|
|
|
|
AN ACT
|
|
relating to the promulgation of certain forms for use in probate |
|
matters. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter A, Chapter 22, Government Code, is |
|
amended by adding Section 22.020 to read as follows: |
|
Sec. 22.020. PROMULGATION OF CERTAIN PROBATE FORMS. |
|
(a) In this section: |
|
(1) "Probate court" has the meaning assigned by |
|
Section 22.007, Estates Code. |
|
(2) "Probate matter" has the meaning assigned by |
|
Section 22.029, Estates Code. |
|
(b) The supreme court shall, as the court considers |
|
appropriate, promulgate: |
|
(1) forms for use by individuals representing |
|
themselves in certain probate matters, including forms for use in: |
|
(A) a small estate affidavit proceeding under |
|
Chapter 205, Estates Code; and |
|
(B) the probate of a will as a muniment of title |
|
under Chapter 257, Estates Code; |
|
(2) a simple will form for: |
|
(A) a married individual with an adult child; |
|
(B) a married individual with a minor child; |
|
(C) a married individual with no children; |
|
(D) an unmarried individual with an adult child; |
|
(E) an unmarried individual with a minor child; |
|
and |
|
(F) an unmarried individual with no children; and |
|
(3) instructions for the proper use of each form or set |
|
of forms. |
|
(c) The forms and instructions: |
|
(1) must be written in plain language that is easy to |
|
understand by the general public; |
|
(2) shall be made readily available to the general |
|
public in the manner prescribed by the supreme court; and |
|
(3) must be translated into the Spanish language as |
|
provided by Subsection (d). |
|
(d) The Spanish language translation of a form must: |
|
(1) state: |
|
(A) that the Spanish language translated form is |
|
to be used solely for the purpose of assisting in understanding the |
|
form and may not be submitted to the probate court; and |
|
(B) that the English language version of the form |
|
must be submitted to the probate court; or |
|
(2) be incorporated into the English language version |
|
of the form in a manner that is understandable to both the probate |
|
court and members of the general public. |
|
(e) Each form and its instructions must clearly and |
|
conspicuously state that the form is not a substitute for the advice |
|
of an attorney. |
|
(f) The clerk of a probate court shall inform members of the |
|
general public of the availability of a form promulgated by the |
|
supreme court under this section as appropriate and make the form |
|
available free of charge. |
|
(g) A probate court shall accept a form promulgated by the |
|
supreme court under this section unless the form has been completed |
|
in a manner that causes a substantive defect that cannot be cured. |
|
SECTION 2. This Act takes effect September 1, 2015. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 512 passed the Senate on |
|
March 24, 2015, by the following vote: Yeas 30, Nays 1. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 512 passed the House on |
|
May 22, 2015, by the following vote: Yeas 138, Nays 2, two |
|
present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |