| |
| |
| |
|
|
AN ACT
|
|
|
relating to the allowance in lieu of exempt property in the |
|
|
administration of a decedent's estate. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
ARTICLE 1. CHANGES TO TEXAS PROBATE CODE |
|
|
SECTION 1.01. Section 273, Texas Probate Code, is amended |
|
|
to read as follows: |
|
|
Sec. 273. ALLOWANCE IN LIEU OF EXEMPT PROPERTY. In case |
|
|
there should not be among the effects of the deceased all or any of |
|
|
the specific articles exempted from execution or forced sale by the |
|
|
Constitution and laws of this state, the court shall make a |
|
|
reasonable allowance in lieu thereof, to be paid to such surviving |
|
|
spouse and children, or such of them as there are, as hereinafter |
|
|
provided. The allowance in lieu of a homestead shall in no case |
|
|
exceed $45,000 [$15,000] and the allowance for other exempted |
|
|
property shall in no case exceed $30,000 [$5,000], exclusive of the |
|
|
allowance for the support of the surviving spouse, minor children, |
|
|
and adult incapacitated children which is hereinafter provided for. |
|
|
SECTION 1.02. The changes in law made by this article to |
|
|
Section 273, Texas Probate Code, 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. |
|
|
ARTICLE 2. CHANGES TO ESTATES CODE |
|
|
SECTION 2.01. Section 353.053(b), Estates Code, as |
|
|
effective January 1, 2014, is amended to read as follows: |
|
|
(b) The allowance in lieu of a homestead may not exceed |
|
|
$45,000 [$15,000], and the allowance in lieu of other exempt |
|
|
property may not exceed $30,000 [$5,000], excluding the family |
|
|
allowance for the support of the surviving spouse, minor children, |
|
|
and adult incapacitated children provided by Subchapter C. |
|
|
SECTION 2.02. Section 273, Texas Probate Code, as amended |
|
|
by Article 1 of this Act, is repealed. |
|
|
SECTION 2.03. This article takes effect January 1, 2014. |
|
|
ARTICLE 3. EFFECTIVE DATE |
|
|
SECTION 3.01. Except as otherwise provided by this Act, |
|
|
this Act takes effect September 1, 2013. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 789 was passed by the House on April |
|
|
11, 2013, by the following vote: Yeas 144, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 789 was passed by the Senate on May |
|
|
21, 2013, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |