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AN ACT
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relating to an exception to the period of filing an application for |
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the grant of letters testamentary or of administration of a |
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decedent's estate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.002(b), Estates Code, is amended to |
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read as follows: |
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(b) This section does not apply if administration is |
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necessary to: |
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(1) receive or recover property due a decedent's |
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estate; or |
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(2) prevent real property in a decedent's estate from |
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becoming a danger to the health, safety, or welfare of the general |
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public and the applicant for the issuance of letters testamentary |
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or of administration is a home-rule municipality that is a creditor |
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of the estate. |
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SECTION 2. Section 301.151, Estates Code, is amended to |
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read as follows: |
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Sec. 301.151. GENERAL PROOF REQUIREMENTS. An applicant for |
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the issuance of letters testamentary or of administration of an |
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estate must prove to the court's satisfaction that: |
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(1) the person whose estate is the subject of the |
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application is dead; |
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(2) except as provided by Section 301.002(b)(2), four |
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years have not elapsed since the date of the decedent's death and |
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before the application; |
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(3) the court has jurisdiction and venue over the |
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estate; |
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(4) citation has been served and returned in the |
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manner and for the period required by this title; and |
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(5) the person for whom letters testamentary or of |
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administration are sought is entitled by law to the letters and is |
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not disqualified. |
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SECTION 3. Section 306.002(c), Estates Code, is amended to |
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read as follows: |
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(c) The court may find other instances of necessity for an |
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administration based on proof before the court, but a necessity is |
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considered to exist if: |
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(1) there are two or more debts against the estate; |
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(2) there is a desire for the county court to partition |
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the estate among the distributees; [or] |
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(3) the administration is necessary to receive or |
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recover funds or other property due the estate; or |
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(4) the administration is necessary to prevent real |
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property in a decedent's estate from becoming a danger to the |
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health, safety, or welfare of the general public. |
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SECTION 4. The changes in law made by this Act apply only to |
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an application for the grant of letters testamentary or of |
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administration of a decedent's estate filed on or after the |
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effective date of this Act. An application for the grant of letters |
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testamentary or of administration of a decedent's estate filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the application was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |
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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. 3160 was passed by the House on May 8, |
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2015, by the following vote: Yeas 140, Nays 2, 2 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. 3160 was passed by the Senate on May |
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23, 2015, by the following vote: Yeas 29, Nays 2. |
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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 |