- Filing fees for families of first responders

Caption: Relating to a probate fee exemption for estates of certain law enforcement officers, firefighters, and others killed in the line of duty.
Author: Hegar
Bill History
Bill Text

Relevance:  Eliminates probate filing fees for police officers and firefighters killed in the line of duty. 

x-Did Not Pass: SB 473 -- Adverse possession by cotenant heir

Caption:  Relating to adverse possession of real property by a cotenant heir against other cotenant heirs.
Author:  West
Bill History
Bill Text 

Relevance:  This permits a "cotenant heir" -- one of two or more persons who simultaneously acquire ownership in the same real property through intestacy, or a successor in interest to one of those persons -- to obtain clear title through adverse possesion if procedural steps are followed.

Sen. West also authored SB 1368, which would permit a cotenant to create a mechanic's and materialman's lien on residential property as "agent" for unknown or unresponsive cotenants.

Enacted-Effective 9/1/11: HB 549 -- Disposition of remains

Caption: Relating to prohibiting the disposition of a decedent's remains by a person charged with certain criminal conduct against the decedent.
Author:  Dutton
Bill History
Bill Text 

Relevance:  A person who is indicted of a crime involving family violence connected with the decedent's death may not control the disposition of the decedent's remains.