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AN ACT
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relating to records related to an estate of a decedent or |
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incapacitated person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8(c)(1), Texas Probate Code, is amended |
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to read as follows: |
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(1) Transfer for Want of Venue. If it appears to the |
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court at any time before the final decree that the proceeding was |
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commenced in a court which did not have priority of venue over such |
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proceeding, the court shall, on the application of any interested |
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person, transfer the proceeding to the proper county by |
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transmitting to the proper court in such county the original file in |
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such case, together with certified copies of all entries in the |
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judge's probate docket [minutes] theretofore made, and the probate |
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of the will, determination of heirship, or administration of the |
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estate in such county shall be completed in the same manner as if |
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the proceeding had originally been instituted therein; but, if the |
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question as to priority of venue is not raised before final decree |
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in the proceedings is announced, the finality of such decree shall |
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not be affected by any error in venue. |
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SECTION 2. Section 13, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 13. JUDGE'S PROBATE DOCKET. The county clerk shall |
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keep a record book to be styled "Judge's Probate Docket," and shall |
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enter therein: |
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(a) The name of each person upon whose person or estate |
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proceedings are had or sought to be had. |
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(b) The name of the executor or administrator or of the |
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applicant for letters. |
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(c) The date of the filing of the original application for |
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probate proceedings. |
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(d) A notation [minute] of each order, judgment, decree, and |
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proceeding had in each estate, with the date thereof. |
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(e) A number for each estate upon the docket in the order in |
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which proceedings are commenced, and each paper filed in an estate |
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shall be given the corresponding docket number of the estate. |
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SECTION 3. Section 23, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 23. DECREES [AND SIGNING OF MINUTES]. All decisions, |
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orders, decrees, and judgments of the county court in probate |
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matters shall be rendered in open court except in cases where it is |
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otherwise specially provided. [The probate minutes shall be
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approved and signed by the judge on the first day of each month,
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except, however, that if the first day of the month falls on a
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Sunday, such approval shall be entered on the preceding or
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succeeding day.] |
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SECTION 4. Section 51, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 51. TRANSFER OF PROCEEDING WHEN WILL PROBATED OR |
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ADMINISTRATION GRANTED. If an administration upon the estate of |
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any such decedent shall be granted in the State, or if the will of |
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such decedent shall be admitted to probate in this State, after the |
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institution of a proceeding to declare heirship, the court in which |
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such proceeding is pending shall, by an order entered of record |
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therein, transfer the cause to the court of the county in which such |
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administration shall have been granted, or such will shall have |
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been probated, and thereupon the clerk of the court in which such |
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proceeding was originally filed shall send to the clerk of the court |
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named in such order, a certified transcript of all pleadings, |
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[docket] entries in the judge's probate docket, and orders of the |
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court in such cause. The clerk of the court to which such cause |
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shall be transferred shall file the transcript and record the same |
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in the judge's probate docket [minutes] of that [the] court and |
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shall docket such cause, and the same shall thereafter proceed as |
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though originally filed in that court. The court, in its |
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discretion, may consolidate the cause so transferred with the |
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pending proceeding. |
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SECTION 5. Section 53(a), Texas Probate Code, is amended to |
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read as follows: |
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(a) The court in its discretion may require all or any part |
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of the evidence admitted in a proceeding to declare heirship to be |
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reduced to writing, and subscribed and sworn to by the witnesses, |
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respectively, and filed in the cause, and recorded in the judge's |
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probate docket [minutes of the court]. |
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SECTION 6. Section 95(d), Texas Probate Code, is amended to |
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read as follows: |
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(d) Probate Accomplished by Recording. |
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(1) Will admitted in domiciliary jurisdiction. If the |
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will has been probated or established in the jurisdiction in which |
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the testator was domiciled at the time of his death, it shall be the |
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ministerial duty of the clerk to record such will and the evidence |
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of its probate or establishment in the judge's probate docket |
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[minutes of the court]. No order of the court is necessary. When so |
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filed and recorded, the will shall be deemed to be admitted to |
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probate, and shall have the same force and effect for all purposes |
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as if the original will had been probated by order of the court, |
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subject to contest in the manner and to the extent hereinafter |
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provided. |
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(2) Will admitted in non-domiciliary jurisdiction. If |
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the will has been probated or established in another jurisdiction |
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not the domicile of the testator, its probate in this State may be |
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contested in the same manner as if the testator had been domiciled |
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in this State at the time of his death. If no contest is filed, the |
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clerk shall record such will and the evidence of its probate or |
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establishment in the judge's probate docket [minutes of the court], |
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and no order of the court shall be necessary. When so filed and |
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recorded, it shall be deemed to be admitted to probate, and shall |
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have the same force and effect for all purposes as if the original |
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will had been probated by order of the court, subject to contest in |
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the manner and to the extent hereafter provided. |
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SECTION 7. Section 101, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 101. NOTICE OF CONTEST OF FOREIGN WILL. Within the |
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time permitted for the contest of a foreign will in this State, |
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verified notice may be filed and recorded in the judge's probate |
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docket [minutes] of the court in this State in which the will was |
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probated, or the deed records of any county in this State in which |
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such will was recorded, that proceedings have been instituted to |
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contest the will in the foreign jurisdiction where it was probated |
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or established. Upon such filing and recording, the force and |
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effect of the probate or recording of the will shall cease until |
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verified proof is filed and recorded that the foreign proceedings |
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have been terminated in favor of the will, or that such proceedings |
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were never actually instituted. |
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SECTION 8. Section 190(d), Texas Probate Code, is amended |
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to read as follows: |
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(d) Filing and Recording of Oaths. All such oaths may be |
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taken before any officer authorized to administer oaths, and shall |
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be filed with the clerk of the court granting the letters, and shall |
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be recorded in the judge's probate docket [minutes of such court]. |
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SECTION 9. Section 369(b), Texas Probate Code, is amended |
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to read as follows: |
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(b) Procedure for Authorizing Pooling or Unitization. |
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Pooling or unitization, when not adequately provided for by an |
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existing lease or leases on property owned by the estate, may be |
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authorized by the court in which the proceedings are pending |
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pursuant to and in conformity with the following rules: |
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(1) Contents of Application. The personal |
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representative of the estate shall file with the county clerk of the |
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county where the probate proceeding is pending his written |
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application for authority (a) to enter into pooling or unitization |
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agreements supplementing, amending, or otherwise relating to, any |
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existing lease or leases covering property owned by the estate, or |
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(b) to commit royalties or other interest in minerals, whether |
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subject to lease or not, to a pooling or unitization agreement. The |
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application shall also (c) describe the property sufficiently, as |
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required in original application to lease, (d) describe briefly the |
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lease or leases, if any, to which the interest of the estate is |
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subject, and (e) set out the reasons why the proposed agreement |
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concerning such property should be made. A true copy of the |
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proposed agreement shall be attached to the application and by |
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reference made a part thereof, but the agreement shall not be |
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recorded in the judge's probate docket [minutes]. The clerk shall |
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immediately, after such application is filed, call it to the |
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attention of the judge. |
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(2) Notice Not Necessary. No notice of the filing of |
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such application by advertising, citation, or otherwise, is |
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required. |
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(3) Hearing of Application. A hearing on such |
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application may be held by the judge at any time agreeable to the |
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parties to the proposed agreement, and the judge shall hear proof |
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and satisfy himself as to whether or not it is to the best interest |
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of the estate that the proposed agreement be authorized. The |
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hearing may be continued from day to day and from time to time as the |
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court finds to be necessary. |
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(4) Action of Court and Contents of Order. If the court |
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finds that the pool or unit to which the agreement relates will be |
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operated in such a manner as to protect correlative rights or to |
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prevent the physical or economic waste of oil, liquid hydrocarbons, |
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gas (including all liquid hydrocarbons in the gaseous phase in the |
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reservoir), gaseous elements, or other mineral subject thereto; |
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that it is to the best interest of the estate that the agreement be |
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executed; and that the agreement conforms substantially with the |
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permissible provisions of Subsection (a) hereof, he shall enter an |
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order setting out the findings made by him, authorizing execution |
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of the agreement (with or without payment of cash consideration |
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according to the agreement). If cash consideration is to be paid |
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for the agreement, findings as to the necessity of increased or |
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additional bond, as in making of leases upon payment of the cash |
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bonus therefor, shall also be made, and no such agreement shall be |
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valid until the increased or additional bond required by the court, |
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if any, has been approved by the judge and filed with the clerk. The |
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date of the court's order shall be the effective date of the |
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agreement, if not stipulated in such agreement. |
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SECTION 10. Section 409, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 409. MONEY BECOMING DUE PENDING FINAL DISCHARGE. |
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Until the order of final discharge of the personal representative |
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is entered in the judge's probate docket [minutes of the court], |
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money or other thing of value falling due to the estate while the |
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account for final settlement is pending may be paid, delivered, or |
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tendered to the personal representative, who shall issue receipt |
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therefor, and the obligor and/or payor shall be thereby discharged |
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of the obligation for all purposes. |
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SECTION 11. Section 430, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 430. RECEIPT OF COMPTROLLER. Whenever an executor or |
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administrator pays the comptroller any funds of the estate he |
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represents, under the preceding provisions of this Code, he shall |
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take from the comptroller a receipt for such payment, with official |
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seal attached, and shall file the same with the clerk of the court |
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ordering such payment; and such receipt shall be recorded in the |
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judge's probate docket [minutes of the court]. |
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SECTION 12. Section 609(b), Texas Probate Code, is amended |
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to read as follows: |
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(b) The probate court that transfers a proceeding under this |
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section to a court with proper jurisdiction over suits affecting |
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the parent-child relationship shall send to the court to which the |
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transfer is made the complete files in all matters affecting the |
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guardianship of the person of the minor and certified copies of all |
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entries in the judge's guardianship docket [minutes]. The |
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transferring court shall keep a copy of the transferred files. If |
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the transferring court retains jurisdiction of the guardianship of |
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the estate of the minor or of another minor who was the subject of |
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the suit, the court shall send a copy of the complete files to the |
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court to which the transfer is made and shall keep the original |
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files. |
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SECTION 13. Section 623(a), Texas Probate Code, is amended |
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to read as follows: |
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(a) The county clerk shall keep a record book to be styled |
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"Judge's Guardianship Docket" and shall enter in the record book: |
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(1) the name of each person on whose person or estate a |
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proceeding is had or is sought to be had; |
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(2) the name of the guardian of the estate or person or |
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of the applicant for letters; |
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(3) the date the original application for a |
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guardianship proceeding was filed; |
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(4) a notation [minute], including the date, of each |
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order, judgment, decree, and proceeding in each estate; and |
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(5) a number of each guardianship on the docket in the |
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order in which a proceeding is commenced. |
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SECTION 14. Sections 631(b) and (c), Texas Probate Code, |
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are amended to read as follows: |
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(b) By transmitting to the proper court in the proper county |
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for venue purposes the original file in the case, with certified |
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copies of all entries in the judge's guardianship docket [minutes] |
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made in the file, an administration of the guardianship in the |
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proper county for venue purposes shall be completed in the same |
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manner as if the proceeding had originally been instituted in that |
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county. |
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(c) The clerk of the court from which the proceeding is |
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transferred shall transmit to the court to which the proceeding is |
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transferred the original file in the proceeding and a certified |
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copy of the entries in the judge's guardianship docket [minutes] |
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that relate to the proceeding. |
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SECTION 15. Section 650, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 650. DECREES [AND SIGNING OF MINUTES]. A decision, |
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order, decree, or judgment of the court in a guardianship matter |
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must be rendered in open court, except in a case in which it is |
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otherwise expressly provided. [The judge shall approve and sign
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the guardianship minutes on the first day of each month. If the
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first day of the month falls on a Saturday, Sunday, or legal
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holiday, the judge's approval shall be entered on the preceding or
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succeeding day.] |
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SECTION 16. Section 753, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 753. MONEY BECOMING DUE PENDING FINAL DISCHARGE. |
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Money or any other thing of value falling due to the estate or ward |
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while the account for final settlement is pending, other than money |
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or any other thing of value held under Section 703(c) of this code, |
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until the order of final discharge of the guardian is entered in the |
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judge's guardianship docket [minutes of the court], may be paid, |
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delivered, or tendered to the emancipated ward, the guardian, or |
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the personal representative of the deceased ward's estate, who |
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shall issue a receipt for the money or other thing of value, and the |
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obligor or payor shall be discharged of the obligation for all |
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purposes. |
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SECTION 17. Section 849(c), Texas Probate Code, is amended |
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to read as follows: |
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(c) The guardian of the estate shall file with the county |
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clerk of the county in which the guardianship proceeding is pending |
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the guardian's written application for authority to enter into a |
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pooling or unitization agreement supplementing, amending, or |
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otherwise relating to, any existing lease covering property owned |
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by the estate, or to commit royalties or other interest in minerals, |
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whether subject to lease or not, to a pooling or unitization |
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agreement. The application must also describe the property |
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sufficiently as required in the original application to lease, |
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describe briefly the lease to which the interest of the estate is |
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subject, and set out the reasons the proposed agreement concerning |
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the property should be made. A true copy of the proposed agreement |
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shall be attached to the application and by reference made a part of |
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the application, but the agreement may not be recorded in the |
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judge's guardianship docket [minutes]. The clerk shall |
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immediately, after the application is filed, call it to the |
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attention of the judge. |
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SECTION 18. Sections 885(a), (b), and (g), Texas Probate |
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Code, are amended to read as follows: |
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(a) When the estate of a minor or other incapacitated person |
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or any portion of the estate of the minor or other incapacitated |
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person appears in danger of injury, loss, or waste and in need of a |
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guardianship or other representative and there is no guardian of |
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the estate who is qualified in this state and a guardian is not |
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needed, the county judge of the county in which the minor or other |
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incapacitated person resides or in which the endangered estate is |
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located shall enter an order, with or without application, |
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appointing a suitable person as receiver to take charge of the |
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estate. The court order shall require a receiver appointed under |
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this section to give bond as in ordinary receiverships in an amount |
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the judge deems necessary to protect the estate. The court order |
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shall specify the duties and powers of the receiver as the judge |
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deems necessary for the protection, conservation, and preservation |
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of the estate. The clerk shall enter an order made under this |
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section in the judge's guardianship docket [on the minutes of the
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court]. The person who is appointed as receiver shall make and |
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submit a bond for the judge's approval and shall file the bond, when |
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approved, with the clerk. The person who is appointed receiver |
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shall proceed to take charge of the endangered estate pursuant to |
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the powers and duties vested in the person by the order of |
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appointment and subsequent orders made by the judge. |
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(b) During the pendency of the receivership, when the needs |
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of the minor or other incapacitated person require the use of the |
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income or corpus of the estate for the education, clothing, or |
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subsistence of the minor or other incapacitated person, the judge, |
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with or without application, shall enter an order in the judge's |
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guardianship docket [on the minutes of the court] that appropriates |
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an amount of income or corpus that is sufficient for that purpose. |
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The receiver shall use the amount appropriated by the court to pay a |
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claim for the education, clothing, or subsistence of the minor or |
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other incapacitated person that is presented to the judge for |
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approval and ordered by the judge to be paid. |
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(g) An order or a bond, report, account, or notice in a |
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receivership proceeding must be recorded in the judge's |
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guardianship docket [minutes of the court]. |
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SECTION 19. The following laws are repealed: |
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(1) Section 26.004(c), Government Code; and |
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(2) Sections 3(u) and 601(17), Texas Probate Code. |
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SECTION 20. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 585 was passed by the House on May 12, |
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2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 585 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |