Glenn Karisch’s Texas Probate Resources
Welcome to the Texas Probate Resources website, your source for information on estate planning, probate, and trust law in Texas. This site is owned and maintained by Glenn Karisch of Karisch Jonas Law, PLLC, in Austin, Texas. For information dating from before February 1, 2011, visit the legacy site at texasprobate.net.
Texas Probate
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.
Enacted-Effective 9/1/11: SB 482 -- Authorization agreements for non-parent relatives
Caption: Relating to the requirements for an authorization agreement for a nonparent relative of a child.
Author: Harris
Bill History
Bill Text
Relevance: In 2009, the Legislature enacted Chapter 34 of the Family Code, permitting authorization agreements for nonparent relatives. This bill provides that only one authorization agreement may be in effect at any time, and it favors the first-signed agreement over later-signed agreements.
Enacted-Effective 9/1/11: HB 908 -- Fraud on the community in divorce cases
Caption: Relating to the division of community property on dissolution of marriage.
Author: Thompson
Bill History
Bill Text
Relevance: This bill applies only to suits for dissolution of a marriage. It provides additional remedies in cases where fraud on the community occurred. As originally filed and as passed by the House, the bill defined "fraud on the community" in a way that could have caused problems in the administration of decedents' estates. As finally passed, the definition was removed, making it just about remedies in a divorce.
See "Bill may codify 'fraud on the community,' at least in divorces" on texasprobate.com.
Enacted-Effective 9/1/11: HB 577 -- EMS not required to review or honor health care directive
Caption: Relating to emergency prehospital care provided by emergency services personnel.
Author: McClendon
Bill History
Bill Text
Relevance: HB 577 amends the Health and Safety Code so that EMS personnel who are providing emergency pre-hospital care to a person are not required to review, examine, interpret or honor a person's written directive.
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.
Enacted-Effective 9/1/11: SB 220 -- Guardianships and DADS
Caption: Relating to guardianships, including the assessment of prospective wards for, and the provision of, guardianship services by the Department of Aging and Disability Services.
Author: Nelson
Bill History
Bill Text
Relevance: Revises sections of the Probate Code regarding guardianship costs, notice, citation, removal and reinstatement of a guardian and permanent successor guardians.
See "Ad litem fees and attorneys' fees in guardianships: who pays?" on texasprobate.com.