H.B. No. 2912
 
 
 
 
AN ACT
  relating to decedents' estates.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.005, Estates Code, as effective
  January 1, 2014, is amended to conform to Section 2.54, Chapter 1338
  (S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011,
  and is further amended to read as follows:
         Sec. 21.005.  APPLICABILITY OF CERTAIN LAWS.  (a)  
  Notwithstanding Section 21.002(b) of this code and Section 311.002,
  Government Code:
               (1)  Section 311.032(c), Government Code, applies to
  Subtitle [Subtitles] X [and Y], Title 2, and Subtitles Y and Z,
  Title 3; and
               (2)  Sections 311.005(4) and 311.012(b) and (c),
  Government Code, apply to Subtitle [Subtitles] X [and Y], Title 2,
  and Subtitles Y and Z, Title 3.
         (b)  Chapter 132, Civil Practice and Remedies Code, does not
  apply to Subchapter C, Chapter 251.
         SECTION 2.  Notwithstanding the transfer of Section 2, Texas
  Probate Code, to the Estates Code and redesignation as Section 2 of
  that code effective January 1, 2014, by Section 2, Chapter 680 (H.B.
  2502), Acts of the 81st Legislature, Regular Session, 2009,
  Subsection (e), Section 2, Texas Probate Code, is transferred to
  Chapter 32, Estates Code, redesignated as Subsection (d), Section
  32.001, Estates Code, and amended to read as follows:
         (d)  [(e) Nature of Proceeding.] The administration of the
  estate of a decedent, from the filing of the application for probate
  and administration, or for administration, until the decree of
  final distribution and the discharge of the last personal
  representative, shall be considered as one proceeding for purposes
  of jurisdiction. The entire proceeding is a proceeding in rem.
         SECTION 3.  Section 32.006, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 32.006.  JURISDICTION OF STATUTORY PROBATE COURT WITH
  RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which
  there is a statutory probate court, the statutory probate court has
  jurisdiction of:
               (1)  an action by or against a trustee;
               (2)  an action involving an inter vivos trust,
  testamentary trust, or charitable trust;
               (3)  an action by or against an agent or former agent
  under a power of attorney arising out of the agent's performance of
  the duties of an agent; and
               (4)  an action to determine the validity of a power of
  attorney or to determine an agent's rights, powers, or duties under
  a power of attorney.
         SECTION 4.  Section 51.203(c), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (c)  At the expiration of the 10-day period prescribed by
  Subsection (a):
               (1)  [commission may issue for taking] the depositions
  for which the notice was posted may be taken; and
               (2)  the judge may file cross-interrogatories if no
  person appears.
         SECTION 5.  Section 53.104, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 53.104.  APPOINTMENT OF ATTORNEYS AD LITEM. (a) Except
  as provided by Section 202.009(b), the judge of a probate court may
  appoint an attorney ad litem in any probate proceeding to represent
  the interests of any person, including:
               (1)  a person who has a legal disability under state or
  federal law;
               (2)  a nonresident;
               (3)  an unborn or unascertained person; [or]
               (4)  an unknown heir;
               (5)  a missing heir; or
               (6)  an unknown or missing person for whom cash is
  deposited into the court's registry under Section 362.011.
         (b)  An attorney ad litem appointed under this section is
  entitled to reasonable compensation for services provided in the
  amount set by the court. The court shall:
               (1)  tax the compensation as costs in the probate
  proceeding and order the compensation to be paid out of the estate
  or by any party at any time during [, to be taxed as costs in] the
  proceeding; or
               (2)  for an attorney ad litem appointed under
  Subsection (a)(6), order that the compensation be paid from the
  cash on deposit in the court's registry as provided by Section
  362.011.
         SECTION 6.  Subchapter C, Chapter 53, Estates Code, as
  effective January 1, 2014, is amended by adding Section 53.107 to
  read as follows:
         Sec. 53.107.  INAPPLICABILITY OF CERTAIN RULES OF CIVIL
  PROCEDURE. The following do not apply to probate proceedings:
               (1)  Rules 47(c) and 169, Texas Rules of Civil
  Procedure; and
               (2)  the portions of Rule 190.2, Texas Rules of Civil
  Procedure, concerning expedited actions under Rule 169, Texas Rules
  of Civil Procedure.
         SECTION 7.  Section 54.051, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 54.051.  APPLICABILITY OF CERTAIN RULES RELATING TO
  WITNESSES AND EVIDENCE. Except as provided by Section 51.203, the
  Texas Rules of Evidence [rules relating to witnesses and evidence
  that apply in the district court] apply in a proceeding arising
  under this title to the extent practicable.
         SECTION 8.  Section 102.004, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 102.004.  LIABILITY OF HOMESTEAD FOR DEBTS. If the
  decedent was survived by a spouse or minor child, the [The]
  homestead is not liable for the payment of any of the debts of the
  estate, other than:
               (1)  purchase money for the homestead;
               (2)  taxes due on the homestead;
               (3)  work and material used in constructing
  improvements on the homestead if the requirements of Section
  50(a)(5), Article XVI, Texas Constitution, are met;
               (4)  an owelty of partition imposed against the
  entirety of the property by a court order or written agreement of
  the parties to the partition, including a debt of one spouse in
  favor of the other spouse resulting from a division or an award of a
  family homestead in a divorce proceeding;
               (5)  the refinance of a lien against the homestead,
  including a federal tax lien resulting from the tax debt of both
  spouses, if the homestead is a family homestead, or from the tax
  debt of the decedent;
               (6)  an extension of credit on the homestead if the
  requirements of Section 50(a)(6), Article XVI, Texas Constitution,
  are met; or
               (7)  a reverse mortgage.
         SECTION 9.  Section 111.051, Estates Code, as effective
  January 1, 2014, is amended by amending Subdivision (1) and adding
  Subdivision (1-a) to read as follows:
               (1)  "Contracting third party" means a financial
  institution, insurance company, plan custodian, plan
  administrator, or other person who is a party to an account
  agreement, insurance contract, annuity contract, retirement
  account, beneficiary designation, or other similar contract the
  terms of which control whether a nontestamentary transfer has
  occurred or to whom property passes as a result of a possible
  nontestamentary transfer. The term does not include a person who
  is:
                     (A)  an owner of the property subject to a
  possible nontestamentary transfer; or
                     (B)  a possible recipient of the property subject
  to a possible nontestamentary transfer.
               (1-a)  "Employees' trust" means:
                     (A)  a trust that forms a part of a stock-bonus,
  pension, or profit-sharing plan under Section 401, Internal Revenue
  Code of 1954 (26 U.S.C. Section 401 (1986));
                     (B)  a pension trust under Chapter 111, Property
  Code; and
                     (C)  an employer-sponsored benefit plan or
  program, or any other retirement savings arrangement, including a
  pension plan created under Section 3, Employee Retirement Income
  Security Act of 1974 (29 U.S.C. Section 1002 (1986)), regardless of
  whether the plan, program, or arrangement is funded through a
  trust.
         SECTION 10.  Subchapter B, Chapter 111, Estates Code, is
  amended by adding Section 111.054 to read as follows:
         Sec. 111.054.  APPLICATION OF STATE LAW TO CERTAIN
  NONTESTAMENTARY TRANSFERS. (a)  This section applies if more than
  50 percent of the:
               (1)  assets in an account at a financial institution,
  in a retirement account, or in another similar arrangement are
  owned, immediately before a possible nontestamentary transfer of
  the assets, by one or more persons domiciled in this state; or
               (2)  interests under an insurance contract, annuity
  contract, beneficiary designation, or other similar arrangement
  are owned, immediately before a possible nontestamentary transfer
  of the interests, by one or more persons domiciled in this state.
         (b)  Notwithstanding a choice of law or other contractual
  provision in an agreement prepared or provided by a contracting
  third party, Texas law applies to determine:
               (1)  whether a nontestamentary transfer of assets or
  interests described by Subsection (a) has occurred; and
               (2)  the ownership of the assets or interests following
  a possible nontestamentary transfer.
         (c)  Notwithstanding a choice of law or other contractual
  provision in an agreement prepared or provided by a contracting
  third party, any person, including a personal representative, who
  is asserting an ownership interest in assets or interests described
  by Subsection (a) subject to a possible nontestamentary transfer
  shall have access to the courts of this state for a judicial
  determination of:
               (1)  whether a nontestamentary transfer of the assets
  or interests has occurred; or
               (2)  the ownership of the assets or interests following
  a possible nontestamentary transfer.
         (d)  Subsections (a), (b), and (c) do not apply to an
  obligation:
               (1)  owed by a party to the contracting third party; or
               (2)  owed by the contracting third party to a party.
         (e)  This section applies to a community property
  survivorship agreement governed by Chapter 112 and a multiple-party
  account governed by Chapter 113.
         SECTION 11.  Section 201.051, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 201.051.  MATERNAL INHERITANCE. For purposes of
  inheritance, a child is the child of the child's biological or
  adopted mother, and the child and the child's issue shall inherit
  from the child's mother and the child's maternal kindred, both
  descendants, ascendants, and collateral kindred in all degrees, and
  they may inherit from the child and the child's issue. However, if a
  child has intended parents, as defined by Section 160.102, Family
  Code, under a gestational agreement validated under Subchapter I,
  Chapter 160, Family Code, the child is the child of the intended
  mother and not the biological mother or gestational mother unless
  the biological mother is also the intended mother.
         SECTION 12.  Section 201.052, Estates Code, as effective
  January 1, 2014, is amended by adding Subsection (a-1) and amending
  Subsection (b) to read as follows:
         (a-1)  Notwithstanding Subsection (a), if a child has
  intended parents, as defined by Section 160.102, Family Code, under
  a gestational agreement validated under Subchapter I, Chapter 160,
  Family Code, the child is the child of the intended father and not
  the biological father unless the biological father is also the
  intended father.
         (b)  A child described by Subsection (a) or (a-1) and the
  child's issue shall inherit from the child's father and the child's
  paternal kindred, both descendants, ascendants, and collateral
  kindred in all degrees, and they may inherit from the child and the
  child's issue.
         SECTION 13.  Subchapter A, Chapter 202, Estates Code, as
  effective January 1, 2014, is amended by adding Section 202.0025 to
  read as follows:
         Sec. 202.0025.  ACTION BROUGHT AFTER DECEDENT'S DEATH.
  Notwithstanding Section 16.051, Civil Practice and Remedies Code, a
  proceeding to declare heirship of a decedent may be brought at any
  time after the decedent's death.
         SECTION 14.  Section 202.004, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 202.004.  PERSONS WHO MAY COMMENCE PROCEEDING TO
  DECLARE HEIRSHIP.  A proceeding to declare heirship of a decedent
  may be commenced and maintained under a circumstance specified by
  Section 202.002 by:
               (1)  the personal representative of the decedent's
  estate;
               (2)  a person claiming to be a [secured] creditor or the
  owner of all or part of the decedent's estate;
               (3)  if the decedent was a ward with respect to whom a
  guardian of the estate had been appointed, the guardian of the
  estate, provided that the proceeding is commenced and maintained in
  the probate court in which the proceedings for the guardianship of
  the estate were pending at the time of the decedent's death;
               (4)  a party seeking the appointment of an independent
  administrator under Section 401.003; or
               (5)  the trustee of a trust holding assets for the
  benefit of a decedent.
         SECTION 15.  Section 202.009, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 202.009.  ATTORNEY AD LITEM [REPRESENTATION OF
  INTERESTS OF CERTAIN PERSONS]. (a) The [If it appears to the court
  in a proceeding to declare heirship that there is or may be a living
  heir whose name or whereabouts is unknown, or that a defendant is an
  incapacitated person, the] court shall [may] appoint an attorney ad
  litem in a proceeding to declare heirship [or guardian ad litem] to
  represent the interests of heirs whose names or locations are
  unknown [that person.     The court may not appoint an attorney ad
  litem or guardian ad litem unless the court finds that the
  appointment is necessary to protect the interests of the living
  heir or incapacitated person].
         (b)  The court may expand the appointment of the [shall
  appoint an] attorney ad litem appointed under Subsection (a) to
  include representation of an heir who is an incapacitated person on
  a finding that the appointment is necessary to protect the
  interests of the heir [to represent the interests of unknown
  heirs].
         SECTION 16.  Section 202.056, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 202.056.  WAIVER OF SERVICE OF CITATION [ON CERTAIN
  PERSONS NOT PERMITTED]. A parent, managing conservator, guardian,
  attorney ad litem, or guardian ad litem of a minor distributee who:
               (1)  is younger than 12 years of age [or older, but
  younger than 19 years of age,] may [not] waive citation required by
  this subchapter to be served on the distributee; and
               (2)  is 12 years of age or older may not waive citation
  required by this subchapter to be served on the distributee.
         SECTION 17.  Subchapter B, Chapter 202, Estates Code, as
  effective January 1, 2014, is amended by adding Section 202.057 to
  read as follows:
         Sec. 202.057.  AFFIDAVIT OF SERVICE OF CITATION. (a)  A
  person who files an application under Section 202.005 shall file
  with the court:
               (1)  a copy of any citation required by this subchapter
  and the proof of delivery of service of the citation; and
               (2)  an affidavit sworn to by the applicant or a
  certificate signed by the applicant's attorney stating:
                     (A)  that the citation was served as required by
  this subchapter;
                     (B)  the name of each person to whom the citation
  was served, if the person's name is not shown on the proof of
  delivery; and
                     (C)  the name of each person who waived citation
  under Section 202.056.
         (b)  The court may not enter an order in the proceeding to
  declare heirship under Subchapter E until the affidavit or
  certificate required by Subsection (a) is filed.
         SECTION 18.  Section 202.151, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 202.151.  [WRITTEN] EVIDENCE IN PROCEEDING TO DECLARE
  HEIRSHIP.  (a) The court may require that [all or] any testimony
  [part of the evidence] admitted as evidence in a proceeding to
  declare heirship be [:
               [(1)]  reduced to writing and subscribed and sworn to
  by the witnesses, respectively [; and
               [(2)     filed in the proceeding and recorded in the
  judge's probate docket].
         (b)  Testimony in a proceeding to declare heirship must be
  taken in open court, by deposition in accordance with Section
  51.203, or in accordance with the Texas Rules of Civil Procedure.
         SECTION 19.  Sections 204.151 and 204.152, Estates Code, as
  effective January 1, 2014, are amended to read as follows:
         Sec. 204.151.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies in a proceeding to declare heirship of a decedent only with
  respect to an individual who[:
               [(1)     petitions the court for a determination of right
  of inheritance as authorized by Section 201.052(c); and
               [(2)]  claims[:
                     [(A)]  to be a biological child of the decedent or
  claims[, but with respect to whom a parent-child relationship with
  the decedent was not established as provided by Section 160.201,
  Family Code; or
                     [(B)]  to inherit through a biological child of
  the decedent[, if a parent-child relationship between the
  individual through whom the inheritance is claimed and the decedent
  was not established as provided by Section 160.201, Family Code].
         Sec. 204.152.  PRESUMPTION; [REQUIRED FINDINGS IN ABSENCE
  OF] REBUTTAL [EVIDENCE]. The presumption under Section 160.505,
  Family Code, that applies in establishing a parent-child
  relationship also applies in determining heirship in the probate
  court using the results of genetic testing ordered with respect to
  an individual described by Section 204.151, and the presumption may
  be rebutted in the same manner provided by Section 160.505, Family
  Code. [Unless the results of genetic testing of another individual
  who is an heir of the decedent who is the subject of a proceeding to
  declare heirship to which this subchapter applies are admitted as
  rebuttal evidence, the court shall find that the individual
  described by Section 204.151:
               [(1)     is an heir of the decedent, if the results of
  genetic testing ordered under Subchapter B identify a tested
  individual who is an heir of the decedent as the ancestor of the
  individual described by Section 204.151; or
               [(2)     is not an heir of the decedent, if the results of
  genetic testing ordered under Subchapter B exclude a tested
  individual who is an heir of the decedent as the ancestor of the
  individual described by Section 204.151.]
         SECTION 20.  Section 253.001, Estates Code, as effective
  January 1, 2014, is amended by adding Subsection (c) to read as
  follows:
         (c)  Any portion of a court order that purports to prohibit a
  person from executing a new will or a codicil to an existing will is
  void and may be disregarded without penalty or sanction of any kind.
         SECTION 21.  The heading to Section 256.052, Estates Code,
  as effective January 1, 2014, is amended to read as follows:
         Sec. 256.052.  CONTENTS OF APPLICATION FOR PROBATE OF
  [WRITTEN] WILL [GENERALLY].
         SECTION 22.  Section 256.052(a), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (a)  An application for the probate of a [written] will must
  state and aver the following to the extent each is known to the
  applicant or can, with reasonable diligence, be ascertained by the
  applicant:
               (1)  each applicant's name and domicile;
               (2)  the testator's name, domicile, and, if known, age,
  on the date of the testator's death;
               (3)  the fact, time, and place of the testator's death;
               (4)  facts showing that the court with which the
  application is filed has venue;
               (5)  that the testator owned property, including a
  statement generally describing the property and the property's
  probable value;
               (6)  the date of the will;
               (7)  the name, state of residence, and physical address
  where service can be had [residence] of the [:
                     [(A)  any] executor named in the will or other [,
  if no executor is named, of the] person to whom the applicant
  desires that letters be issued; [and]
               (8)  the name of [(B)]  each subscribing witness to the
  will, if any;
               (9) [(8)]  whether one or more children born to or
  adopted by the testator after the testator executed the will
  survived the testator and, if so, the name of each of those
  children;
               (10) [(9)]  whether a marriage of the testator was ever
  dissolved after the will was made and, if so, when and from whom;
               (11) [(10)]  whether the state, a governmental agency
  of the state, or a charitable organization is named in the will as a
  devisee; and
               (12) [(11)]  that the executor named in the will, the
  applicant, or another person to whom the applicant desires that
  letters be issued is not disqualified by law from accepting the
  letters.
         SECTION 23.  The heading to Section 256.053, Estates Code,
  as effective January 1, 2014, is amended to read as follows:
         Sec. 256.053.  FILING OF [WRITTEN] WILL WITH APPLICATION FOR
  PROBATE GENERALLY REQUIRED.
         SECTION 24.  Section 256.053(a), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (a)  An applicant for the probate of a [written] will shall
  file the will with the application if the will is in the applicant's
  control.
         SECTION 25.  Section 256.054, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 256.054.  ADDITIONAL APPLICATION REQUIREMENTS WHEN NO
  [WRITTEN] WILL IS PRODUCED. In addition to the requirements for an
  application under Section 256.052, if an applicant for the probate
  of a [written] will cannot produce the will in court, the
  application must state:
               (1)  the reason the will cannot be produced;
               (2)  the contents of the will, as far as known; and
               (3)  the name, age, marital status, and address, if
  known, and the relationship to the testator, if any, of:
                     (A)  each devisee;
                     (B)  each person who would inherit as an heir of
  the testator in the absence of a valid will; and
                     (C)  in the case of partial intestacy, each heir
  of the testator.
         SECTION 26.  Section 256.152(c), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (c)  As an alternative to Subsection (b) [For purposes of
  Subsection (b)], a will executed in another state or a foreign
  country is considered self-proved without further evidence of the
  law of the other state or foreign country if the will, or an
  affidavit of the testator and attesting witnesses attached or
  annexed to the will, provides that:
               (1)  the testator declared that the testator signed the
  instrument as the testator's will, the testator signed it willingly
  or willingly directed another to sign for the testator, the
  testator executed the will as the testator's free and voluntary act
  for the purposes expressed in the instrument, the testator is of
  sound mind and under no constraint or undue influence, and the
  testator is eighteen years of age or over or, if under that age, was
  or had been lawfully married, or was then a member of the armed
  forces of the United States, an auxiliary of the armed forces of the
  United States, or the United States Maritime Service; and
               (2)  the witnesses declared that the testator signed
  the instrument as the testator's will, the testator signed it
  willingly or willingly directed another to sign for the testator,
  each of the witnesses, in the presence and hearing of the testator,
  signed the will as witness to the testator's signing, and to the
  best of their knowledge the testator was of sound mind and under no
  constraint or undue influence, and the testator was eighteen years
  of age or over or, if under that age, was or had been lawfully
  married, or was then a member of the armed forces of the United
  States, an auxiliary of the armed forces of the United States, or
  the United States Maritime Service.
         SECTION 27.  Section 256.153, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 256.153.  PROOF OF EXECUTION OF [AUTHORIZED METHODS OF
  PROVING] ATTESTED [WRITTEN] WILL. (a) An attested [written] will
  produced in court that is not self-proved as provided by this title
  may be proved in the manner provided by this section.
         (b)  A will described by Subsection (a) may be proved by the
  sworn testimony or affidavit of one or more of the subscribing
  witnesses to the will taken in open court.
         (c)  If all the witnesses to a will described by Subsection
  (a) are nonresidents of the county or the witnesses who are
  residents of the county are unable to attend court, the will may be
  proved:
               (1)  by the sworn testimony of one or more of the
  witnesses by written or oral deposition taken in accordance with
  Section 51.203 or the Texas Rules of Civil Procedure [in the same
  manner and under the same rules as depositions are taken in other
  civil actions];
               (2)  if no opposition in writing to the will is filed on
  or before the date set for the hearing on the will, by the sworn
  testimony or affidavit of two witnesses taken in open court, or by
  deposition as provided by Subdivision (1), to the signature or the
  handwriting evidenced by the signature of:
                     (A)  one or more of the attesting witnesses; or
                     (B)  the testator, if the testator signed the
  will; or
               (3)  if it is shown under oath to the court's
  satisfaction that, after a diligent search was made, only one
  witness can be found who can make the required proof, by the sworn
  testimony or affidavit of that witness taken in open court, or by
  deposition as provided by Subdivision (1), to a signature, or the
  handwriting evidenced by a signature, described by Subdivision (2).
         (d)  If none of the witnesses to a will described by
  Subsection (a) are living, or if each of the witnesses is a member
  of the armed forces or the armed forces reserves of the United
  States, an auxiliary of the armed forces or armed forces reserves,
  or the United States Maritime Service and is beyond the court's
  jurisdiction, the will may be proved:
               (1)  by two witnesses to the handwriting of one or both
  of the subscribing witnesses to the will or the testator, if the
  testator signed the will, by:
                     (A)  sworn testimony or affidavit taken in open
  court; or
                     (B)  written or oral deposition taken in
  accordance with Section 51.203 or the Texas Rules of Civil
  Procedure [in the same manner and under the same rules as
  depositions are taken in other civil actions]; or
               (2)  if it is shown under oath to the court's
  satisfaction that, after a diligent search was made, only one
  witness can be found who can make the required proof, by the sworn
  testimony or affidavit of that witness taken in open court, or by
  deposition as provided by Subdivision (1), to a signature or the
  handwriting described by Subdivision (1).
         (e)  A witness being deposed for purposes of proving the will
  as provided by Subsection (c) or (d) may testify by referring to a
  certified copy of the will, without the judge requiring the
  original will to be removed from the court's file and shown to the
  witness.
         SECTION 28.  Section 256.154, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 256.154.  PROOF OF EXECUTION [AUTHORIZED METHODS] OF
  [PROVING] HOLOGRAPHIC WILL. (a) A will wholly in the handwriting of
  the testator that is not self-proved as provided by this title may
  be proved by two witnesses to the testator's handwriting. The
  evidence may be by:
               (1)  sworn testimony or affidavit taken in open court;
  or
               (2)  if the witnesses are nonresidents of the county or
  are residents who are unable to attend court, written or oral
  deposition taken in accordance with Section 51.203 or the Texas
  Rules of Civil Procedure [in the same manner and under the same
  rules as depositions are taken in other civil actions].
         (b)  A witness being deposed for purposes of proving the will
  as provided by Subsection (a)(2) may testify by referring to a
  certified copy of the will, without the judge requiring the
  original will to be removed from the court's file and shown to the
  witness.
         SECTION 29.  Section 256.155(a), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (a)  This section, rather than Sections 256.153(c) and (d)
  and 256.154 regarding the taking of depositions [under the same
  rules as depositions in other civil actions], applies if no contest
  has been filed with respect to an application for the probate of a
  will.
         SECTION 30.  Section 256.156, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 256.156.  PROOF OF [WRITTEN] WILL NOT PRODUCED IN
  COURT. (a) A [written] will that cannot be produced in court must
  be proved in the same manner as provided in Section 256.153 for an
  attested [written] will or Section 256.154 for a holographic will,
  as applicable.  The same amount and character of testimony is
  required to prove the [written] will not produced in court as is
  required to prove a [written] will produced in court.
         (b)  In addition to the proof required by Subsection (a):
               (1)  the cause of the nonproduction of a [written] will
  not produced in court must be proved, which must be sufficient to
  satisfy the court that the will cannot by any reasonable diligence
  be produced; and
               (2)  the contents of the will must be substantially
  proved by the testimony of a credible witness who has read either
  the original or a copy of the will, has heard the will read, or can
  identify a copy of the will.
         SECTION 31.  Section 256.203, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 256.203.  ESTABLISHING CONTENTS OF WILL NOT IN COURT'S
  CUSTODY. If for any reason a [written] will is not in the court's
  custody, the court shall find the contents of the will by written
  order.  Certified copies of the contents as established by the
  order may be:
               (1)  recorded in other counties; and
               (2)  used in evidence, as certified copies of [written]
  wills in the custody of the court may be used.
         SECTION 32.  Section 257.052, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 257.052.  FILING OF [WRITTEN] WILL WITH APPLICATION
  GENERALLY REQUIRED. (a) An applicant for the probate of a
  [written] will as a muniment of title shall file the will with the
  application if the will is in the applicant's control.
         (b)  A will filed under Subsection (a) must remain in the
  custody of the county clerk unless removed from the clerk's custody
  by court order.
         SECTION 33.  Section 257.053, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 257.053.  ADDITIONAL APPLICATION REQUIREMENTS WHEN NO
  [WRITTEN] WILL IS PRODUCED. In addition to the requirements for an
  application under Section 257.051, if an applicant for the probate
  of a [written] will as a muniment of title cannot produce the will
  in court, the application must state:
               (1)  the reason the will cannot be produced;
               (2)  the contents of the will, to the extent known; and
               (3)  the name, age, marital status, and address, if
  known, and the relationship to the testator, if any, of:
                     (A)  each devisee;
                     (B)  each person who would inherit as an heir of
  the testator in the absence of a valid will; and
                     (C)  in the case of partial intestacy, each heir
  of the testator.
         SECTION 34.  Subchapter D, Chapter 301, Estates Code, as
  effective January 1, 2014, is amended by adding Section 301.155 to
  read as follows:
         Sec. 301.155.  AUTHORIZED METHODS OF PROOF. A fact
  contained in an application for issuance of letters testamentary or
  of administration or any other fact required to be proved by this
  subchapter may be proved by the sworn testimony of a witness with
  personal knowledge of the fact that is:
               (1)  taken in open court; or
               (2)  if proved under oath to the satisfaction of the
  court that the witness is unavailable, taken by deposition on
  written questions in accordance with Section 51.203 or the Texas
  Rules of Civil Procedure.
         SECTION 35.  Section 304.001(c), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (c)  If persons [applicants for letters testamentary or of
  administration] are equally entitled to letters testamentary or of
  administration [the letters], the court:
               (1)  shall grant the letters to the person [applicant]
  who, in the judgment of the court, is most likely to administer the
  estate advantageously; or
               (2)  may grant the letters to two or more of those
  persons [applicants].
         SECTION 36.  Section 305.002(a), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (a)  A personal representative, other than an executor
  described by Subsection (b), is considered to have qualified when
  the representative has:
               (1)  taken and filed the oath prescribed by Subchapter
  B;
               (2)  filed [given] the required bond with the clerk;
  and
               (3)  obtained the judge's approval of the bond [; and
               [(4)  filed the bond with the clerk].
         SECTION 37.  Section 305.003, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 305.003.  PERIOD FOR TAKING OATH [AND GIVING BOND]. An
  oath may be taken and subscribed [and a bond may be given and
  approved] at any time before:
               (1)  the 21st day after the date of the order granting
  letters testamentary or of administration, as applicable; or
               (2)  the letters testamentary or of administration, as
  applicable, are revoked for a failure to qualify within the period
  allowed.
         SECTION 38.  Subchapter A, Chapter 305, Estates Code, as
  effective January 1, 2014, is amended by adding Section 305.004 to
  read as follows:
         Sec. 305.004.  PERIOD FOR GIVING BOND. (a)  A bond may be
  filed with the clerk at any time before:
               (1)  the 21st day after:
                     (A)  the date of the order granting letters
  testamentary or of administration, as applicable; or
                     (B)  the date of any order modifying the bond
  requirement; or
               (2)  the date letters testamentary or of
  administration, as applicable, are revoked for a failure to qualify
  within the period allowed.
         (b)  The court shall act promptly to review a bond filed as
  provided by Subsection (a) and, if acceptable, shall approve the
  bond.
         (c)  If no action has been taken by the court on the bond
  before the 21st day after the date the bond is filed, the person
  appointed personal representative may file a motion requiring the
  judge of the court in which the bond was filed to specify on the
  record the reason or reasons for the judge's failure to act on the
  bond. The hearing on the motion must be held before the 11th day
  after the date the motion is filed.
         SECTION 39.  Section 308.054(b), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (b)  Notice given under Subsection (a) must:
               (1)  expressly state that the creditor must present the
  claim before the 121st day [within four months] after the date of
  the receipt of the notice or the claim is barred, if the claim is not
  barred by the general statutes of limitation; and
               (2)  include:
                     (A)  the date the letters testamentary or of
  administration held by the personal representative were issued to
  the representative;
                     (B)  the address to which the claim may be
  presented; and
                     (C)  an instruction of the representative's
  choice that the claim be addressed in care of:
                           (i)  the representative;
                           (ii)  the representative's attorney; or
                           (iii)  "Representative, Estate of _______"
  (naming the estate).
         SECTION 40.  Section 309.051(a), Estates Code, as effective
  January 1, 2014, 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)  specify which portion of the property, if any, is
  separate property and which, if any, is community property.
         SECTION 41.  Section 309.056, Estates Code, as effective
  January 1, 2014, is amended by amending Subsection (b) and adding
  Subsection (d) to read as follows:
         (b)  Notwithstanding Sections 309.051 and 309.052, or any
  contrary provision in a decedent's will that does not specifically
  prohibit the filing of an affidavit described by this subsection,
  if there are no unpaid debts, except for secured debts, taxes, and
  administration expenses, at the time the inventory is due,
  including any extensions, an independent executor may file with the
  court clerk, in lieu of the inventory, appraisement, and list of
  claims, an affidavit stating that all debts, except for secured
  debts, taxes, and administration expenses, are paid and that all
  beneficiaries have received a verified, full, and detailed
  inventory and appraisement.  The affidavit in lieu of the
  inventory, appraisement, and list of claims must be filed within
  the 90-day period prescribed by Section 309.051(a), unless the
  court grants an extension.
         (d)  An independent executor is not liable for choosing to
  file:
               (1)  an affidavit under this section in lieu of filing
  an inventory, appraisement, and list of claims, if permitted by
  law; or
               (2)  an inventory, appraisement, and list of claims in
  lieu of filing an affidavit under this section.
         SECTION 42.  Subchapter B, Chapter 309, Estates Code, as
  effective January 1, 2014, is amended by adding Section 309.057 to
  read as follows:
         Sec. 309.057.  PENALTY FOR FAILURE TO TIMELY FILE INVENTORY,
  APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF.  (a)  This
  section applies only to a personal representative, including an
  independent executor or administrator, who does not file an
  inventory, appraisement, and list of claims or affidavit in lieu of
  the inventory, appraisement, and list of claims, as applicable,
  within the period prescribed by Section 309.051 or any extension
  granted by the court.
         (b)  Any person interested in the estate on written
  complaint, or the court on the court's own motion, may have a
  personal representative to whom this section applies cited to file
  the inventory, appraisement, and list of claims or affidavit in
  lieu of the inventory, appraisement, and list of claims, as
  applicable, and show cause for the failure to timely file.
         (c)  If the personal representative does not file the
  inventory, appraisement, and list of claims or affidavit in lieu of
  the inventory, appraisement, and list of claims, as applicable,
  after being cited or does not show good cause for the failure to
  timely file, the court on hearing may fine the representative in an
  amount not to exceed $1,000.
         (d)  The personal representative and the representative's
  sureties, if any, are liable for any fine imposed under this section
  and for all damages and costs sustained by the representative's
  failure. The fine, damages, and costs may be recovered in any court
  of competent jurisdiction.
         SECTION 43.  Sections 309.103(a) and (b), Estates Code, as
  effective January 1, 2014, are amended to read as follows:
         (a)  Any interested person who considers an inventory,
  appraisement, or list of claims or an affidavit in lieu of the
  inventory, appraisement, and list of claims [filed for the estate]
  to be erroneous or unjust in any particular may:
               (1)  file a written complaint setting forth the alleged
  erroneous or unjust item; and
               (2)  have the personal representative cited to appear
  before the court and show cause why the item should not be
  corrected.
         (b)  On the hearing of the complaint, if the court is
  satisfied from the evidence that the inventory, appraisement, or
  list of claims or an affidavit in lieu of the inventory,
  appraisement, and list of claims is erroneous or unjust as alleged
  in the complaint, the court shall enter an order:
               (1)  specifying the erroneous or unjust item and the
  corrections to be made; and
               (2)  if the complaint relates to an inventory,
  appraisement, or list of claims, appointing appraisers to make a
  new appraisement correcting the erroneous or unjust item and
  requiring the filing of the new appraisement before the 21st day
  after the date of the order.
         SECTION 44.  Section 353.101(d), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (d)  A family allowance may not be made for:
               (1)  the decedent's surviving spouse, if the surviving
  spouse has separate property adequate for the surviving spouse's
  maintenance;
               (2)  the decedent's minor children, if the minor
  children have property in their own right adequate for the
  children's maintenance; or
               (3)  any of the decedent's adult incapacitated
  children, if:
                     (A)  the adult incapacitated child has property in
  the person's own right adequate for the person's maintenance; or
                     (B)  at the time of the decedent's death, the
  decedent was not supporting the adult incapacitated child.
         SECTION 45.  Section 355.060, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 355.060.  UNSECURED CLAIMS BARRED UNDER CERTAIN
  CIRCUMSTANCES. If a personal representative gives a notice
  permitted by Section 308.054 to an unsecured creditor for money and
  the creditor's claim is not presented before the 121st day [within
  four months] after the date of receipt of the notice, the claim is
  barred.
         SECTION 46.  Section 361.155, Estates Code, as effective
  January 1, 2014, is amended by amending Subsection (b) and adding
  Subsection (c) to read as follows:
         (b)  Except as otherwise provided by this subsection, an
  appointee who files an inventory, appraisement, and list of claims
  under Subsection (a) shall set out in the inventory the appointee's
  appraisement of the fair market value of each item in the inventory
  on the date of the appointee's qualification.  If an inventory,
  appraisement, and list of claims has not been filed by any former
  personal representative, the appointee shall set out the inventory
  as provided by Sections 309.051 and 309.052.
         (c)  On the application of any person interested in the
  estate, the court shall, in an order appointing a successor
  representative of an estate, appoint appraisers as in an original
  appointment.
         SECTION 47.  Section 362.005, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 362.005.  CITATION AND NOTICE ON PRESENTATION OF
  ACCOUNT. (a) On the presentation of an account for final settlement
  by a temporary or permanent personal representative, the county
  clerk shall issue citation to the persons and in the manner provided
  by Subsection (b) [Subsections (c) and (d)].
         (b)  Citation issued under Subsection (a) must:
               (1)  contain:
                     (A) [(1)]  a statement that an account for final
  settlement has been presented;
                     (B) [(2)]  the time and place the court will
  consider the account; and
                     (C) [(3)]  a statement requiring the person cited
  to appear and contest the account, if the person wishes to contest
  the account; and
               (2)  be given[.
         [(c)  The personal representative shall give notice] to each
  heir or beneficiary of the decedent by certified mail, return
  receipt requested, unless the court by written order directs
  another method of service [type of notice] to be given[.   The notice
  must include a copy of the account for final settlement].
         (c)  The personal representative shall also provide to each
  person entitled to citation under Subsection (b) a copy of the
  account for final settlement either by:
               (1)  certified mail, return receipt requested; or
               (2)  electronic delivery, including facsimile or
  e-mail.
         (d)  The court by written order shall require additional
  notice if the court considers the additional notice necessary.
         (e)  The court may allow the waiver of citation [notice] of
  an account for final settlement in a proceeding concerning a
  decedent's estate.
         (f)  The personal representative shall file an affidavit
  sworn to by the personal representative or a certificate signed by
  the personal representative's attorney stating:
               (1)  that the citation was given as required by this
  section;
               (2)  the name of each person to whom the citation was
  given, if the person's name is not shown on the proof of delivery;
               (3)  the name of each person executing a waiver of
  citation; and
               (4)  that each person entitled to citation was provided
  a copy of the account for final settlement, indicating the method of
  delivery for each person.
         SECTION 48.  Section 362.011, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 362.011.  PARTITION AND DISTRIBUTION OF ESTATE; DEPOSIT
  IN COURT'S REGISTRY.  (a)  If, on final settlement of an estate, any
  of the estate remains in the personal representative's possession,
  the court shall order that a partition and distribution be made
  among the persons entitled to receive that part of the estate.
         (b)  The court shall order the personal representative to
  convert into money any remaining nonmonetary assets to which a
  person who is unknown or missing is entitled. The procedures in
  Chapter 356 apply to the conversion of nonmonetary assets under
  this subsection.
         (c)  The court shall order the personal representative to
  deposit in an account in the court's registry all money, including
  the proceeds of any conversion under Subsection (b), to which a
  person who is unknown or missing is entitled.  The court shall hold
  money deposited in an account under this subsection until the court
  renders:
               (1)  an order requiring money in the account to be paid
  to the previously unknown or missing person who is entitled to the
  money; or
               (2)  another order regarding the disposition of the
  money.
         SECTION 49.  Section 362.013, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 362.013.  DISCHARGE OF PERSONAL REPRESENTATIVE WHEN
  ESTATE FULLY ADMINISTERED. The court shall enter an order
  discharging a personal representative from the representative's
  trust and declaring the estate closed when:
               (1)  the representative has fully administered the
  estate in accordance with this title and the court's orders;
               (2)  the representative's account for final settlement
  has been approved; and
               (3)  the representative has:
                     (A)  delivered all of the estate remaining in the
  representative's possession to the person or persons entitled to
  receive that part of the estate; and
                     (B)  with respect to the portion of the estate
  distributable to an unknown or missing person, complied with an
  order of the court under Section 362.011.
         SECTION 50.  Section 401.001(a), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (a)  Any person capable of making a will may provide in the
  person's will that no other action shall be had in the probate court
  in relation to the settlement of the person's estate than the
  probating and recording of the will and the return of any required
  [an] inventory, appraisement, and list of claims of the person's
  estate.
         SECTION 51.  Section 401.004(d), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (d)  If a trust is created in the decedent's will or if the
  decedent's will devises property to a trustee as described by
  Section 254.001, the person or class of persons entitled to receive
  property outright from the trust on the decedent's death and those 
  first eligible to receive the income from the trust, when
  determined as if the trust were to be in existence on the date of the
  decedent's death, shall, for the purposes of Section 401.002, be
  considered to be the distributee or distributees on behalf of the
  trust, and any other trust or trusts coming into existence on the
  termination of the trust, and are authorized to apply for
  independent administration on behalf of the trusts without the
  consent or agreement of the trustee or any other beneficiary of the
  trust, or the trustee or any beneficiary of any other trust which
  may come into existence on the termination of the trust.  If a trust
  beneficiary who is considered to be a distributee under this
  subsection is an incapacitated person, the trustee or cotrustee may
  file the application or give the consent, provided that the trustee
  or cotrustee is not the person proposed to serve as the independent
  executor.
         SECTION 52.  Section 401.006, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 401.006.  GRANTING POWER OF SALE BY AGREEMENT.  In a
  situation in which a decedent does not have a will, or a decedent's
  will does not contain language authorizing the personal
  representative to sell [real] property or contains language that is
  not sufficient to grant the representative that authority, the
  court may include in an order appointing an independent executor
  under Section 401.002 or 401.003 any general or specific authority
  regarding the power of the independent executor to sell [real]
  property that may be consented to by the beneficiaries who are to
  receive any interest in the [real] property in the application for
  independent administration or in their consents to the independent
  administration.  The independent executor, in such event, may sell
  the [real] property under the authority granted in the court order
  without the further consent of those beneficiaries.
         SECTION 53.  Section 403.055, Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         Sec. 403.055.  CERTAIN UNSECURED CLAIMS; BARRING OF CLAIMS.  
  An unsecured creditor who has a claim for money against an estate
  and who receives a notice under Section 308.054 shall give to the
  independent executor notice of the nature and amount of the claim
  before the 121st [not later than the 120th] day after the date the
  notice is received or the claim is barred.
         SECTION 54.  Section 403.056(a), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (a)  Notice to the independent executor required by Sections
  403.052 and 403.055 must be contained in:
               (1)  a written instrument that complies with Section
  355.004 and is hand-delivered with proof of receipt, or mailed by
  certified mail, return receipt requested with proof of receipt, to
  the independent executor or the executor's attorney;
               (2)  a pleading filed in a lawsuit with respect to the
  claim; or
               (3)  a written instrument that complies with Section
  355.004 or a pleading filed in the court in which the administration
  of the estate is pending.
         SECTION 55.  Section 404.001(a), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (a)  At any time after the expiration of 15 months after the
  date that the court clerk first issues letters testamentary or of
  administration to any personal representative of an estate [an
  independent administration was created and the order appointing an
  independent executor was entered by the probate court], any person
  interested in the estate may demand an accounting from the
  independent executor.  The independent executor shall furnish to
  the person or persons making the demand an exhibit in writing, sworn
  and subscribed by the independent executor, setting forth in
  detail:
               (1)  the property belonging to the estate that has come
  into the executor's possession as executor;
               (2)  the disposition that has been made of the property
  described by Subdivision (1);
               (3)  the debts that have been paid;
               (4)  the debts and expenses, if any, still owing by the
  estate;
               (5)  the property of the estate, if any, still
  remaining in the executor's possession;
               (6)  other facts as may be necessary to a full and
  definite understanding of the exact condition of the estate; and
               (7)  the facts, if any, that show why the
  administration should not be closed and the estate distributed.
         SECTION 56.  Chapter 404, Estates Code, as effective January
  1, 2014, is amended by amending Section 404.003 and adding Sections
  404.0035, 404.0036, and 404.0037 to read as follows:
         Sec. 404.003.  REMOVAL OF INDEPENDENT EXECUTOR WITHOUT
  NOTICE. The probate court, on the court's own motion or on the
  motion of any interested person, and without notice, may remove an
  independent executor appointed under this subtitle when:
               (1)  the independent executor cannot be served with
  notice or other processes because:
                     (A)  the independent executor's whereabouts are
  unknown;
                     (B)  the independent executor is eluding service;
  or
                     (C)  the independent executor is a nonresident of
  this state without a designated resident agent; or
               (2)  sufficient grounds appear to support a belief that
  the independent executor has misapplied or embezzled, or is about
  to misapply or embezzle, all or part of the property committed to
  the independent executor's care.
         Sec. 404.0035.  REMOVAL OF INDEPENDENT EXECUTOR WITH NOTICE.
  (a) The probate court, on the court's own motion, may remove an
  independent executor appointed under this subtitle after providing
  30 days' written notice of the court's intent to remove the
  independent executor, by certified mail, return receipt requested,
  to the independent executor's last known address and to the last
  known address of the independent executor's attorney of record, if
  the independent executor:
               (1)  neglects to qualify in the manner and time
  required by law; or
               (2)  fails to return, before the 91st day after the date
  the independent executor qualifies, either an inventory of the
  estate property and a list of claims that have come to the
  independent executor's knowledge or an affidavit in lieu of the
  inventory, appraisement, and list of claims, unless that deadline
  is extended by court order.
         (b)  The probate court, on its own motion or on motion of any
  interested person, after the independent executor has been cited by
  personal service to answer at a time and place fixed in the notice,
  may remove an independent executor when:
               (1)  [the independent executor fails to return within
  90 days after qualification, unless such time is extended by order
  of the court, either an inventory of the property of the estate and
  list of claims that have come to the independent executor's
  knowledge or an affidavit in lieu of the inventory, appraisement,
  and list of claims;
               [(2)     sufficient grounds appear to support belief that
  the independent executor has misapplied or embezzled, or that the
  independent executor is about to misapply or embezzle, all or any
  part of the property committed to the independent executor's care;
               [(3)]  the independent executor fails to make an
  accounting which is required by law to be made;
               (2) [(4)]  the independent executor fails to timely
  file the affidavit or certificate required by Section 308.004;
               (3) [(5)]  the independent executor is proved to have
  been guilty of gross misconduct or gross mismanagement in the
  performance of the independent executor's duties;
               (4) [(6)]  the independent executor becomes an
  incapacitated person, or is sentenced to the penitentiary, or from
  any other cause becomes legally incapacitated from properly
  performing the independent executor's fiduciary duties; or
               (5) [(7)]  the independent executor becomes incapable
  of properly performing the independent executor's fiduciary duties
  due to a material conflict of interest.
         Sec. 404.0036.  REMOVAL ORDER. (a) [(b)]  The order of
  removal of an independent executor shall state the cause of removal
  and shall direct by order the disposition of the assets remaining in
  the name or under the control of the removed independent
  executor.  The order of removal shall require that letters issued
  to the removed independent executor shall be surrendered and that
  all letters shall be canceled of record.  
         (b)  If an independent executor is removed by the court under
  Section 404.003 or 404.0035 [this section], the court may, on
  application, appoint a successor independent executor as provided
  by Section 404.005.
         Sec. 404.0037.  COSTS AND EXPENSES RELATED TO REMOVAL OF
  INDEPENDENT EXECUTOR. (a) [(c)]  An independent executor who
  defends an action for the independent executor's removal in good
  faith, whether successful or not, shall be allowed out of the estate
  the independent executor's necessary expenses and disbursements,
  including reasonable attorney's fees, in the removal proceedings.
         (b) [(d)]  Costs and expenses incurred by the party seeking
  removal that are incident to removal of an independent executor
  appointed without bond, including reasonable attorney's fees and
  expenses, may be paid out of the estate.
         SECTION 57.  Sections 404.005(b) and (c), Estates Code, as
  effective January 1, 2014, are amended to read as follows:
         (b)  Except as otherwise provided by this subsection, if [If]
  a distributee described in this section is an incapacitated person,
  the guardian of the person of the distributee may sign the
  application on behalf of the distributee. If the probate court
  finds that either the continuing of independent administration or
  the appointment of the person, firm, or corporation designated in
  the application as successor independent executor would not be in
  the best interest of the incapacitated person, then,
  notwithstanding Subsection (a), the court may not enter an order
  continuing independent administration of the estate. If the
  distributee is an incapacitated person and has no guardian of the
  person, the court may appoint a guardian ad litem to make
  application on behalf of the incapacitated person if the probate
  court considers such an appointment necessary to protect the
  interest of that distributee. If a distributee described in this
  section is a minor and has no guardian of the person, a natural
  guardian of the minor may sign the application for the order
  continuing independent administration on the minor's behalf unless
  a conflict of interest exists between the minor and the natural
  guardian.
         (c)  Except as otherwise provided by this subsection, if [If]
  a trust is created in the decedent's will or if the decedent's will
  devises property to a trustee as described by Section 254.001, the
  person or class of persons entitled to receive property outright
  from the trust on the decedent's death and those first eligible to
  receive the income from the trust, determined as if the trust were
  to be in existence on the date of the filing of the application for
  an order continuing independent administration, shall, for the
  purposes of this section, be considered to be the distributee or
  distributees on behalf of the trust, and any other trust or trusts
  coming into existence on the termination of the trust, and are
  authorized to apply for an order continuing independent
  administration on behalf of the trust without the consent or
  agreement of the trustee or any other beneficiary of the trust, or
  the trustee or any beneficiary of any other trust which may come
  into existence on the termination of the trust. If a person
  considered to be a distributee under this subsection is an
  incapacitated person, the trustee or cotrustee may apply for the
  order continuing independent administration or sign the
  application on the incapacitated person's behalf if the trustee or
  cotrustee is not the person proposed to serve as the independent
  executor.
         SECTION 58.  Section 405.001(b), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (b)  On receipt of the accounting and, after notice to the
  independent executor and a hearing, unless the court finds a
  continued necessity for administration of the estate, the court
  shall order its distribution by the independent executor to the
  distributees entitled to the property.  If the court finds there is
  a continued necessity for administration of the estate, the court
  shall order the distribution of any portion of the estate that the
  court finds should not be subject to further administration by the
  independent executor.  If any portion of the estate that is ordered
  to be distributed is incapable of distribution without prior
  partition or sale, the court may:
               (1)  [shall] order partition and distribution, or sale,
  in the manner provided for the partition and distribution of
  property incapable of division in supervised estates; or
               (2)  order distribution of that portion of the estate
  incapable of distribution without prior partition or sale in
  undivided interests.
         SECTION 59.  Section 551.001(a), Estates Code, as effective
  January 1, 2014, is amended to read as follows:
         (a)  The court, by written order, shall require the executor
  or administrator of an estate to pay to the comptroller as provided
  by this subchapter the share of that estate of a person entitled to
  that share who does not demand the share, including any portion
  deposited in an account in the court's registry under Section
  362.011(c), from the executor or administrator within six months
  after the date of, as applicable:
               (1)  a court order approving the report of the
  commissioners of partition made under Section 360.154; or
               (2)  the settlement of the final account of the
  executor or administrator.
         SECTION 60.  Section 122.057, Estates Code, as effective
  January 1, 2014, is repealed.
         SECTION 61.  (a) The changes in law made by Section 111.051,
  Estates Code, as amended by this Act, and Section 111.054, Estates
  Code, as added by this Act, represent the fundamental policy of this
  state for the protection of its residents and are intended to
  prevail over the laws of another state or jurisdiction, to the
  extent those laws are in conflict with Texas law.
         (b)  The changes in law made by Section 111.051, Estates
  Code, as amended by this Act, and Section 111.054, Estates Code, as
  added by this Act, apply to an account at a financial institution,
  an insurance contract, an annuity contract, a retirement account, a
  beneficiary designation, or another similar arrangement of a person
  who dies on or after the effective date of this Act.
         SECTION 62.  (a) Section 21.005(b), Estates Code, as added
  by this Act, applies only to a will executed on or after the
  effective date of this Act. A will executed before the effective
  date of this Act is governed by the law in effect on the date the
  will was executed, and the former law is continued in effect for
  that purpose.
         (b)  The changes in law made by this Act to Sections 204.151
  and 204.152, Estates Code, apply only to a proceeding to declare
  heirship commenced on or after January 1, 2014. A proceeding to
  declare heirship commenced before that date 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.
         (c)  The changes in law made by this Act to Section
  304.001(c), Estates Code, apply only to an application for the
  grant of letters testamentary or of administration of a decedent's
  estate filed on or after January 1, 2014. An application for the
  grant of letters testamentary or of administration of a decedent's
  estate filed before that date is governed by the law in effect on
  the date the application was filed, and the former law is continued
  in effect for that purpose.
         (d)  The changes in law made by Sections 32.006, 256.052,
  256.053, 256.054, 256.152(c), 256.153, 256.154, 256.155(a),
  256.156, 256.203, 257.052, 257.053, 401.001(a), 401.004(d), and
  401.006, Estates Code, as amended by this Act, and Section 53.107,
  Estates Code, as added by this Act, apply only to an action filed or
  other proceeding commenced on or after the effective date of this
  Act. An action filed or other proceeding commenced before the
  effective date of this Act is governed by the law in effect on the
  date the action was filed or the proceeding was commenced, and the
  former law is continued in effect for that purpose.
         (e)  The changes in law made by Sections 51.203(c), 53.104,
  305.002(a), 305.003, 308.054(b), 309.051(a), 309.056, 309.103(a)
  and (b), 355.060, 361.155(b), 362.005, 362.011, 362.013,
  404.001(a), 404.003, 404.005(b) and (c), and 551.001(a), Estates
  Code, as amended by this Act, and Sections 253.001(c), 301.155,
  305.004, 309.057, 361.155(c), 404.0035, 404.0036, and 404.0037,
  Estates Code, as added 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.
         (f)  The changes in law made by Sections 102.004, 201.051,
  201.052(b), 202.004, 202.009, 202.056, 202.151, 353.101(d),
  403.055, 403.056(a), and 405.001(b), Estates Code, as amended by
  this Act, and Sections 201.052(a-1), 202.0025, and 202.057, 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.
         (g)  Section 202.0025, Estates Code, as added by this Act, is
  intended to clarify current law in regard to the commencement of
  proceedings to declare heirship, and an inference may not be made
  regarding the statute of limitations for a proceeding to declare
  heirship filed before the effective date of this Act.
         (h)  An inference may not be made from the changes in law made
  by this Act to Section 401.006, Estates Code, as to whether an
  independent executor had the authority to sell personal property of
  the estate in a probate proceeding filed before the effective date
  of this Act.
         SECTION 63.  To the extent of any conflict, this Act prevails
  over another Act of the 83rd Legislature, Regular Session, 2013,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 64.  This Act takes effect January 1, 2014.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2912 was passed by the House on May 2,
  2013, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2912 on May 24, 2013, by the following vote:  Yeas 145, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2912 was passed by the Senate, with
  amendments, on May 21, 2013, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor