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89(R) SB 1839 - Enrolled version - Bill Text
S.B. No. 1839
AN ACT
relating to the delivery of records, including a will, in probate
proceedings transferred to other 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. 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 3. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 1839 passed the Senate on
April 16, 2025, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1839 passed the House on
May 24, 2025, by the following vote: Yeas 136, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor