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AN ACT
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relating to application requirements for certain probate |
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proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 256.052(a), Estates Code, is amended to |
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read as follows: |
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(a) An application for the probate of a will must state and |
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aver the following to the extent each is known to the applicant or |
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can, with reasonable diligence, be ascertained by the applicant: |
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(1) each applicant's name and domicile; |
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(1-a) the last three numbers of each applicant's |
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driver's license number and social security number, if applicable; |
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(2) the testator's name, domicile, and, if known, age, |
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on the date of the testator's death; |
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(2-a) the last three numbers of the testator's |
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driver's license number and social security number; |
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(3) the fact, date, and place of the testator's death; |
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(4) facts showing that the court with which the |
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application is filed has venue; |
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(5) that the testator owned property, including a |
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statement generally describing the property and the property's |
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probable value; |
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(6) the date of the will; |
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(7) the name, state of residence, and physical address |
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where service can be had of the executor named in the will or other |
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person to whom the applicant desires that letters be issued; |
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(8) the name of each subscribing witness to the will, |
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if any; |
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(9) whether one or more children born to or adopted by |
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the testator after the testator executed the will survived the |
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testator and, if so, the name of each of those children; |
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(10) whether a marriage of the testator was ever |
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dissolved after the will was made and, if so, when and from whom; |
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(11) whether the state, a governmental agency of the |
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state, or a charitable organization is named in the will as a |
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devisee; and |
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(12) that the executor named in the will, the |
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applicant, or another person to whom the applicant desires that |
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letters be issued is not disqualified by law from accepting the |
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letters. |
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SECTION 2. Section 257.051(a), Estates Code, is amended to |
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read as follows: |
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(a) An application for the probate of a will as a muniment of |
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title must state and aver the following to the extent each is known |
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to the applicant or can, with reasonable diligence, be ascertained |
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by the applicant: |
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(1) each applicant's name and domicile; |
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(1-a) the last three numbers of each applicant's |
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driver's license number and social security number, if applicable; |
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(2) the testator's name, domicile, and, if known, age, |
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on the date of the testator's death; |
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(2-a) the last three numbers of the testator's |
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driver's license number and social security number; |
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(3) the fact, date, and place of the testator's death; |
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(4) facts showing that the court with which the |
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application is filed has venue; |
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(5) that the testator owned property, including a |
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statement generally describing the property and the property's |
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probable value; |
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(6) the date of the will; |
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(7) the name, state of residence, and physical address |
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where service can be had of the executor named in the will; |
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(8) the name of each subscribing witness to the will, |
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if any; |
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(9) whether one or more children born to or adopted by |
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the testator after the testator executed the will survived the |
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testator and, if so, the name of each of those children; |
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(10) that the testator's estate does not owe an unpaid |
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debt, other than any debt secured by a lien on real estate; |
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(11) whether a marriage of the testator was ever |
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dissolved after the will was made and, if so, when and from whom; |
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and |
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(12) whether the state, a governmental agency of the |
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state, or a charitable organization is named in the will as a |
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devisee. |
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SECTION 3. Section 301.052, Estates Code, is amended to |
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read as follows: |
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Sec. 301.052. CONTENTS OF APPLICATION FOR LETTERS OF |
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ADMINISTRATION. (a) An application for letters of administration |
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when no will is alleged to exist must state: |
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(1) the applicant's name, domicile, and, if any, |
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relationship to the decedent; |
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(1-a) the last three numbers of: |
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(A) the applicant's driver's license number, if |
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applicable; and |
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(B) the applicant's social security number, if |
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applicable; |
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(2) the decedent's name and that the decedent died |
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intestate; |
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(2-a) if known by the applicant at the time the |
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applicant files the application, the last three numbers of the |
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decedent's driver's license number and social security number; |
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(3) the fact, date, and place of the decedent's death; |
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(4) facts necessary to show that the court with which |
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the application is filed has venue; |
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(5) whether the decedent owned property and, if so, |
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include a statement of the property's probable value; |
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(6) the name and address, if known, whether the heir is |
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an adult or minor, and the relationship to the decedent of each of |
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the decedent's heirs; |
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(7) if known by the applicant at the time the applicant |
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files the application, whether one or more children were born to or |
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adopted by the decedent and, if so, the name, birth date, and place |
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of birth of each child; |
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(8) if known by the applicant at the time the applicant |
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files the application, whether the decedent was ever divorced and, |
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if so, when and from whom; |
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(9) that a necessity exists for administration of the |
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decedent's estate and an allegation of the facts that show that |
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necessity; and |
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(10) that the applicant is not disqualified by law |
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from acting as administrator. |
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(b) If an applicant does not state the last three numbers of |
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the decedent's driver's license number or social security number |
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under Subsection (a)(2-a), the application must state the reason |
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the numbers are not stated. |
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SECTION 4. Sections 256.052(a), 257.051(a), and 301.052, |
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Estates Code, as amended by this Act, apply only to an application |
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for the probate of a will or for letters of administration that is |
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filed on or after the effective date of this Act. An application for |
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the probate of a will or for letters of administration filed before |
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that date is governed by the law in effect on the date the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |
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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. 1814 was passed by the House on April |
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27, 2017, by the following vote: Yeas 144, Nays 0, 3 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. 1814 was passed by the Senate on May |
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23, 2017, 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 |