Bill Text: TX HB1814 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to application requirements for certain probate proceedings.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1814 Detail]

Download: Texas-2017-HB1814-Enrolled.html

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H.B. No. 1814

AN ACT
relating to application requirements for certain probate
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 256.052(a), Estates Code, is amended to
read as follows:
(a) An application for the probate of a 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;
(1-a) the last three numbers of each applicant's
driver's license number and social security number, if applicable;
(2) the testator's name, domicile, and, if known, age,
on the date of the testator's death;
(2-a) the last three numbers of the testator's
driver's license number and social security number;
(3) the fact, date, 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 of the executor named in the will or other
person to whom the applicant desires that letters be issued;
(8) the name of each subscribing witness to the will,
if any;
(9) 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) whether a marriage of the testator was ever
dissolved after the will was made and, if so, when and from whom;
(11) whether the state, a governmental agency of the
state, or a charitable organization is named in the will as a
devisee; and
(12) 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 2. Section 257.051(a), Estates Code, is amended to
read as follows:
(a) An application for the probate of a will as a muniment of
title 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;
(1-a) the last three numbers of each applicant's
driver's license number and social security number, if applicable;
(2) the testator's name, domicile, and, if known, age,
on the date of the testator's death;
(2-a) the last three numbers of the testator's
driver's license number and social security number;
(3) the fact, date, 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 of the executor named in the will;
(8) the name of each subscribing witness to the will,
if any;
(9) 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) that the testator's estate does not owe an unpaid
debt, other than any debt secured by a lien on real estate;
(11) whether a marriage of the testator was ever
dissolved after the will was made and, if so, when and from whom;
and
(12) whether the state, a governmental agency of the
state, or a charitable organization is named in the will as a
devisee.
SECTION 3. Section 301.052, Estates Code, is amended to
read as follows:
Sec. 301.052. CONTENTS OF APPLICATION FOR LETTERS OF
ADMINISTRATION. (a) An application for letters of administration
when no will is alleged to exist must state:
(1) the applicant's name, domicile, and, if any,
relationship to the decedent;
(1-a) the last three numbers of:
(A) the applicant's driver's license number, if
applicable; and
(B) the applicant's social security number, if
applicable;
(2) the decedent's name and that the decedent died
intestate;
(2-a) if known by the applicant at the time the
applicant files the application, the last three numbers of the
decedent's driver's license number and social security number;
(3) the fact, date, and place of the decedent's death;
(4) facts necessary to show that the court with which
the application is filed has venue;
(5) whether the decedent owned property and, if so,
include a statement of the property's probable value;
(6) the name and address, if known, whether the heir is
an adult or minor, and the relationship to the decedent of each of
the decedent's heirs;
(7) if known by the applicant at the time the applicant
files the application, whether one or more children were born to or
adopted by the decedent and, if so, the name, birth date, and place
of birth of each child;
(8) if known by the applicant at the time the applicant
files the application, whether the decedent was ever divorced and,
if so, when and from whom;
(9) that a necessity exists for administration of the
decedent's estate and an allegation of the facts that show that
necessity; and
(10) that the applicant is not disqualified by law
from acting as administrator.
(b) If an applicant does not state the last three numbers of
the decedent's driver's license number or social security number
under Subsection (a)(2-a), the application must state the reason
the numbers are not stated.
SECTION 4. Sections 256.052(a), 257.051(a), and 301.052,
Estates Code, as amended by this Act, apply only to an application
for the probate of a will or for letters of administration that is
filed on or after the effective date of this Act. An application for
the probate of a will or for letters of administration 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.
SECTION 5. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1814 was passed by the House on April
27, 2017, by the following vote: Yeas 144, Nays 0, 3 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1814 was passed by the Senate on May
23, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor