|
|
|
|
AN ACT
|
|
relating to procedures and fees for the deposit and safekeeping of |
|
wills. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 252.001, Estates Code, is amended by |
|
adding Subsection (a-1) and amending Subsection (b) to read as |
|
follows: |
|
(a-1) An attorney, business entity, or other person in |
|
possession of a testator's will may deposit the will with the county |
|
clerk of the county of the testator's last known residence if the |
|
attorney, business entity, or other person is unable to maintain |
|
custody of the will and, after a diligent search, the attorney, |
|
business entity, or other person is not able to contact or locate |
|
the testator. The attorney, business entity, or other person shall |
|
provide to the county clerk at the time the will is deposited: |
|
(1) the name and last known address of the testator; |
|
and |
|
(2) if the will names an executor, the name and last |
|
known address, if available, of each executor named in the will, |
|
including any alternate executors. |
|
(b) The county clerk shall receive and keep a [the] will |
|
deposited under this section on the payment of a $5 fee. |
|
SECTION 2. Section 252.002, Estates Code, is amended by |
|
amending Subsection (b) and adding Subsection (c) to read as |
|
follows: |
|
(b) The wrapper of a will deposited under Section 252.001(a) |
|
must be endorsed with: |
|
(1) "Will of," followed by the name, address, and |
|
signature of the testator; and |
|
(2) the name and current address of each person who is |
|
to be notified of the deposit of the will after the testator's |
|
death. |
|
(c) The wrapper of a will deposited under Section |
|
252.001(a-1) must be endorsed with: |
|
(1) "Will of," followed by the name and last known |
|
address of the testator; and |
|
(2) if the will names an executor, the name and last |
|
known address, if available, of each executor named in the will, |
|
including any alternate executors. |
|
SECTION 3. Section 252.101, Estates Code, is amended to |
|
read as follows: |
|
Sec. 252.101. NOTIFICATION BY COUNTY CLERK. A county clerk |
|
shall notify[, by registered mail, return receipt requested,] each |
|
person named on the endorsement of the will wrapper that the will is |
|
on deposit in the clerk's office if: |
|
(1) an affidavit is submitted to the clerk stating |
|
that the testator has died; or |
|
(2) the clerk receives other notice or proof of the |
|
testator's death sufficient to convince the clerk that the testator |
|
has died. |
|
SECTION 4. Section 252.104, Estates Code, is amended to |
|
read as follows: |
|
Sec. 252.104. NOTICE AND DELIVERY OF WILL TO EXECUTOR. If a |
|
county clerk inspects a will under Section 252.103 and the will |
|
names an executor, the clerk shall: |
|
(1) notify the person named as executor[, by
|
|
registered mail, return receipt requested,] that the will is on |
|
deposit with the clerk; and |
|
(2) deliver, on request, the will to the person named |
|
as executor. |
|
SECTION 5. Section 252.105(a), Estates Code, is amended to |
|
read as follows: |
|
(a) If a county clerk inspects a will under Section 252.103, |
|
the clerk shall notify [by registered mail, return receipt
|
|
requested,] the devisees named in the will that the will is on |
|
deposit with the clerk if: |
|
(1) the will does not name an executor; |
|
(2) the person named as executor in the will: |
|
(A) has died; or |
|
(B) fails to take the will before the 31st day |
|
after the date the notice required by Section 252.104 is mailed to |
|
the person; or |
|
(3) the notice mailed to the person named as executor |
|
is returned as undelivered. |
|
SECTION 6. Section 252.151, Estates Code, is amended to |
|
read as follows: |
|
Sec. 252.151. DEPOSIT HAS NO LEGAL SIGNIFICANCE. The |
|
provisions of Subchapter A providing for the deposit of a will with |
|
a county clerk [during the lifetime of a testator] are solely for |
|
the purpose of providing a safe and convenient repository for a |
|
will. For purposes of probate, a will deposited as provided by |
|
Subchapter A may not be treated differently than a will that has not |
|
been deposited. |
|
SECTION 7. Section 252.201, Estates Code, is amended to |
|
read as follows: |
|
Sec. 252.201. WILL DELIVERY. (a) On receiving notice of a |
|
testator's death, the person who has custody of the testator's will |
|
shall deliver the will to the clerk of the court that has |
|
jurisdiction of the testator's estate. |
|
(b) The clerk of the court shall handle the will in the same |
|
manner prescribed by Subchapter A for a will deposited under |
|
Section 252.001 other than collection of a fee under Section |
|
252.001(b). |
|
SECTION 8. Subchapter E, Chapter 252, Estates Code, is |
|
amended by adding Section 252.2015 to read as follows: |
|
Sec. 252.2015. NOTICE AND DELIVERY OF WILL TO EXECUTOR OR |
|
DEVISEES. (a) On the deposit of a will under Section 252.201 that |
|
names an executor, the clerk of the court shall: |
|
(1) notify the person named as executor in the manner |
|
prescribed by Section 252.104; and |
|
(2) deliver, on request, the will to the person named |
|
as executor. |
|
(b) On the deposit of a will under Section 252.201, the |
|
clerk of the court shall notify the devisees named in the will in |
|
the manner prescribed by Section 252.105(a) if: |
|
(1) the will does not name an executor; |
|
(2) the person named as executor in the will: |
|
(A) has died; or |
|
(B) fails to take the will before the 31st day |
|
after the date the notice required by Subsection (a) is mailed to |
|
the person; or |
|
(3) the notice mailed to the person named as executor |
|
is returned as undelivered. |
|
(c) On request, the clerk of the court shall deliver the |
|
will to any or all of the devisees notified under Subsection (b). |
|
SECTION 9. Section 101.0815, Government Code, is amended to |
|
read as follows: |
|
Sec. 101.0815. STATUTORY COUNTY COURT FEES AND COSTS: |
|
ESTATES CODE. The clerk of a statutory county court shall collect |
|
fees and costs under the Estates Code as follows: |
|
(1) fee for deposit of a will with the county clerk by |
|
a testator or another person for a testator during the testator's |
|
lifetime or by an attorney, business entity, or other person unable |
|
to maintain custody of a testator's will and unable to contact or |
|
locate the testator (Sec. 252.001, Estates Code) . . . $5; |
|
(2) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 53.052, Estates Code) . . . probable cost of the |
|
proceeding; |
|
(3) fee on filing an application, complaint, petition, |
|
or other paper in a guardianship proceeding, which includes a |
|
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates |
|
Code) . . . cost of filing and payment of attorney ad litem; |
|
(4) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 1053.052, Estates Code) |
|
. . . probable cost of the guardianship proceeding; |
|
(5) nonrefundable fee to cover the cost of |
|
administering Subchapter G, Chapter 1104, Estates Code |
|
(Sec. 1104.303, Estates Code) . . . $40; and |
|
(6) costs for attorney ad litem appointed to pursue |
|
the restoration of a ward's capacity or modification of the ward's |
|
guardianship (Sec. 1202.102, Estates Code) . . . reasonable |
|
compensation. |
|
SECTION 10. Section 101.1014, Government Code, is amended |
|
to read as follows: |
|
Sec. 101.1014. STATUTORY PROBATE COURT FEES AND COSTS: |
|
ESTATES CODE. The clerk of a statutory probate court shall collect |
|
fees and costs under the Estates Code as follows: |
|
(1) fee for deposit of a will with the county clerk by |
|
a testator or another person for a testator during the testator's |
|
lifetime or by an attorney, business entity, or other person unable |
|
to maintain custody of a testator's will and unable to contact or |
|
locate the testator (Sec. 252.001, Estates Code) . . . $5; |
|
(2) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 53.052, Estates Code) . . . probable cost of the |
|
proceeding; |
|
(3) fee on filing an application, complaint, petition, |
|
or other paper in a guardianship proceeding, which includes a |
|
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates |
|
Code) . . . cost of filing and payment of attorney ad litem; |
|
(4) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 1053.052, Estates Code) |
|
. . . probable cost of the guardianship proceeding; |
|
(5) nonrefundable fee to cover the cost of |
|
administering Subchapter G, Chapter 1104, Estates Code |
|
(Sec. 1104.303, Estates Code) . . . $40; and |
|
(6) costs for attorney ad litem appointed to pursue |
|
the restoration of a ward's capacity or modification of the ward's |
|
guardianship (Sec. 1202.102, Estates Code) . . . reasonable |
|
compensation. |
|
SECTION 11. Section 101.1215, Government Code, is amended |
|
to read as follows: |
|
Sec. 101.1215. COUNTY COURT FEES AND COSTS: ESTATES CODE. |
|
The clerk of a county court shall collect the following fees and |
|
costs under the Estates Code: |
|
(1) fee for deposit of a will with the county clerk by |
|
a testator or another person for a testator during the testator's |
|
lifetime or by an attorney, business entity, or other person unable |
|
to maintain custody of a testator's will and unable to contact or |
|
locate the testator (Sec. 252.001, Estates Code) . . . $5; |
|
(2) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 53.052, Estates Code) . . . probable cost of the |
|
proceeding; |
|
(3) fee on filing an application, complaint, petition, |
|
or other paper in a guardianship proceeding, which includes a |
|
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates |
|
Code) . . . cost of filing and payment of attorney ad litem; |
|
(4) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 1053.052, Estates Code) |
|
. . . probable cost of the guardianship proceeding; |
|
(5) nonrefundable fee to cover the cost of |
|
administering Subchapter G, Chapter 1104, Estates Code |
|
(Sec. 1104.303, Estates Code) . . . $40; and |
|
(6) costs for attorney ad litem appointed to pursue |
|
the restoration of a ward's capacity or modification of the ward's |
|
guardianship (Sec. 1202.102, Estates Code) . . . reasonable |
|
compensation. |
|
SECTION 12. Section 118.052, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 118.052. FEE SCHEDULE. Each clerk of a county court |
|
shall collect the following fees for services rendered to any |
|
person: |
|
(1) CIVIL COURT ACTIONS |
|
(A) Filing of Original Action (Sec. 118.053): |
|
(i) Garnishment after judgment . . . $15.00 |
|
(ii) All others . . . $40.00 |
|
(B) Filing of Action Other than Original (Sec. |
|
118.054) . . . $30.00 |
|
(C) Services Rendered After Judgment in Original |
|
Action (Sec. 118.0545): |
|
(i) Abstract of judgment . . . $ 5.00 |
|
(ii) Execution, order of sale, writ, or |
|
other process . . . $ 5.00 |
|
(2) PROBATE COURT ACTIONS |
|
(A) Probate Original Action (Sec. 118.055): |
|
(i) Probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title . . . $40.00 |
|
(ii) Community survivors . . . $40.00 |
|
(iii) Small estates . . . $40.00 |
|
(iv) Declarations of heirship . . . $40.00 |
|
(v) Mental health or chemical dependency |
|
services . . . $40.00 |
|
(vi) Additional, special fee (Sec. 118.064) |
|
. . . $ 5.00 |
|
(B) Services in Pending Probate Action (Sec. |
|
118.056): |
|
(i) Filing an inventory and appraisement as |
|
provided by Section 118.056(d) . . . $25.00 |
|
(ii) Approving and recording bond . . . |
|
$ 3.00 |
|
(iii) Administering oath . . . $ 2.00 |
|
(iv) Filing annual or final account of |
|
estate . . . $25.00 |
|
(v) Filing application for sale of real or |
|
personal property . . . $25.00 |
|
(vi) Filing annual or final report of |
|
guardian of a person . . . $10.00 |
|
(vii) Filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first, if more than |
|
25 pages . . . $25.00 |
|
(C) Adverse Probate Action (Sec. 118.057) . . . |
|
$40.00 |
|
(D) Claim Against Estate (Sec. 118.058) . . . |
|
$10.00 |
|
(E) Supplemental Court-Initiated Guardianship |
|
Fee in Probate Original Actions and Adverse Probate Actions |
|
(Sec. 118.067) . . . $20.00 |
|
(F) Supplemental Public Probate Administrator |
|
Fee For Counties That Have Appointed a Public Probate Administrator |
|
(Sec. 118.068) . . . $10.00 |
|
(3) OTHER FEES |
|
(A) Issuing Document (Sec. 118.059): |
|
original document and one copy . . . $ 4.00 |
|
each additional set of an original and one copy . . . $ 4.00 |
|
(B) Certified Papers (Sec. 118.060): |
|
for the clerk's certificate . . . $ 5.00 |
|
plus a fee per page or part of a page of . . . $ 1.00 |
|
(C) Noncertified Papers (Sec. 118.0605): |
|
for each page or part of a page . . . $ 1.00 |
|
(D) Letters Testamentary, Letter of |
|
Guardianship, Letter of Administration, or Abstract of Judgment |
|
(Sec. 118.061) . . . $ 2.00 |
|
(E) Deposit and Safekeeping of Wills (Sec. |
|
118.062) . . . $ 5.00 |
|
(F) Mail Service of Process (Sec. 118.063) . . . |
|
same as sheriff |
|
(G) Records Management and Preservation Fee |
|
. . . $ 5.00 |
|
(H) Records Technology and Infrastructure Fee if |
|
authorized by the commissioners court of the county (Sec. 118.026) |
|
. . . $ 2.00 |
|
SECTION 13. Section 118.062, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 118.062. DEPOSIT AND SAFEKEEPING OF WILLS. The fee for |
|
"Deposit and Safekeeping of Wills" under Section 118.052(3) is for |
|
receiving [filing] and keeping wills deposited [held] for |
|
safekeeping. The fee must be paid at the time the will is deposited |
|
with the county clerk [filed]. |
|
SECTION 14. Sections 252.001 and 252.201, Estates Code, as |
|
amended by this Act, and Section 252.2015, Estates Code, as added by |
|
this Act, apply to a will deposited with or delivered to a clerk |
|
described by those sections on or after the effective date of this |
|
Act. A will deposited with or delivered to a clerk described by |
|
those sections before the effective date of this Act is governed by |
|
the law in effect on the date the will was deposited or delivered, |
|
and the former law is continued in effect for that purpose. |
|
SECTION 15. This Act takes effect September 1, 2017. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2207 was passed by the House on May 4, |
|
2017, by the following vote: Yeas 142, Nays 1, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 2207 on May 21, 2017, by the following vote: Yeas 131, Nays 8, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 2207 was passed by the Senate, with |
|
amendments, on May 19, 2017, by the following vote: Yeas 30, Nays |
|
1. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |