Relating to decedents' estates and other matters involving probate courts.

89(R) SB 1448 - Enrolled version - Bill Text

S.B. No. 1448

AN ACT

relating to decedents' estates and other matters involving probate

courts.

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

SECTION 1. Section 33.105, Estates Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) If a probate proceeding is transferred to a court in

another county under this chapter, the clerk of the transferring

court shall send to the clerk of the court to which the proceeding

is transferred
:

(1)
[
,
] using the electronic filing system established

under Section 72.031, Government Code:

(A)
[
(1)
] a transfer certificate and index of

transferred documents;

(B)
[
(2)
] a copy of each final order;

(C)
[
(3)
] a copy of the order of transfer signed

by the transferring court;

(D)
[
(4)
] a copy of the original papers filed in

the transferring court[
, including a copy of any will
];

(E)
[
(5)
] a copy of the transfer certificate and

index of transferred documents from each previous transfer; and

(F)
[
(6)
] a bill of any costs accrued in the

transferring court
; and

(2)

by a qualified delivery method, the original will,

or the paper copy of the will offered under Section 256.156 to prove

a will that cannot be produced in court, as applicable
.

(a-1)

If applicable, the applicant who requested to

transfer a probate proceeding shall pay the cost of delivery under

Subsection (a)(2).

SECTION 2. Subchapter B, Chapter 51, Estates Code, is

amended by adding Section 51.057 to read as follows:

Sec.

51.057.

SERVICE REGARDING CERTAIN DECEASED PERSONS.

(a)

Except as provided by Subsection (b), if a citation or notice

is required to be served in a probate proceeding on a person who is

now deceased but survived the decedent who is the subject of the

proceeding, the citation or notice must be served on one of the

following:

(1)

the personal representative of the deceased

person's estate, as provided by Section 51.056; or

(2)

each distributee of the deceased person's estate,

if:

(A)

the personal representative has been

discharged;

(B)

the independent executor has filed a closing

report or a notice of closing of the estate; or

(C)

there is no administration of the estate

ordered by a court, including if:

(i)

the deceased person's will was admitted

to probate as a muniment of title;

(ii)

the court finds there is no necessity

for administration in a judgment in a proceeding declaring heirship

under Chapter 202; or

(iii)

the court approves a small estate

affidavit under Chapter 205.

(b)

If there is no court order determining the distributees

of the estate of the deceased person who survived the decedent or no

personal representative of the deceased person's estate has been

appointed, the citation or notice must be served on the unknown

distributees of the estate by publication in the county in which the

probate proceeding described by Subsection (a) is pending and, if

known, the county of the last residence of the deceased person, if

that residence was in a county other than the county in which the

probate proceeding is pending.

(c)

If service by publication is required by Subsection (b),

the court may appoint an attorney ad litem to represent the

interests of the distributees of the deceased person's estate,

whether known or unknown.

SECTION 3. Section 256.156, Estates Code, is amended by

adding Subsection (c) to read as follows:

(c)

A copy of a will that cannot be produced in court that

includes a copy of a self-proving affidavit is sufficient to make

the will self-proved if the self-proving affidavit meets the form

and content requirements under Subchapter C, Chapter 251.

SECTION 4. Section 256.202, Estates Code, is amended to

read as follows:

Sec. 256.202. CUSTODY OF PROBATED WILL. An original will
,

or a paper copy of a will proved under Section 256.156,
and the

probate of the will shall be deposited in the office of the county

clerk of the county in which the will was probated. The will and

probate of the will shall remain in that office except during a time

the will and the probate of the will are removed for inspection to

another place on an order of the court where the will was probated.

If that court orders the original will to be removed to another

place for inspection:

(1) the person removing the will shall give a receipt

for the will;

(2) the court clerk shall make and retain a copy of the

will; and

(3) the will shall be delivered back to the office of

the county clerk of the county in which the will was probated after

the inspection is completed.

SECTION 5. Section 309.051(a), Estates Code, is amended to

read as follows:

(a) Except as provided by Subsection (c) or Section 309.056

or unless a longer period is granted by the court, before the 91st

day after the date the personal representative qualifies, the

representative shall prepare and file with the court clerk a single

written instrument that contains a verified, full, and detailed

inventory of all estate property that has come into the

representative's possession or of which the representative has

knowledge. The inventory must:

(1) include:

(A) all estate real property located in this

state; and

(B) all estate personal property regardless of

where the property is located; and

(2)
state whether the decedent was married at the time

of the decedent's death, and if the decedent was married at the time

of the decedent's death,
specify which portion of the property, if

any, is separate property and which, if any, is community property.

SECTION 6. Section 309.052, Estates Code, is amended to

read as follows:

Sec. 309.052. LIST OF CLAIMS. A complete list of claims due

or owing to the estate must be attached to the inventory and

appraisement required by Section 309.051. The list of claims must

state:

(1) the name and, if known, address of each person

indebted to the estate; and

(2) regarding each claim:

(A) the nature of the debt, whether by note,

bill, bond, or other written obligation, or by account or verbal

contract;

(B) the date the debt was incurred;

(C) the date the debt was or is due;

(D) the amount of the claim, the rate of interest

on the claim, and the period for which the claim bears interest; and

(E) whether the claim is separate property or

community property
, if the decedent was married at the time of the

decedent's death
.

SECTION 7. Section 354.001(b), Estates Code, is amended to

read as follows:

(b) On presentation of the personal representative's

account and application under Subsection (a), the court, with or

without notice
or citation
, may adjust, correct, settle, allow, or

disallow the account.

SECTION 8. Section 452.006(c), Estates Code, is amended to

read as follows:

(c)
Not later than the seventh day after the date letters of

temporary administration are issued, the
[
The
] appointee shall file

with the court proof of service of the notice required under

Subsection (a) in the manner provided by Section 51.103(b)(3).

SECTION 9. Section 453.003(a), Estates Code, is amended to

read as follows:

(a) If there is no qualified executor or administrator of a

deceased spouse's estate, the surviving spouse, as the surviving

partner of the marital partnership, may:

(1) sue and be sued to recover community property;

(2) sell, mortgage, lease, and otherwise dispose of

community property to pay [
community
] debts[
,
] for which a portion

of community property is liable for payment;

(3) collect claims due to the community estate; and

(4) exercise other powers as necessary to:

(A) preserve the community property;

(B) discharge [
community
] obligations[
,
] for

which a portion of community property is liable for payment; and

(C) wind up community affairs.

SECTION 10. Section 80.002(b), Government Code, is amended

to read as follows:

(b) In addition to any other delivery method required or

authorized by law or supreme court rule, a statutory county court,

statutory probate court,
district court, or appellate court shall

deliver through the electronic filing system established under

Section 72.031 to all parties in each case in which the use of the

electronic filing system is required or authorized all court orders

the court enters for the case.

SECTION 11. Section 403.060, Estates Code, is repealed.

SECTION 12. The amendment by this Act of Sections 256.156,

354.001, and 453.003, Estates Code, is intended to clarify rather

than change existing law.

SECTION 13. Section 33.105, Estates Code, as amended by

this Act, applies to a proceeding that is pending or commenced on or

after the effective date of this Act.

SECTION 14. Section 51.057, Estates Code, as added by this

Act, applies only to a probate proceeding commenced on or after the

effective date of this Act.

SECTION 15. Section 256.202, Estates Code, as amended by

this Act, applies only to a proceeding commenced on or after the

effective date of this Act. A proceeding commenced before the

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

date the proceeding was commenced, and the former law is continued

in effect for that purpose.

SECTION 16. Sections 309.051(a) and 309.052, Estates Code,

as amended by this Act, apply to the administration of the estate of

a decedent that is pending or commenced on or after the effective

date of this Act.

SECTION 17. Section 452.006(c), Estates Code, as amended by

this Act, applies only to a temporary administrator appointed on or

after the effective date of this Act. A temporary administrator

appointed before the effective date of this Act is governed by the

law in effect on the date the administrator was appointed, and the

former law is continued in effect for that purpose.

SECTION 18. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 1448 passed the Senate on

April 10, 2025, by the following vote: Yeas 30, Nays 0; and that

the Senate concurred in House amendment on May 28, 2025, by the

following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1448 passed the House, with

amendment, on May 24, 2025, by the following vote: Yeas 133,

Nays 0, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor