Relating to priority of claims against a decedent's estate and to payment of the family allowance from the estate.

89(R) HB 3311 - House Committee Report version - Bill Text

89R22205 EAS-D

By: Swanson, Hayes, Leach, Dutton, et al.

H.B. No. 3311

Substitute the following for H.B. No. 3311:

By: Schofield

C.S.H.B. No. 3311

A BILL TO BE ENTITLED

AN ACT

relating to priority of claims against a decedent's estate and to

payment of the family allowance from the estate.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 353.101(b), Estates Code, is amended to

read as follows:

(b) Before the inventory, appraisement, and list of claims

of an estate are approved or, if applicable, before the affidavit in

lieu of the inventory, appraisement, and list of claims is filed,

the decedent's surviving spouse or any other person authorized to

act on behalf of the decedent's minor children or adult

incapacitated children may apply to the court to have the court fix

the family allowance by filing an application and a verified

affidavit describing:

(1) the amount necessary for the maintenance of the

surviving spouse, the decedent's minor children, and the decedent's

adult incapacitated children for
the applicable periods prescribed

by Section 353.102(a)
[
one year after the date of the decedent's

death
]; and

(2) the surviving spouse's separate property and any

property that the decedent's minor children or adult incapacitated

children have in their own right.

SECTION 2. Section 353.102, Estates Code, is amended to

read as follows:

Sec. 353.102. AMOUNT AND METHOD OF PAYMENT OF FAMILY

ALLOWANCE. (a) The amount of the family allowance must be

sufficient for the maintenance of
:

(1)
the decedent's surviving spouse[
, minor children,
]

and adult incapacitated children for one year from the date of the

decedent's death
; and

(2)

each minor child of the decedent until the later of

the child's:

(A) 18th birthday; or

(B) graduation from high school
.

(b) The allowance must be fixed with regard to the facts or

circumstances then existing and the facts and circumstances

anticipated to exist during the
applicable periods prescribed by

Subsection (a)
[
first year after the decedent's death
].

(c) The allowance
must
[
may
] be paid in a lump sum [
or in

installments, as ordered by the court
].

SECTION 3. Section 353.103, Estates Code, is amended to

read as follows:

Sec. 353.103. ORDER FIXING FAMILY ALLOWANCE. When a family

allowance has been fixed, the court shall enter an order that:

(1) states the amount of the allowance;
and

(2) [
provides how the allowance shall be payable; and

[
(3)
] directs the executor or administrator to pay the

allowance in accordance with law.

SECTION 4. Section 355.102, Estates Code, is amended by

amending Subsections (d) and (e) and adding Subsection (d-1) to

read as follows:

(d) Class 3 claims are composed of
claims:

(1)

for the principal amount of and accrued interest

on delinquent child support and child support arrearages that have

been:

(A)

confirmed as a judgment or a determination of

arrearages by a court under Title 5, Family Code; or

(B)

administratively determined as evidenced by

a certified child support payment record produced by the Title IV-D

agency, as defined by Section 101.033, Family Code, in a Title IV-D

case, as defined by Section 101.034, Family Code; and

(2)

for the unpaid child support obligation for each

minor child of the decedent under Section 154.015, Family Code,

reduced by all but one year of the amount of any family allowance

paid for the maintenance of the child under Section 353.102(a)(2),

subject to Subsection (d-1)
[
each secured claim for money under

Section 355.151(a)(1), including a tax lien, to the extent the

claim can be paid out of the proceeds of the property subject to the

mortgage or other lien.

If more than one mortgage, lien, or

security interest exists on the same property, the claims shall be

paid in order of priority of the mortgage, lien, or security

interest securing the debt
].

(d-1)

For purposes of Subsection (d), "one year"

refers to

the first year after the decedent's death.

(e) Class 4 claims are composed of
each secured claim for

money under Section 355.151(a)(1), including a tax lien, to the

extent the claim can be paid out of the proceeds of the property

subject to the mortgage or other lien.

If more than one mortgage,

lien, or security interest exists on the same property, the claims

shall be paid in order of priority of the mortgage, lien, or

security interest securing the debt
[
claims:

[
(1)

for the principal amount of and accrued interest

on delinquent child support and child support arrearages that have

been:

[
(A)

confirmed as a judgment or a determination

of arrearages by a court under Title 5, Family Code; or

[
(B)

administratively determined as evidenced by

a certified child support payment record produced by the Title IV-D

agency, as defined by Section 101.033, Family Code, in a Title IV-D

case, as defined by Section 101.034, Family Code; and

[
(2)

for unpaid child support obligations under

Section 154.015, Family Code
].

SECTION 5. Sections 353.101(b), 353.102, 353.103, and

355.102(d) and (e), Estates Code, as amended by this Act, and

Section 355.102(d-1), Estates Code, as added by this Act, apply

only to the estate of a decedent who dies on or after the effective

date of this Act. The estate of a decedent who dies before the

effective date of this Act is governed by the law in effect on the

date of the decedent's death, and the former law is continued in

effect for that purpose.

SECTION 6. This Act takes effect September 1, 2025.