82R442 MTB-F
	By: Hartnett	H.B. No. 2046

	A BILL TO BE ENTITLED
	AN ACT
	relating to decedents' estates.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. CHANGES TO TEXAS PROBATE CODE
	SECTION 1.01.  Section 4D, Texas Probate Code, is amended by
	adding Subsections (b-1) and (b-2) and amending Subsections (e),
	(f), (g), and (i) to read as follows:
	(b-1)  If a judge of a county court requests the assignment
	of a statutory probate court judge to hear a contested matter in a
	probate proceeding on the judge's own motion or on the motion of a
	party to the proceeding as provided by this section, the judge may
	request that the statutory probate court judge be assigned to the
	entire proceeding on the judge's own motion or on the motion of a
	party.
	(b-2)  If a judge of a county court transfers a contested
	matter in a probate proceeding to a district court on the judge's
	own motion or on the motion of a party to the proceeding as provided
	by this section, the judge may transfer the entire proceeding to
	that court on the judge's own motion or on the motion of a party. A
	district court to which an entire probate proceeding is transferred
	as provided by this subsection may hear the proceeding as if
	originally filed in that court.
	(e)  A statutory probate court judge assigned to a contested
	matter in a probate proceeding or to the entire proceeding under
	this section has the jurisdiction and authority granted to a
	statutory probate court by this code.  A statutory probate court
	judge assigned to hear only the contested matter in a probate
	proceeding shall, on [On] resolution of the [a contested] matter
	[for which a statutory probate court judge is assigned under this
	section], including any appeal of the matter, [the statutory
	probate court judge shall] return the matter to the county court for
	further proceedings not inconsistent with the orders of the
	statutory probate court or court of appeals, as applicable. A
	statutory probate court judge assigned to the entire probate
	proceeding as provided by Subsection (b-1) of this section shall,
	on resolution of the contested matter in the proceeding, including
	an appeal of the matter, return the entire proceeding to the county
	court for further proceedings not inconsistent with the orders of
	the statutory probate court or court of appeals, as applicable.
	(f)  A district court to which a contested matter in a
	probate proceeding or the entire proceeding is transferred under
	this section has the jurisdiction and authority granted to a
	statutory probate court by this code.  A district court to which
	only the contested matter is transferred shall, on [On] resolution
	of the [a contested] matter [transferred to the district court
	under this section], including any appeal of the matter, [the
	district court shall] return the matter to the county court for
	further proceedings not inconsistent with the orders of the
	district court or court of appeals, as applicable. A district court
	to which an entire probate proceeding is transferred as provided by
	Subsection (b-2) of this section shall, on resolution of the
	contested matter in the proceeding, including an appeal of the
	matter, return the entire proceeding to the county court for
	further proceedings not inconsistent with the orders of the
	district court or court of appeals, as applicable.
	(g)  If only the contested matter in a probate proceeding is
	assigned to a statutory probate court judge or transferred to a
	district court under this section, the [The] county court shall
	continue to exercise jurisdiction over the management of the
	estate, other than a contested matter, until final disposition of
	the contested matter is made in accordance with this section.  Any
	[After a contested matter is transferred to a district court, any]
	matter related to a [the] probate proceeding in which only a
	contested matter is transferred to a district court may be brought
	in the district court.  The district court in which a matter
	related to the [probate] proceeding is filed may, on its own motion
	or on the motion of any party, find that the matter is not a
	contested matter and transfer the matter to the county court with
	jurisdiction of the management of the estate.
	(i)  The clerk of a district court to which a contested
	matter in a probate proceeding or the entire proceeding is
	transferred under this section may perform in relation to the
	transferred [contested] matter or proceeding, as applicable, any
	function a county clerk may perform with respect to that type of
	matter or proceeding.
	SECTION 1.02.  Section 4H, Texas Probate Code, is amended to
	read as follows:
	Sec. 4H.  CONCURRENT JURISDICTION WITH DISTRICT COURT.  A
	statutory probate court has concurrent jurisdiction with the
	district court in:
	(1)  a personal injury, survival, or wrongful death
	action by or against a person in the person's capacity as a personal
	representative;
	(2)  an action by or against a trustee;
	(3)  an action involving an inter vivos trust,
	testamentary trust, or charitable trust, including a charitable
	trust as defined by Section 123.001, Property Code;
	(4)  an action involving a personal representative of
	an estate in which each other party aligned with the personal
	representative is not an interested person in that estate;
	(5)  an action against an agent or former agent under a
	power of attorney arising out of the agent's performance of the
	duties of an agent; and
	(6)  an action to determine the validity of a power of
	attorney or to determine an agent's rights, powers, or duties under
	a power of attorney.
	SECTION 1.03.  The heading to Section 5B, Texas Probate
	Code, is amended to read as follows:
	Sec. 5B.  TRANSFER TO STATUTORY PROBATE COURT OF PROCEEDING
	RELATED TO PROBATE PROCEEDING.
	SECTION 1.04.  Section 6, Texas Probate Code, is amended to
	read as follows:
	Sec. 6.  VENUE: [FOR] PROBATE OF WILLS AND GRANTING OF
	LETTERS TESTAMENTARY AND OF ADMINISTRATION [OF ESTATES OF
	DECEDENTS]. Wills shall be admitted to probate, and letters
	testamentary or of administration shall be granted:
	(1)  in [(a) In] the county where the decedent
	[deceased] resided, if the decedent [he] had a domicile or fixed
	place of residence in this State; [.]
	(2)  if [(b) If] the decedent [deceased] had no
	domicile or fixed place of residence in this State but died in this
	State, then either in the county where the decedent's [his]
	principal estate [property] was at the time of the decedent's [his]
	death, or in the county where the decedent [he] died; or [.]
	(3)  if the decedent [(c) If he] had no domicile or
	fixed place of residence in this State, and died outside the limits
	of this State:
	(A)  [, then] in any county in this State where the
	decedent's [his] nearest of kin reside; or [.]
	(B)  [(d) But] if there are [he had] no kindred of
	the decedent in this State, then in the county where the decedent's
	[his] principal estate was situated at the time of the decedent's
	[his] death.
	[(e)     In the county where the applicant resides, when
	administration is for the purpose only of receiving funds or money
	due to a deceased person or his estate from any governmental source
	or agency; provided, that unless the mother or father or spouse or
	adult child of the deceased is applicant, citation shall be served
	personally on the living parents and spouses and adult children, if
	any, of the deceased person, or upon those who are alive and whose
	addresses are known to the applicant.]
	SECTION 1.05.  Chapter I, Texas Probate Code, is amended by
	adding Sections 6A, 6B, and 6C to read as follows:
	Sec. 6A.  VENUE: ACTION RELATED TO PROBATE PROCEEDING IN
	STATUTORY PROBATE COURT. Except as provided by Section 6B of this
	code, venue for any cause of action related to a probate proceeding
	pending in a statutory probate court is proper in the statutory
	probate court in which the decedent's estate is pending.
	Sec. 6B.  VENUE: CERTAIN ACTIONS INVOLVING PERSONAL
	REPRESENTATIVE. Notwithstanding any other provision of this
	chapter, the proper venue for an action by or against a personal
	representative for personal injury, death, or property damages is
	determined under Section 15.007, Civil Practice and Remedies Code.
	Sec. 6C.  VENUE: HEIRSHIP PROCEEDINGS. (a)  Venue for a
	proceeding to determine a decedent's heirs is in:
	(1)  the court of the county in which a proceeding
	admitting the decedent's will to probate or administering the
	decedent's estate was most recently pending; or
	(2)  the court of the county in which venue would be
	proper for commencement of an administration of the decedent's
	estate under Section 6 of this code if:
	(A)  no will of the decedent has been admitted to
	probate in this state and no administration of the decedent's
	estate has been granted in this state; or
	(B)  the proceeding is commenced by the trustee of
	a trust holding assets for the benefit of the decedent.
	(b)  Notwithstanding Subsection (a) of this section and
	Section 6 of this code, if there is no administration pending of the
	estate of a deceased ward who died intestate, venue for a proceeding
	to determine the deceased ward's heirs is in the probate court in
	which the guardianship proceedings with respect to the ward's
	estate were pending on the date of the ward's death. A proceeding
	described by this subsection may be brought as part of the
	guardianship proceedings with respect to the ward's estate, and the
	court may determine the heirs' respective shares and interests in
	the estate as provided by the laws of this state.
	SECTION 1.06.  Chapter I, Texas Probate Code, is amended by
	amending Section 8 and adding Sections 8A and 8B to read as follows:
	Sec. 8.  CONCURRENT VENUE IN PROBATE PROCEEDING [AND
	TRANSFER OF PROCEEDINGS]. (a)  Concurrent Venue.  When two or more
	courts have concurrent venue of [an estate or] a probate proceeding
	[to declare heirship under Section 48(a) of this code], the court in
	which the application for the [a] proceeding [in probate or
	determination of heirship] is first filed shall have and retain
	jurisdiction of the [estate or heirship] proceeding[, as
	appropriate,] to the exclusion of the other court or courts.  The
	proceeding shall be deemed commenced by the filing of an
	application averring facts sufficient to confer venue; and the
	proceeding first legally commenced shall extend to all of the
	property of the decedent or the decedent's estate.  Provided,
	however, that a bona fide purchaser of real property in reliance on
	any such subsequent proceeding, without knowledge of its
	invalidity, shall be protected in such purchase unless before the
	purchase the decree admitting the will to probate, determining
	heirship, or granting administration in the prior proceeding is
	[shall be] recorded in the office of the county clerk of the county
	in which such property is located.
	(b)  Probate Proceedings in More Than One County.  If probate
	proceedings involving the same estate are [a proceeding in probate
	or to declare heirship under Section 48(a) of this code is]
	commenced in more than one county, each [the] proceeding commenced
	in a county other than the county in which a proceeding was first
	commenced is [shall be] stayed [except in the county where first
	commenced] until final determination of venue by the court in the
	county where first commenced.  If the proper venue is finally
	determined to be in another county, the clerk, after making and
	retaining a true copy of the entire file in the case, shall transmit
	the original file to the proper county, and the proceeding shall
	thereupon be had in the proper county in the same manner as if the
	proceeding had originally been instituted therein.
	(c)  Jurisdiction to Determine Venue.  Subject to
	Subsections (a) and (b) of this section, a court in which an
	application for a probate proceeding is filed has jurisdiction to
	determine venue for the proceeding and for any matter related to the
	proceeding. A court's determination under this subsection is not
	subject to collateral attack.
	Sec. 8A.  TRANSFER OF VENUE IN PROBATE PROCEEDING [Transfer
	of Proceeding]. (a) [(1)]  Transfer for Want of Venue.  If it
	appears to the court at any time before the final decree in a
	probate proceeding that the proceeding was commenced in a court
	which did not have priority of venue over such proceeding, the court
	shall, on the application of any interested person, transfer the
	proceeding to the proper county by transmitting to the proper court
	in such county the original file in such case, together with
	certified copies of all entries in the judge's probate docket
	theretofore made, and the proceeding [probate of the will,
	determination of heirship, or administration of the estate] in such
	county shall be completed in the same manner as if the proceeding
	had originally been instituted therein;  but, if the question as to
	priority of venue is not raised before final decree in the
	proceedings is announced, the finality of such decree shall not be
	affected by any error in venue.
	(b) [(2)]  Transfer for Convenience [of the Estate].  If it
	appears to the court at any time before a probate proceeding [the
	estate is closed or, if there is no administration of the estate,
	when the proceeding in probate or to declare heirship] is concluded
	that it would be in the best interest of the estate or, if there is
	no administration of the estate, that it would be in the best
	interest of the heirs or beneficiaries of the decedent's will, the
	court, in its discretion, may order the proceeding transferred to
	the proper court in any other county in this State.  The clerk of the
	court from which the proceeding is transferred shall transmit to
	the court to which the proceeding is transferred the original file
	in the proceeding and a certified copy of the index.
	Sec. 8B.  VALIDATION OF PRIOR PROCEEDINGS [(d) Validation of
	Prior Proceedings].  When a probate proceeding is transferred to
	another county under any provision of [this] Section 8 or 8A of this
	Code, all orders entered in connection with the proceeding shall be
	valid and shall be recognized in the second court, provided such
	orders were made and entered in conformance with the procedure
	prescribed by this Code.
	[(e)     Jurisdiction to Determine Venue.   Any court in which
	there has been filed an application for a proceeding in probate or
	determination of heirship shall have full jurisdiction to determine
	the venue of the proceeding in probate or heirship proceeding, and
	of any proceeding relating thereto, and its determination shall not
	be subject to collateral attack.]
	SECTION 1.07.  Section 15, Texas Probate Code, is amended to
	read as follows:
	Sec. 15.  CASE FILES. The county clerk shall maintain a case
	file for each decedent's estate in which a probate proceeding has
	been filed. The case file must contain all orders, judgments, and
	proceedings of the court and any other probate filing with the
	court, including all:
	(1)  applications for the probate of wills and for the
	granting of administration;
	(2)  citations and notices, whether published or
	posted, with the returns thereon;
	(3)  wills and the testimony upon which the same are
	admitted to probate, provided that the substance only of
	depositions shall be recorded;
	(4)  bonds and official oaths;
	(5)  inventories, appraisements, and lists of claims;
	(5-a) affidavits in lieu of inventories, appraisements,
	and lists of claims;
	(6)  exhibits and accounts;
	(7)  reports of hiring, renting, or sale;
	(8)  applications for sale or partition of real estate
	and reports of sale and of commissioners of partition;
	(9)  applications for authority to execute leases for
	mineral development, or for pooling or unitization of lands,
	royalty, or other interest in minerals, or to lend or invest money;
	and
	(10)  reports of lending or investing money.
	SECTION 1.08.  Section 37A(i), Texas Probate Code, is
	amended to read as follows:
	(i)  Notice of Disclaimer.  Unless the beneficiary is a
	charitable organization or governmental agency of the state, copies
	of any written memorandum of disclaimer shall be delivered in
	person to, or shall be mailed by registered or certified mail to and
	received by, the legal representative of the transferor of the
	interest or the holder of legal title to the property to which the
	disclaimer relates not later than nine months after the death of the
	decedent or, if the interest is a future interest, not later than
	nine months after the date the person who will receive the property
	or interest is finally ascertained and the person's interest is
	indefeasibly vested.  If the beneficiary is a charitable
	organization or government agency of the state, the notices
	required by this section shall be filed not later than the later of:
	(1)  the first anniversary of the date the beneficiary
	receives the notice required by Section 128A of this code;[,] or
	(2)  the expiration of the six-month period following
	the date the personal representative files:
	(A)  the inventory, appraisement, and list of
	claims due or owing to the estate; or
	(B)  the affidavit in lieu of the inventory,
	appraisement, and list of claims[, whichever occurs later].
	SECTION 1.09.  The heading to Section 48, Texas Probate
	Code, is amended to read as follows:
	Sec. 48.  PROCEEDINGS TO DECLARE HEIRSHIP. [WHEN AND WHERE
	INSTITUTED.]
	SECTION 1.10.  Section 48(a), Texas Probate Code, is amended
	to read as follows:
	(a)  When a person dies intestate owning or entitled to real
	or personal property in Texas, and there shall have been no
	administration in this State upon the person's [his] estate; or
	when it is necessary for the trustee of a trust holding assets for
	the benefit of a decedent to determine the heirs of the decedent; or
	when there has been a will probated in this State or elsewhere, or
	an administration in this State upon the estate of such decedent,
	and any real or personal property in this State has been omitted
	from such will or from such administration, or no final disposition
	thereof has been made in such administration, the court of the
	county in which [such proceedings were last pending, or in the event
	no will of such decedent has been admitted to probate in this State,
	and no administration has been granted in this State upon the estate
	of such decedent, then the court of the county in which] venue would
	be proper [for commencement of an administration of the decedent's
	estate] under Section 6C [6] of this code[,] may determine and
	declare in the manner hereinafter provided who are the heirs and
	only heirs of such decedent, and their respective shares and
	interests, under the laws of this State, in the estate of such
	decedent or, if applicable, in the trust, and proceedings therefor
	shall be known as proceedings to declare heirship.
	SECTION 1.11.  Section 49(a), Texas Probate Code, is amended
	to read as follows:
	(a)  Such proceedings may be instituted and maintained under
	a circumstance specified in Section 48(a) of this code [in any of
	the instances enumerated above] by the qualified personal
	representative of the estate of such decedent, by a party seeking
	the appointment of an independent administrator under Section 145
	of this code, by the trustee of a trust holding assets for the
	benefit of the decedent, by any person or persons claiming to be a
	secured creditor or the owner of the whole or a part of the estate of
	such decedent, or by the guardian of the estate of a ward, if the
	proceedings are instituted and maintained in the probate court in
	which the proceedings for the guardianship of the estate were
	pending at the time of the death of the ward. In such a case an
	application shall be filed in a proper court stating the following
	information:
	(1)  the name of the decedent and the time and place of
	death;
	(2)  the names and residences of the decedent's heirs,
	the relationship of each heir to the decedent, and the true interest
	of the applicant and each of the heirs in the estate of the decedent
	or in the trust, as applicable;
	(3)  all the material facts and circumstances within
	the knowledge and information of the applicant that might
	reasonably tend to show the time or place of death or the names or
	residences of all heirs, if the time or place of death or the names
	or residences of all the heirs are not definitely known to the
	applicant;
	(4)  a statement that all children born to or adopted by
	the decedent have been listed;
	(5)  a statement that each marriage of the decedent has
	been listed with the date of the marriage, the name of the spouse,
	and if the marriage was terminated, the date and place of
	termination, and other facts to show whether a spouse has had an
	interest in the property of the decedent;
	(6)  whether the decedent died testate and if so, what
	disposition has been made of the will;
	(7)  a general description of all the real and personal
	property belonging to the estate of the decedent or held in trust
	for the benefit of the decedent, as applicable; and
	(8)  an explanation for the omission of any of the
	foregoing information that is omitted from the application.
	SECTION 1.12.  Section 59, Texas Probate Code, is amended by
	adding Subsection (a-1) and amending Subsection (b) to read as
	follows:
	(a-1)  As an alternative to the self-proving of a will by the
	affidavits of the testator and the attesting witnesses under
	Subsection (a) of this section, a will may be simultaneously
	executed, attested, and made self-proved before an officer
	authorized to administer oaths under the laws of this state, and the
	testimony of the witnesses in the probate of the will may be made
	unnecessary, with the inclusion in the will of the following in form
	and contents substantially as follows:
	I, ______________________, as testator, after being duly
	sworn, declare to the undersigned witnesses and to the undersigned
	authority that this instrument is my will, that I have willingly
	made and executed it in the presence of the undersigned witnesses,
	all of whom were present at the same time, as my free act and deed,
	and that I have requested each of the undersigned witnesses to sign
	this will in my presence and in the presence of each other.  I now
	sign this will in the presence of the attesting witnesses and the
	undersigned authority on this ______ day of __________,
	20________________.
	____________________________________
	Testator
	The undersigned, __________ and __________, each being above
	fourteen years of age, after being duly sworn, declare to the
	testator and to the undersigned authority that the testator
	declared to us that this instrument is the testator's will and that
	the testator requested us to act as witnesses to the testator's will
	and signature.  The testator then signed this will in our presence,
	all of us being present at the same time.  The testator is eighteen
	years of age or over (or being under such age, is or has been
	lawfully married, or is a member of the armed forces of the United
	States or of an auxiliary thereof or of the Maritime Service), and
	we believe the testator to be of sound mind. We now sign our names as
	attesting witnesses in the presence of the testator, each other,
	and the undersigned authority on this __________ day of __________,
	20______________.
	___________________________
	Witness
	___________________________
	Witness
	Subscribed and sworn to before me by the said _________,
	testator, and by the said _____________ and ______________,
	witnesses, this _____ day of __________, 20____________.
	(SEAL)
	(Signed) __________________
	(Official Capacity of Officer)
	(b)  An affidavit in form and content substantially as
	provided by Subsection (a) of this section is a "self-proving
	affidavit." A will with a self-proving affidavit subscribed and
	sworn to by the testator and witnesses attached or annexed to the
	will, or a will simultaneously executed, attested, and made
	self-proved as provided by Subsection (a-1) of this section, is a
	"self-proved will." Substantial compliance with the form of the
	affidavit provided by Subsection (a) of this section [form of such
	affidavit] shall suffice to cause the will to be self-proved. For
	this purpose, an affidavit that is subscribed and acknowledged by
	the testator and subscribed and sworn to by the witnesses would
	suffice as being in substantial compliance. A signature on a
	self-proving affidavit as provided by Subsection (a) of this
	section is considered a signature to the will if necessary to prove
	that the will was signed by the testator or witnesses, or both, but
	in that case, the will may not be considered a self-proved will.
	SECTION 1.13.  Section 64, Texas Probate Code, is amended to
	read as follows:
	Sec. 64.  FORFEITURE CLAUSE.  A provision in a will that
	would cause a forfeiture of [a devise] or void a devise or provision
	in favor of a person or the person's descendants or a trust for the
	benefit of a person or the person's descendants for bringing any
	court action, including contesting a will, is unenforceable if:
	(1)  just [probable] cause existed [exists] for
	bringing the action; and
	(2)  the action was brought and maintained in good
	faith.
	SECTION 1.14.  Sections 67(a) and (b), Texas Probate Code,
	are amended to read as follows:
	(a)  Whenever a pretermitted child is not mentioned in the
	testator's will, provided for in the testator's will, or otherwise
	provided for by the testator, the pretermitted child shall succeed
	to a portion of the testator's estate as provided by Subsection
	(a)(1) or (a)(2) of this section.
	(1)  If the testator has one or more children living
	when he executes his last will, and:
	(A)  No provision is made therein for any such
	child, a pretermitted child succeeds to the portion of the
	testator's separate and community estate to which the pretermitted
	child would have been entitled pursuant to Section 38(a) of this
	code had the testator died intestate without a surviving spouse
	owning only that portion of his estate not devised or bequeathed to
	either the testator's surviving spouse or the other parent of the
	pretermitted child.
	(B)  Provision, whether vested or contingent, is
	made therein for one or more of such children, a pretermitted child
	is entitled to share in the testator's estate as follows:
	(i)  The portion of the testator's estate to
	which the pretermitted child is entitled is limited to the
	disposition made to children under the will.
	(ii)  The pretermitted child shall receive
	such share of the testator's estate, as limited in Subparagraph
	(i), as he would have received had the testator included all
	pretermitted children with the children upon whom benefits were
	conferred under the will, and given an equal share of such benefits
	to each such child.
	(iii)  To the extent that it is feasible, the
	interest of the pretermitted child in the testator's estate shall
	be of the same character, whether an equitable or legal life estate
	or in fee, as the interest that the testator conferred upon his
	children under the will.
	(2)  If the testator has no child living when he
	executes his last will, the pretermitted child succeeds to the
	portion of the testator's separate and community estate to which
	the pretermitted child would have been entitled pursuant to Section
	38(a) of this code had the testator died intestate without a
	surviving spouse owning only that portion of his estate not devised
	or bequeathed to either the testator's surviving spouse or the
	other parent of the pretermitted child.
	(b)  The pretermitted child may recover the share of the
	testator's estate to which he is entitled either from the other
	children under Subsection (a)(1)(B) or the testamentary
	beneficiaries under Subsections (a)(1)(A) and (a)(2) other than the
	testator's surviving spouse and the other parent of the
	pretermitted child, ratably, out of the portions of such estate
	passing to such persons under the will. In abating the interests of
	such beneficiaries, the character of the testamentary plan adopted
	by the testator shall be preserved to the maximum extent possible.
	SECTION 1.15.  Section 84(a), Texas Probate Code, is amended
	to read as follows:
	(a)  Self-Proved Will. If a will is self-proved as provided
	in this Code or, if executed in another state, is self-proved in
	accordance with the laws of the state of the testator's domicile at
	the time of the execution, no further proof of its execution with
	the formalities and solemnities and under the circumstances
	required to make it a valid will shall be necessary.
	SECTION 1.16.  Section 128A(h), Texas Probate Code, is
	amended to read as follows:
	(h)  The affidavit or certificate required by Subsection (g)
	of this section may be included with any pleading or other document
	filed with the clerk of the court, including the inventory,
	appraisement, and list of claims, an affidavit in lieu of the
	inventory, appraisement, and list of claims, or an application for
	an extension of the deadline to file the inventory, appraisement,
	and list of claims or an affidavit in lieu of the inventory,
	appraisement, and list of claims, provided that the pleading or
	other document with which the affidavit or certificate is included
	is filed not later than the date the affidavit or certificate is
	required to be filed as provided by Subsection (g) of this section.
	SECTION 1.17.   Section 143, Texas Probate Code, is amended
	to read as follows:
	Sec. 143.  SUMMARY PROCEEDINGS FOR SMALL ESTATES AFTER
	PERSONAL REPRESENTATIVE APPOINTED. Whenever, after the inventory,
	appraisement, and list of claims or the affidavit in lieu of the
	inventory, appraisement, and list of claims has been filed by a
	personal representative, it is established that the estate of a
	decedent, exclusive of the homestead and exempt property and family
	allowance to the surviving spouse and minor children, does not
	exceed the amount sufficient to pay the claims of Classes One to
	Four, inclusive, as claims are hereinafter classified, the personal
	representative shall, upon order of the court, pay the claims in the
	order provided and to the extent permitted by the assets of the
	estate subject to the payment of such claims, and thereafter
	present his account with an application for the settlement and
	allowance thereof. Thereupon the court, with or without notice,
	may adjust, correct, settle, allow or disallow such account, and,
	if the account is settled and allowed, may decree final
	distribution, discharge the personal representative, and close the
	administration.
	SECTION 1.18.  Sections 145(g), (h), (i), and (j), Texas
	Probate Code, are amended to read as follows:
	(g)  The court may not appoint an independent administrator
	to serve in an intestate administration unless and until the
	parties seeking appointment of the independent administrator have
	been determined, through a proceeding to declare heirship under
	Chapter III of this code, to constitute all of the decedent's heirs.
	[In no case shall any independent administrator be appointed by any
	court to serve in any intestate administration until those parties
	seeking the appointment of said independent administrator offer
	clear and convincing evidence to the court that they constitute all
	of the said decedent's heirs.]
	(h)  When an independent administration has been created,
	and the order appointing an independent executor has been entered
	by the county court, and the inventory, appraisement, and list
	aforesaid has been filed by the executor and approved by the county
	court or an affidavit in lieu of the inventory, appraisement, and
	list of claims has been filed by the executor, as long as the estate
	is represented by an independent executor, further action of any
	nature shall not be had in the county court except where this Code
	specifically and explicitly provides for some action in the county
	court.
	(i)  If a distributee described in Subsections (c) through
	(e) of this section is an incapacitated person, the guardian of the
	person of the distributee may sign the application on behalf of the
	distributee. If the county court finds that either the granting of
	independent administration or the appointment of the person, firm,
	or corporation designated in the application as independent
	executor would not be in the best interests of the incapacitated
	person, then, notwithstanding anything to the contrary in
	Subsections (c) through (e) of this section, the county court shall
	not enter an order granting independent administration of the
	estate. If such distributee who is an incapacitated person has no
	guardian of the person, the county court may appoint a guardian ad
	litem to make application on behalf of the incapacitated person if
	the county court considers such an appointment necessary to protect
	the interest of the distributees. Alternatively, if the
	distributee who is an incapacitated person is a minor and has no
	guardian of the person, the natural guardian or guardians of the
	minor may consent on the minor's behalf if there is no conflict of
	interest between the minor and the natural guardian or guardians.
	(j)  If a trust is created in the decedent's will, the person
	or class of persons first eligible to receive the income from the
	trust, when determined as if the trust were to be in existence on
	the date of the decedent's death, shall, for the purposes of
	Subsections (c) and (d) of this section, be deemed to be the
	distributee or distributees on behalf of such trust, and any other
	trust or trusts coming into existence upon the termination of such
	trust, and are authorized to apply for independent administration
	on behalf of the trusts without the consent or agreement of the
	trustee or any other beneficiary of the trust, or the trustee or any
	beneficiary of any other trust which may come into existence upon
	the termination of such trust. If a trust beneficiary who is
	considered to be a distributee under this subsection is an
	incapacitated person, the trustee or cotrustee may file the
	application or give the consent, provided that the trustee or
	cotrustee is not the person proposed to serve as the independent
	executor.
	SECTION 1.19.  Part 4, Chapter VI, Texas Probate Code, is
	amended by adding Sections 145A, 145B, and 145C to read as follows:
	Sec. 145A.  GRANTING POWER OF SALE BY AGREEMENT.  In a
	situation in which a decedent does not have a will or a decedent's
	will does not contain language authorizing the personal
	representative to sell real property or contains language that is
	not sufficient to grant the representative that authority, the
	court may include in an order appointing an independent executor
	under Section 145 of this code any general or specific authority
	regarding the power of the independent executor to sell real
	property that may be consented to by the beneficiaries who are to
	receive any interest in the real property in the application for
	independent administration or in their consents to the independent
	administration.  The independent executor, in such event, may sell
	the real property under the authority granted in the court order
	without the further consent of those beneficiaries.
	Sec. 145B.  INDEPENDENT EXECUTORS MAY ACT WITHOUT COURT
	APPROVAL.  Unless this code specifically provides otherwise, any
	action that a personal representative subject to court supervision
	may take with or without a court order may be taken by an
	independent executor without a court order.  The other provisions
	of this part are designed to provide additional guidance regarding
	independent administrations in specified situations, and are not
	designed to limit by omission or otherwise the application of the
	general principles set forth in this part.
	Sec. 145C.  POWER OF SALE OF ESTATE PROPERTY.  (a)  General.
	(1)  An independent executor has the power of sale of estate
	property set forth in the will, if applicable, that may be exercised
	without court approval as otherwise provided for independent
	administrations.
	(2)  Unless limited by the terms of a will, an
	independent executor, in addition to any power of sale of estate
	property given in the will, has the same power of sale for the same
	purposes as a personal representative has in a supervised
	administration, but without the requirement of court approval.  The
	procedural requirements applicable to a supervised administration
	do not apply.
	(b)  Protection of Person Purchasing Estate Property.  (1)  A
	person who is not a devisee or heir is not required to inquire into
	an independent executor's power of sale of estate property or the
	propriety of the exercise of the power of sale if the person deals
	with the independent executor in good faith and:
	(A)  a power of sale is granted to the independent
	executor in the will or in the court order appointing the
	independent executor; or
	(B)  the independent executor provides an
	affidavit, executed and sworn to under oath and recorded in the deed
	records of the county where the property is located, that the sale
	is necessary or advisable for any of the purposes described in
	Section 341(1) of this code.
	(2)  As to acts undertaken in good faith reliance, the
	affidavit described by Subsection (b)(1)(B) of this section is
	conclusive proof, as between a purchaser of property from an
	estate, and the personal representative of the estate or the heirs
	and distributees of the estate, with respect to the authority of the
	independent executor to sell the property.  The signature or
	joinder of a devisee or heir who has an interest in the property
	being sold as described in this section is not necessary for the
	purchaser to obtain all right, title, and interest of the estate in
	the property being sold.
	(3)  This section does not relieve the independent
	executor from any duty owed to a devisee or heir in relation,
	directly or indirectly, to the sale.
	(c)  No Limitations.  This section does not limit the
	authority of an independent executor to take any other action
	without court supervision or approval with respect to estate assets
	that may take place in a supervised administration, for purposes
	and within the scope otherwise authorized by this code, including
	the authority to enter into a lease and to borrow money.
	SECTION 1.20.  Section 146, Texas Probate Code, is amended
	by adding Subsections (a-1) and (b-1) through (b-7) and amending
	Subsection (b) to read as follows:
	(a-1)  Statement in Notice of Claim.  To be effective, the
	notice provided under Subsection (a)(2) of this section must
	include, in addition to the other information required by Section
	294(d) of this code, a statement that a claim may be effectively
	presented by only one of the methods prescribed by this section.
	(b)  Secured Claims for Money. Within six months after the
	date letters are granted or within four months after the date notice
	is received under Section 295 of this code, whichever is later, a
	creditor with a claim for money secured by real or personal property
	of the estate must give notice to the independent executor of the
	creditor's election to have the creditor's claim approved as a
	matured secured claim to be paid in due course of administration.
	In addition to giving the notice within this period, a creditor
	whose claim is secured by real property shall record a notice of the
	creditor's election under this subsection in the deed records of
	the county in which the real property is located. If no [the]
	election to be a matured secured creditor is made, or the election
	is made, but not within the prescribed period, or is made within the
	prescribed period but the creditor has a lien against real property
	and fails to record notice of the claim in the deed records as
	required within the prescribed period [is not made], the claim
	shall be [is] a preferred debt and lien against the specific
	property securing the indebtedness and shall be paid according to
	the terms of the contract that secured the lien, and the claim may
	not be asserted against other assets of the estate. The independent
	executor may pay the claim before the claim matures if paying the
	claim before maturity is in the best interest of the estate.
	(b-1)  Matured Secured Claims.  (1)  A claim approved as a
	matured secured claim under Subsection (b) of this section remains
	secured by any lien or security interest against the specific
	property securing payment of the claim but subordinated to the
	payment from the property of claims having a higher classification
	under Section 322 of this code.  However, the secured creditor:
	(A)  is not entitled to exercise any remedies in a
	manner that prevents the payment of the higher priority claims and
	allowances; and
	(B)  during the administration of the estate, is
	not entitled to exercise any contractual collection rights,
	including the power to foreclose, without either the prior written
	approval of the independent executor or court approval.
	(2)  Subdivision (1) of this subsection may not be
	construed to suspend or otherwise prevent a creditor with a matured
	secured claim from seeking judicial relief of any kind or from
	executing any judgment against an independent executor.  Except
	with respect to real property, any third party acting in good faith
	may obtain good title with respect to an estate asset acquired
	through a secured creditor's extrajudicial collection rights,
	without regard to whether the creditor had the right to collect the
	asset or whether the creditor acted improperly in exercising those
	rights during an estate administration due to having elected
	matured secured status.
	(3)  If a claim approved or established by suit as a
	matured secured claim is secured by property passing to one or more
	devisees in accordance with Section 71A of this code, the
	independent executor shall collect from the devisees the amount of
	the debt and pay that amount to the claimant or shall sell the
	property and pay out of the sale proceeds the claim and associated
	expenses of sale consistent with the provisions of Section 306(c-1)
	of this code applicable to court supervised administrations.
	(b-2)  Preferred Debt and Lien Claims.  During an independent
	administration, a secured creditor whose claim is a preferred debt
	and lien against property securing the indebtedness under
	Subsection (b) of this section is free to exercise any judicial or
	extrajudicial collection rights, including the right to
	foreclosure and execution; provided, however, that the creditor
	does not have the right to conduct a nonjudicial foreclosure sale
	within six months after letters are granted.
	(b-3)  Certain Unsecured Claims; Barring of Claims.  An
	unsecured creditor who has a claim for money against an estate and
	who receives a notice under Section 294(d) of this code shall give
	to the independent executor notice of the nature and amount of the
	claim not later than the 120th day after the date the notice is
	received or the claim is barred.
	(b-4)  Notices Required by Creditors.  Notice to the
	independent executor required by Subsections (b) and (b-3) of this
	section must be contained in:
	(1)  a written instrument that is hand-delivered with
	proof of receipt, or mailed by certified mail, return receipt
	requested with proof of receipt, to the independent executor or the
	executor's attorney;
	(2)  a pleading filed in a lawsuit with respect to the
	claim; or
	(3)  a written instrument or pleading filed in the
	court in which the administration of the estate is pending.
	(b-5)  Filing Requirements Applicable.  Subsection (b-4) of
	this section does not exempt a creditor who elects matured secured
	status from the filing requirements of Subsection (b) of this
	section, to the extent those requirements are applicable.
	(b-6)  Statute of Limitations.  Except as otherwise provided
	by Section 16.062, Civil Practice and Remedies Code, the running of
	the statute of limitations shall be tolled only by a written
	approval of a claim signed by an independent executor, a pleading
	filed in a suit pending at the time of the decedent's death, or a
	suit brought by the creditor against the independent executor.  In
	particular, the presentation of a statement or claim, or a notice
	with respect to a claim, to an independent executor does not toll
	the running of the statute of limitations with respect to that
	claim.
	(b-7)  Other Claim Procedures of Code Generally Do Not Apply.
	Except as otherwise provided by this section, the procedural
	provisions of this code governing creditor claims in supervised
	administrations do not apply to independent administrations.  By
	way of example, but not as a limitation:
	(1)  Section 313 of this code does not apply to
	independent administrations, and consequently a creditor's claim
	may not be barred solely because the creditor failed to file a suit
	not later than the 90th day after the date an independent executor
	rejected the claim or with respect to a claim for which the
	independent executor takes no action; and
	(2)  Sections 306(f)-(k) of this code do not apply to
	independent administrations.
	SECTION 1.21.  Section 149B(a), Texas Probate Code, is
	amended to read as follows:
	(a)  In addition to or in lieu of the right to an accounting
	provided by Section 149A of this code, at any time after the
	expiration of two years from the date the court clerk first issues
	letters testamentary or of administration to any personal
	representative of an estate [that an independent administration was
	created and the order appointing an independent executor was
	entered], a person interested in the estate then subject to
	independent administration may petition the county court, as that
	term is defined by Section 3 of this code, for an accounting and
	distribution.  The court may order an accounting to be made with the
	court by the independent executor at such time as the court deems
	proper. The accounting shall include the information that the
	court deems necessary to determine whether any part of the estate
	should be distributed.
	SECTION 1.22.  Section 149C(a), Texas Probate Code, is
	amended to read as follows:
	(a)  The county court, as that term is defined by Section 3 of
	this code, on its own motion or on motion of any interested person,
	after the independent executor has been cited by personal service
	to answer at a time and place fixed in the notice, may remove an
	independent executor when:
	(1)  the independent executor fails to return within
	ninety days after qualification, unless such time is extended by
	order of the court, either an inventory of the property of the
	estate and list of claims that have come to the independent
	executor's knowledge or an affidavit in lieu of the inventory,
	appraisement, and list of claims;
	(2)  sufficient grounds appear to support belief that
	the independent executor has misapplied or embezzled, or that the
	independent executor is about to misapply or embezzle, all or any
	part of the property committed to the independent executor's care;
	(3)  the independent executor fails to make an
	accounting which is required by law to be made;
	(4)  the independent executor fails to timely file the
	affidavit or certificate required by Section 128A of this code;
	(5)  the independent executor is proved to have been
	guilty of gross misconduct or gross mismanagement in the
	performance of the independent executor's duties; or
	(6)  the independent executor becomes an incapacitated
	person, or is sentenced to the penitentiary, or from any other cause
	becomes legally incapacitated from properly performing the
	independent executor's fiduciary duties.
	SECTION 1.23.  Section 151, Texas Probate Code, is amended
	to read as follows:
	Sec. 151.  CLOSING INDEPENDENT ADMINISTRATION BY CLOSING
	REPORT OR NOTICE OF CLOSING ESTATE [AFFIDAVIT]. (a) Filing of
	Closing Report or Notice of Closing Estate [Affidavit]. When all of
	the debts known to exist against the estate have been paid, or when
	they have been paid so far as the assets in the hands of the
	independent executor will permit, when there is no pending
	litigation, and when the independent executor has distributed to
	the persons entitled thereto all assets of the estate, if any,
	remaining after payment of debts, the independent executor may file
	with the court a closing report or a notice of closing of the
	estate.
	(a-1)  Closing Report. An independent executor may file [:
	[(1)]  a closing report verified by affidavit that:
	(1)  shows:
	(A)  the [(i) The] property of the estate which
	came into the possession [hands] of the independent executor;
	(B)  the [(ii) The] debts that have been paid;
	(C)  the [(iii) The] debts, if any, still owing by
	the estate;
	(D)  the [(iv) The] property of the estate, if
	any, remaining on hand after payment of debts; and
	(E)  the [(v) The] names and residences of the
	persons to whom the property of the estate, if any, remaining on
	hand after payment of debts has been distributed; and
	(2)  includes signed receipts or other proof of
	delivery of property to the distributees named in the closing
	report if the closing report reflects that there was property
	remaining on hand after payment of debts.
	(b)  Notice of Closing Estate. (1) Instead of filing a
	closing report under Subsection (a-1) of this section, an
	independent executor may file a notice of closing estate verified
	by affidavit that states:
	(A)  that all debts known to exist against the
	estate have been paid or have been paid to the extent permitted by
	the assets in the independent executor's possession;
	(B)  that all remaining assets of the estate, if
	any, have been distributed; and
	(C)  the names and addresses of the distributees
	to whom the property of the estate, if any, remaining on hand after
	payment of debts has been distributed.
	(2)  Before filing the notice, the independent executor
	shall provide to each distributee of the estate a copy of the notice
	of closing estate. The notice of closing estate filed by the
	independent executor must include signed receipts or other proof
	that all distributees have received a copy of the notice of closing
	estate.
	(c)  Effect of Filing Closing Report or Notice of Closing
	Estate [the Affidavit]. (1) The independent administration of an
	estate is considered closed 30 days after the date of the filing of
	a closing report or notice of closing estate unless an interested
	person files an objection with the court within that time.  If an
	interested person files an objection within the 30-day period, the
	independent administration of the estate is closed when the
	objection has been disposed of or the court signs an order closing
	the estate.
	(2)  The closing of an [filing of such an affidavit and
	proof of delivery, if required, shall terminate the] independent
	administration by filing of a closing report or notice of closing
	estate terminates [and] the power and authority of the independent
	executor, but shall not relieve the independent executor from
	liability for any mismanagement of the estate or from liability for
	any false statements contained in the report or notice [affidavit].
	(3)  When a closing report or notice of closing estate
	[such an affidavit] has been filed, persons dealing with properties
	of the estate, or with claims against the estate, shall deal
	directly with the distributees of the estate; and the acts of the
	[such] distributees with respect to the [such] properties or claims
	shall in all ways be valid and binding as regards the persons with
	whom they deal, notwithstanding any false statements made by the
	independent executor in the report or notice [such affidavit].
	(4) [(2)]  If the independent executor is required to
	give bond, the independent executor's filing of the closing report
	[affidavit] and proof of delivery, if required, automatically
	releases the sureties on the bond from all liability for the future
	acts of the principal. The filing of a notice of closing estate
	does not release the sureties on the bond of an independent
	executor.
	(d) [(c)]  Authority to Transfer Property of a Decedent
	After Filing the Closing Report or Notice of Closing Estate
	[Affidavit].  An independent executor's closing report or notice of
	closing estate [affidavit closing the independent administration]
	shall constitute sufficient legal authority to all persons owing
	any money, having custody of any property, or acting as registrar or
	transfer agent or trustee of any evidence of interest,
	indebtedness, property, or right that belongs to the estate, for
	payment or transfer without additional administration to the
	distributees [persons] described in the will as entitled to receive
	the particular asset or who as heirs at law are entitled to receive
	the asset. The distributees [persons] described in the will as
	entitled to receive the particular asset or the heirs at law
	entitled to receive the asset may enforce their right to the payment
	or transfer by suit.
	(e) [(d)]  Delivery Subject to Receipt or Proof of Delivery.
	An independent executor may not be required to deliver tangible or
	intangible personal property to a distributee unless the
	independent executor receives [shall receive], at or before the
	time of delivery of the property, a signed receipt or other proof of
	delivery of the property to the distributee. An independent
	executor may [shall] not require a waiver or release from the
	distributee as a condition of delivery of property to a
	distributee.
	SECTION 1.24.  Section 168, Texas Probate Code, is amended
	to read as follows:
	Sec. 168.  ACCOUNTING BY SURVIVOR. The survivor shall keep a
	fair and full account and statement of all community debts and
	expenses paid by the survivor [him], and of the disposition made of
	the community property; and, upon final partition of such estate,
	shall deliver to the heirs, devisees or legatees of the deceased
	spouse their interest in such estate, and the increase and profits
	of the same, after deducting therefrom the proportion of the
	community debts chargeable thereto, unavoidable losses, necessary
	and reasonable expenses, and a reasonable compensation
	[commission] for the management of the same.  The survivor may not
	be liable for losses sustained by the estate, except when the
	survivor has been guilty of gross negligence or bad faith.
	SECTION 1.25.  Section 222(a), Texas Probate Code, is
	amended to read as follows:
	(a)  Without Notice. (1)  The court, on its own motion or on
	motion of any interested person, and without notice, may remove any
	personal representative, appointed under provisions of this Code,
	who:
	(A)  Neglects to qualify in the manner and time
	required by law;
	(B)  Fails [to return] within ninety days after
	qualification, unless such time is extended by order of the court,
	to either return an inventory of the property of the estate and list
	of claims that have come to his knowledge or file an affidavit in
	lieu of the inventory and list of claims;
	(C)  Having been required to give a new bond,
	fails to do so within the time prescribed;
	(D)  Absents himself from the State for a period
	of three months at one time without permission of the court, or
	removes from the State;
	(E)  Cannot be served with notices or other
	processes because of the fact that the:
	(i)  personal representative's whereabouts
	are unknown;
	(ii)  personal representative is eluding
	service; or
	(iii)  personal representative is a
	nonresident of this state who does not have a resident agent to
	accept service of process in any probate proceeding or other action
	relating to the estate; or
	(F)  Has misapplied, embezzled, or removed from
	the State, or is about to misapply, embezzle, or remove from the
	State, all or any part of the property committed to the personal
	representative's care.
	(2)  The court may remove a personal representative
	under Paragraph (F), Subdivision (1), of this subsection only on
	the presentation of clear and convincing evidence given under oath.
	SECTION 1.26.  Section 227, Texas Probate Code, is amended
	to read as follows:
	Sec. 227.  SUCCESSORS RETURN OF INVENTORY, APPRAISEMENT, AND
	LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT, AND
	LIST OF CLAIMS. An appointee who has been qualified to succeed to a
	prior personal representative shall make and return to the court an
	inventory, appraisement, and list of claims of the estate or file an
	affidavit in lieu of the inventory, appraisement, and list of
	claims, within ninety days after being qualified, in like manner as
	is provided for [required of] original appointees; and he shall
	also in like manner return additional inventories, appraisements,
	and lists of claims or file additional affidavits. In all orders
	appointing successor representatives of estates, the court shall
	appoint appraisers as in original appointments upon the application
	of any person interested in the estate.
	SECTION 1.27.  Section 241, Texas Probate Code, is amended
	to read as follows:
	Sec. 241.  COMPENSATION OF PERSONAL REPRESENTATIVES. [(a)]
	Executors, administrators, and temporary administrators who have
	taken care of and managed the estate of a decedent in compliance
	with the standards of this code shall be entitled to reasonable
	compensation unless the decedent's will provides otherwise
	[receive a commission of five per cent (5%) on all sums they may
	actually receive in cash, and the same per cent on all sums they may
	actually pay out in cash, in the administration of the estate on a
	finding by the court that the executor or administrator has taken
	care of and managed the estate in compliance with the standards of
	this code; provided, no commission shall be allowed for receiving
	funds belonging to the testator or intestate which were on hand or
	were held for the testator or intestate at the time of his death in a
	financial institution or a brokerage firm, including cash or a cash
	equivalent held in a checking account, savings account, certificate
	of deposit, or money market account; nor for collecting the
	proceeds of any life insurance policy; nor for paying out cash to
	the heirs or legatees as such; provided, further, however, that in
	no event shall the executor or administrator be entitled in the
	aggregate to more than five per cent (5%) of the gross fair market
	value of the estate subject to administration. If the executor or
	administrator manages a farm, ranch, factory, or other business of
	the estate, or if the compensation as calculated above is
	unreasonably low, the court may allow him reasonable compensation
	for his services, including unusual effort to collect funds or life
	insurance. For this purpose, the county court shall have
	jurisdiction to receive, consider, and act on applications from
	independent executors]. The court may, on application of an
	interested person or on its own motion, deny compensation [a
	commission] allowed by this section [subsection] in whole or in
	part if:
	(1)  the court finds that the executor or administrator
	has not taken care of and managed estate property prudently; or
	(2)  the executor or administrator has been removed
	under Section 149C or 222 of this code.
	[(b) Definition. In this section, "financial institution"
	means an organization authorized to do business under state or
	federal laws relating to financial institutions, including banks
	and trust companies, savings banks, building and loan associations,
	savings and loan companies or associations, and credit unions.]
	SECTION 1.28.  Section 250, Texas Probate Code, is amended
	to read as follows:
	Sec. 250.  INVENTORY AND APPRAISEMENT; AFFIDAVIT IN LIEU OF
	INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.  (a)  Within ninety
	days after the representative's [his] qualification, unless a
	longer time shall be granted by the court, the representative shall
	prepare and file with the clerk of court a verified, full, and
	detailed inventory, in one written instrument, of all the property
	of such estate which has come to the representative's [his]
	possession or knowledge, which inventory shall include:
	(1) [(a)]  all real property of the estate situated in
	the State of Texas; and
	(2) [(b)]  all personal property of the estate wherever
	situated.
	(b)  The representative shall set out in the inventory the
	representative's [his] appraisement of the fair market value of
	each item thereof as of the date of death in the case of grant of
	letters testamentary or of administration, as the case may be;
	provided that if the court shall appoint an appraiser or appraisers
	of the estate, the representative shall determine the fair market
	value of each item of the inventory with the assistance of such
	appraiser or appraisers and shall set out in the inventory such
	appraisement. The inventory shall specify what portion of the
	property, if any, is separate property and what portion, if any, is
	community property. [If any property is owned in common with
	others, the interest owned by the estate shall be shown, together
	with the names and relationship, if known, of co-owners.] Such
	inventory, when approved by the court and duly filed with the clerk
	of court, shall constitute for all purposes the inventory and
	appraisement of the estate referred to in this Code. The court for
	good cause shown may require the filing of the inventory and
	appraisement at a time prior to ninety days after the qualification
	of the representative.
	(c)  Notwithstanding Subsection (a) of this section, if
	there are no unpaid debts, except for secured debts, taxes, and
	administration expenses, at the time the inventory is due,
	including any extensions, the representative may file with the
	court clerk, in lieu of the inventory, appraisement, and list of
	claims, an affidavit stating that all debts, except for secured
	debts, taxes, and administration expenses, are paid and that all
	beneficiaries have received a verified, full, and detailed
	inventory.  The affidavit in lieu of the inventory, appraisement,
	and list of claims must be filed within the 90-day period prescribed
	by Subsection (a) of this section, unless the court grants an
	extension.
	(d)  In this section, "beneficiary" means a person, entity,
	state, governmental agency of the state, charitable organization,
	or trust entitled to receive real or personal property:
	(1)  under the terms of a decedent's will, to be
	determined for purposes of this subsection with the assumption that
	each person who is alive on the date of the decedent's death
	survives any period required to receive the bequest as specified by
	the terms of the will; or
	(2)  as an heir of the decedent.
	SECTION 1.29.  Section 256, Texas Probate Code, is amended
	to read as follows:
	Sec. 256.  DISCOVERY OF ADDITIONAL PROPERTY.  (a)  If, after
	the filing of the inventory and appraisement, property or claims
	not included in the inventory shall come to the possession or
	knowledge of the representative, the representative [he] shall
	forthwith file with the clerk of court a verified, full, and
	detailed supplemental inventory and appraisement.
	(b)  If, after the filing of an affidavit in lieu of the
	inventory and appraisement, property or claims not included in the
	inventory given to the beneficiaries shall come to the possession
	or knowledge of the representative, the representative shall
	forthwith file with the clerk of court a supplemental affidavit in
	lieu of the inventory and appraisement stating that all
	beneficiaries have received a verified, full, and detailed
	supplemental inventory and appraisement.
	SECTION 1.30.  Section 260, Texas Probate Code, is amended
	to read as follows:
	Sec. 260.  FAILURE OF JOINT PERSONAL REPRESENTATIVES TO
	RETURN AN INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT
	IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. If there be
	more than one representative qualified as such, any one or more of
	them, on the neglect of the others, may make and return an inventory
	and appraisement and list of claims or file an affidavit in lieu of
	an inventory, appraisement, and list of claims; and the
	representative so neglecting shall not thereafter interfere with
	the estate or have any power over same; but the representative so
	returning the inventory, appraisement, and list of claims or filing
	the affidavit in lieu of an inventory, appraisement, and list of
	claims shall have the whole administration, unless, within sixty
	days after the return or the filing, the delinquent or delinquents
	shall assign to the court in writing and under oath a reasonable
	excuse which the court may deem satisfactory; and if no excuse is
	filed or if the excuse filed is not deemed sufficient, the court
	shall enter an order removing any and all such delinquents and
	revoking their letters.
	SECTION 1.31.  Section 262, Texas Probate Code, is amended
	to read as follows:
	Sec. 262.  EXECUTOR OR ADMINISTRATOR REQUIRED TO REPORT ON
	CONDITION OF ESTATE. At any time after the return of the inventory,
	appraisement, and list of claims of a deceased person or the filing
	of an affidavit in lieu of the inventory, appraisement, and list of
	claims, any one entitled to a portion of the estate may, by a
	written complaint filed in the court in which such case is pending,
	cause the executor or administrator of the estate to be cited to
	appear and render under oath an exhibit of the condition of the
	estate.
	SECTION 1.32.  Sections 271(a) and (b), Texas Probate Code,
	are amended to read as follows:
	(a)  Unless an affidavit is filed under Subsection (b) of
	this section, immediately after the inventory, appraisement, and
	list of claims have been approved or after the affidavit in lieu of
	the inventory, appraisement, and list of claims has been filed, the
	court shall, by order, set apart:
	(1)  the homestead for the use and benefit of the
	surviving spouse and minor children; and
	(2)  all other property of the estate that is exempt
	from execution or forced sale by the constitution and laws of this
	state for the use and benefit of the surviving spouse and minor
	children and unmarried children remaining with the family of the
	deceased.
	(b)  Before the approval of the inventory, appraisement, and
	list of claims or, if applicable, after the filing of the affidavit
	in lieu of the inventory, appraisement, and list of claims:
	(1)  a surviving spouse or any person who is authorized
	to act on behalf of minor children of the deceased may apply to the
	court to have exempt property, including the homestead, set aside
	by filing an application and a verified affidavit listing all of the
	property that the applicant claims is exempt; and
	(2)  any unmarried children remaining with the family
	of the deceased may apply to the court to have all exempt property
	other than the homestead set aside by filing an application and a
	verified affidavit listing all of the other property that the
	applicant claims is exempt.
	SECTION 1.33.  Section 286, Texas Probate Code, is amended
	to read as follows:
	Sec. 286.  FAMILY ALLOWANCE TO SURVIVING SPOUSES AND MINORS.
	(a) Unless an affidavit is filed under Subsection (b) of this
	section, immediately after the inventory, appraisement, and list of
	claims have been approved or the affidavit in lieu of the inventory,
	appraisement, and list of claims has been filed, the court shall fix
	a family allowance for the support of the surviving spouse and minor
	children of the deceased.
	(b)  Before the approval of the inventory, appraisement, and
	list of claims or, if applicable, before the filing of the affidavit
	in lieu of the inventory, appraisement, and list of claims, a
	surviving spouse or any person who is authorized to act on behalf of
	minor children of the deceased may apply to the court to have the
	court fix the family allowance by filing an application and a
	verified affidavit describing the amount necessary for the
	maintenance of the surviving spouse and minor children for one year
	after the date of the death of the decedent and describing the
	spouse's separate property and any property that minor children
	have in their own right. The applicant bears the burden of proof by
	a preponderance of the evidence at any hearing on the application.
	The court shall fix a family allowance for the support of the
	surviving spouse and minor children of the deceased.
	SECTION 1.34.  Section 293, Texas Probate Code, is amended
	to read as follows:
	Sec. 293.  SALE TO RAISE FUNDS FOR FAMILY ALLOWANCE. If
	there be no personal property of the deceased that the surviving
	spouse or guardian is willing to take for such allowance, or not a
	sufficiency of them, and if there be no funds or not sufficient
	funds in the hands of such executor or administrator to pay such
	allowance, or any part thereof, then the court, as soon as the
	inventory, appraisement, and list of claims are returned and
	approved or, if applicable, the affidavit in lieu of the inventory,
	appraisement, and list of claims is filed, shall order a sale of so
	much of the estate for cash as will be sufficient to raise the
	amount of such allowance, or a part thereof, as the case requires.
	SECTION 1.35.  The heading to Section 322, Texas Probate
	Code, is amended to read as follows:
	Sec. 322.  CLASSIFICATION OF CLAIMS AGAINST ESTATE [ESTATES]
	OF DECEDENT.
	SECTION 1.36.  Section 333(a), Texas Probate Code, is
	amended to read as follows:
	(a)  The representative of an estate, after approval of
	inventory and appraisement or after the filing of the affidavit in
	lieu of the inventory, appraisement, and list of claims, shall
	promptly apply for an order of the court to sell at public auction
	or privately, for cash or on credit not exceeding six months, all of
	the estate that is liable to perish, waste, or deteriorate in value,
	or that will be an expense or disadvantage to the estate if kept.
	Property exempt from forced sale, specific legacies, and personal
	property necessary to carry on a farm, ranch, factory, or any other
	business which it is thought best to operate, shall not be included
	in such sales.
	SECTION 1.37.  Section 373(c), Texas Probate Code, is
	amended to read as follows:
	(c)  Partial Distribution. At any time after the original
	grant of letters testamentary or of administration, and the filing
	and approval of the inventory or the filing of the affidavit in lieu
	of the inventory, appraisement, and list of claims, the executor or
	administrator, or the heirs, devisees, or legatees of the estate,
	or any of them, may, by written application filed in the court in
	which the estate is pending, request a distribution of any portion
	of the estate. All interested parties shall be personally cited, as
	in other distributions, including known creditors. The court may
	upon proper citation and hearing distribute any portion of the
	estate it deems advisable. In the event a distribution is to be
	made to one or more heirs or devisees, and not to all the heirs or
	devisees, the court shall require a refunding bond in an amount to
	be determined by the court to be filed with the court and, upon its
	approval, the court shall order the distribution of that portion of
	the estate, unless such requirement is waived in writing and the
	waiver is filed with the court by all interested parties. This
	section shall apply to corpus as well as income, notwithstanding
	any other provisions of this Code.
	SECTION 1.38.  Section 378B(a), Texas Probate Code, is
	amended to read as follows:
	(a)  Except as provided by Subsection (b) of this section and
	unless the will provides otherwise, all expenses incurred in
	connection with the settlement of a decedent's estate, including
	debts, funeral expenses, estate taxes, penalties relating to estate
	taxes, and family allowances, shall be charged against the
	principal of the estate. Fees and expenses of an attorney,
	accountant, or other professional advisor, compensation
	[commissions] and expenses of a personal representative, court
	costs, and all other similar fees or expenses relating to the
	administration of the estate and interest relating to estate taxes
	shall be allocated between the income and principal of the estate as
	the executor determines in its discretion to be just and equitable.
	SECTION 1.39.  Section 385(a), Texas Probate Code, is
	amended to read as follows:
	(a)  Application for Partition. When a husband or wife shall
	die leaving any community property, the survivor may, at any time
	after letters testamentary or of administration have been granted,
	and an inventory, appraisement, and list of the claims of the estate
	have been returned or an affidavit in lieu of the inventory,
	appraisement, and list of claims has been filed, make application
	in writing to the court which granted such letters for a partition
	of such community property.
	SECTION 1.40.  Section 436, Texas Probate Code, is amended
	by adding Subdivision (2-a) and amending Subdivisions (7) and (11)
	to read as follows:
	(2-a)  "Charitable organization" means any
	corporation, community chest, fund, or foundation that is exempt
	from federal income tax under Section 501(a) of the Internal
	Revenue Code of 1986 by being listed as an exempt organization in
	Section 501(c)(3) of that code.
	(7)  "Party" means a person who, by the terms of the
	account, has a present right, subject to request, to payment from a
	multiple-party account. A P.O.D. payee, including a charitable
	organization, or beneficiary of a trust account is a party only
	after the account becomes payable to the P.O.D payee or beneficiary
	[him] by reason of the P.O.D payee or beneficiary [his] surviving
	the original payee or trustee. Unless the context otherwise
	requires, it includes a guardian, personal representative, or
	assignee, including an attaching creditor, of a party. It also
	includes a person identified as a trustee of an account for another
	whether or not a beneficiary is named, but it does not include a
	named beneficiary unless the beneficiary has a present right of
	withdrawal.
	(11)  "P.O.D. payee" means a person or charitable
	organization designated on a P.O.D. account as one to whom the
	account is payable on request after the death of one or more
	persons.
	SECTION 1.41.  Section 439(a), Texas Probate Code, is
	amended to read as follows:
	(a)  Sums remaining on deposit at the death of a party to a
	joint account belong to the surviving party or parties against the
	estate of the decedent if, by a written agreement signed by the
	party who dies, the interest of such deceased party is made to
	survive to the surviving party or parties. Notwithstanding any
	other law, an agreement is sufficient to confer an absolute right of
	survivorship on parties to a joint account under this subsection if
	the agreement states in substantially the following form: "On the
	death of one party to a joint account, all sums in the account on the
	date of the death vest in and belong to the surviving party as his or
	her separate property and estate." A survivorship agreement will
	not be inferred from the mere fact that the account is a joint
	account or that the account is designated JT TEN, Joint Tenancy,
	joint, or other similar abbreviation. If there are two or more
	surviving parties, their respective ownerships during lifetime
	shall be in proportion to their previous ownership interests under
	Section 438 of this code augmented by an equal share for each
	survivor of any interest the decedent may have owned in the account
	immediately before his death, and the right of survivorship
	continues between the surviving parties if a written agreement
	signed by a party who dies so provides.
	SECTION 1.42.  Section 452, Texas Probate Code, is amended
	to read as follows:
	Sec. 452.  FORMALITIES.  (a)  An agreement between spouses
	creating a right of survivorship in community property must be in
	writing and signed by both spouses. If an agreement in writing is
	signed by both spouses, the agreement shall be sufficient to create
	a right of survivorship in the community property described in the
	agreement if it includes any of the following phrases:
	(1)  "with right of survivorship";
	(2)  "will become the property of the survivor";
	(3)  "will vest in and belong to the surviving spouse";
	or
	(4)  "shall pass to the surviving spouse."
	(b)  An agreement that otherwise meets the requirements of
	this part, however, shall be effective without including any of
	those phrases.
	(c)  A survivorship agreement will not be inferred from the
	mere fact that the account is a joint account or that the account is
	designated JT TEN, Joint Tenancy, joint, or other similar
	abbreviation.
	SECTION 1.43.  Section 471, Texas Probate Code, is amended
	by amending Subdivision (2) and adding Subdivision (2-a) to read as
	follows:
	(2)  "Divorced individual" means an individual whose
	marriage has been dissolved, [regardless of] whether by divorce,
	[or] annulment, or a declaration that the marriage is void.
	(2-a)  "Relative" means an individual who is related to
	another individual by consanguinity or affinity, as determined
	under Sections 573.022 and 573.024, Government Code, respectively.
	SECTION 1.44.  Sections 472 and 473, Texas Probate Code, are
	amended to read as follows:
	Sec. 472.  REVOCATION OF CERTAIN NONTESTAMENTARY TRANSFERS
	ON DISSOLUTION OF MARRIAGE. (a)  Except as otherwise provided by a
	court order, the express terms of a trust instrument executed by a
	divorced individual before the individual's marriage was
	dissolved, or an express provision of a contract relating to the
	division of the marital estate entered into between a divorced
	individual and the individual's former spouse before, during, or
	after the marriage, the dissolution of the marriage revokes the
	following:
	(1)  a revocable disposition or appointment of property
	made by a divorced individual to the individual's former spouse or
	any relative of the former spouse who is not a relative of the
	divorced individual in a trust instrument executed before the
	dissolution of the marriage;
	(2)  a provision in a trust instrument executed by a
	divorced individual before the dissolution of the marriage that
	confers a general or special power of appointment on the
	individual's former spouse or any relative of the former spouse who
	is not a relative of the divorced individual; and
	(3)  a nomination in a trust instrument executed by a
	divorced individual before the dissolution of the marriage that
	nominates the individual's former spouse or any relative of the
	former spouse who is not a relative of the divorced individual to
	serve in a fiduciary or representative capacity, including as a
	personal representative, executor, trustee, conservator, agent, or
	guardian.
	(b)  After the dissolution of a marriage, an interest granted
	in a provision of a trust instrument that is revoked under
	Subsection (a)(1) or (2) of this section passes as if the former
	spouse of the divorced individual who executed the trust instrument
	and each relative of the former spouse who is not a relative of the
	divorced individual disclaimed the interest granted in the
	provision, and an interest granted in a provision of a trust
	instrument that is revoked under Subsection (a)(3) of this section
	passes as if the former spouse and each relative of the former
	spouse who is not a relative of the divorced individual died
	immediately before the dissolution of the marriage.
	Sec. 473.  LIABILITY FOR CERTAIN PAYMENTS, BENEFITS, AND
	PROPERTY. (a)  A bona fide purchaser of property from a divorced
	individual's former spouse or any relative of the former spouse who
	is not a relative of the divorced individual or a person who
	receives from a divorced individual's former spouse or any relative
	of the former spouse who is not a relative of the divorced
	individual a payment, benefit, or property in partial or full
	satisfaction of an enforceable obligation:
	(1)  is not required by this chapter to return the
	payment, benefit, or property; and
	(2)  is not liable under this chapter for the amount of
	the payment or the value of the property or benefit.
	(b)  A divorced individual's former spouse or any relative of
	the former spouse who is not a relative of the divorced individual
	who, not for value, receives a payment, benefit, or property to
	which the former spouse or the relative of the former spouse who is
	not a relative of the divorced individual is not entitled as a
	result of Section 472(a) of this code:
	(1)  shall return the payment, benefit, or property to
	the person who is otherwise entitled to the payment, benefit, or
	property as provided by this chapter; or
	(2)  is personally liable to the person described by
	Subdivision (1) of this subsection for the amount of the payment or
	the value of the benefit or property received.
	SECTION 1.45.  Section 25.0022(i), Government Code, is
	amended to read as follows:
	(i)  A judge assigned under this section has the
	jurisdiction, powers, and duties given by Sections 4A, 4C, 4D, 4F,
	4G, 4H, 5B, 606, 607, and 608, Texas Probate Code, to statutory
	probate court judges by general law.
	SECTION 1.46.  (a)  Sections 48(c), 70, and 251(f), Texas
	Probate Code, are repealed.
	(b)  Notwithstanding the transfer of Section 5, Texas
	Probate Code, to the Estates Code and redesignation as Section 5 of
	that code effective January 1, 2014, by Section 2, Chapter 680 (H.B.
	2502), Acts of the 81st Legislature, Regular Session, 2009, Section
	5, Texas Probate Code, is repealed.
	SECTION 1.47.  (a)  The changes in law made by Sections 4D,
	4H, 6, 8, 48, and 49, Texas Probate Code, as amended by this
	article, and Sections 6A, 6B, 6C, 8A, and 8B, Texas Probate Code, as
	added by this article, apply only to an action filed or other
	proceeding commenced on or after the effective date of this Act. An
	action filed or other proceeding commenced before the effective
	date of this Act is governed by the law in effect on the date the
	action was filed or the proceeding was commenced, and the former law
	is continued in effect for that purpose.
	(b)  The changes in law made by Sections 64, 67, 84, 128A,
	143, 145, 146, 149C, 168, 222, 227, 241, 250, 256, 260, 262, 271,
	286, 293, 333, 373, 378B, 385, 471, 472, and 473, Texas Probate
	Code, as amended by this article, and Sections 145A, 145B, and 145C,
	Texas Probate Code, as added by this article, apply only to the
	estate of a decedent who dies on or after the effective date of this
	Act. The estate of a decedent who dies before the effective date of
	this Act is governed by the law in effect on the date of the
	decedent's death, and the former law is continued in effect for that
	purpose.
	(c)  The changes in law made by this article to Section 59,
	Texas Probate Code, apply only to a will executed on or after the
	effective date of this Act. A will executed before the effective
	date of this Act is governed by the law in effect on the date the
	will was executed, and the former law is continued in effect for
	that purpose.
	(d)  The changes in law made by this article to Section 149B,
	Texas Probate Code, apply only to a petition for an accounting and
	distribution filed on or after the effective date of this Act.  A
	petition for an accounting and distribution filed before the
	effective date of this Act is governed by the law in effect on the
	date the petition is filed, and the former law is continued in
	effect for that purpose.
	(e)  The changes in law made by this article to Section 151,
	Texas Probate Code, apply only to a closing report or notice of
	closing of an estate filed on or after the effective date of this
	Act.  A closing report or notice of closing of an estate filed
	before the effective date of this Act is governed by the law in
	effect on the date the closing report or notice is filed, and the
	former law is continued in effect for that purpose.
	(f)  The changes in law made by this article to Sections 436
	and 439, Texas Probate Code, apply only to multiple-party accounts
	created or existing on or after the effective date of this Act and
	are intended to clarify existing law.
	(g)  The changes in law made by this article to Section 452,
	Texas Probate Code, apply only to agreements created or existing on
	or after the effective date of this Act, and are intended to
	overturn the ruling of the Texas Supreme Court in Holmes v. Beatty,
	290 S.W.3d 852 (Tex. 2009).
	ARTICLE 2. CHANGES TO ESTATES CODE
	SECTION 2.01.  The heading to Subtitle A, Title 2, Estates
	Code, as effective January 1, 2014, is amended to read as follows:
	SUBTITLE A. SCOPE, JURISDICTION, VENUE, AND COURTS
	SECTION 2.02.  Section 32.003, Estates Code, as effective
	January 1, 2014, is amended by adding Subsections (b-1) and (b-2)
	and amending Subsections (e), (f), (g), and (i) to read as follows:
	(b-1)  If a judge of a county court requests the assignment
	of a statutory probate court judge to hear a contested matter in a
	probate proceeding on the judge's own motion or on the motion of a
	party to the proceeding as provided by this section, the judge may
	request that the statutory probate court judge be assigned to the
	entire proceeding on the judge's own motion or on the motion of a
	party.
	(b-2)  If a judge of a county court transfers a contested
	matter in a probate proceeding to a district court on the judge's
	own motion or on the motion of a party to the proceeding as provided
	by this section, the judge may transfer the entire proceeding to
	that court on the judge's own motion or on the motion of a party. A
	district court to which an entire probate proceeding is transferred
	as provided by this subsection may hear the proceeding as if
	originally filed in that court.
	(e)  A statutory probate court judge assigned to a contested
	matter in a probate proceeding or to the entire proceeding under
	this section has the jurisdiction and authority granted to a
	statutory probate court by this subtitle.  A statutory probate
	court judge assigned to hear only the contested matter in a probate
	proceeding shall, on [On] resolution of the [a contested] matter
	[for which a statutory probate court judge is assigned under this
	section], including any appeal of the matter, [the statutory
	probate court judge shall] return the matter to the county court for
	further proceedings not inconsistent with the orders of the
	statutory probate court or court of appeals, as applicable. A
	statutory probate court judge assigned to the entire probate
	proceeding as provided by Subsection (b-1) shall, on resolution of
	the contested matter in the proceeding, including an appeal of the
	matter, return the entire proceeding to the county court for
	further proceedings not inconsistent with the orders of the
	statutory probate court or court of appeals, as applicable.
	(f)  A district court to which a contested matter in a
	probate proceeding or the entire proceeding is transferred under
	this section has the jurisdiction and authority granted to a
	statutory probate court by this subtitle.  A district court to which
	only the contested matter is transferred shall, on [On] resolution
	of the [a contested] matter [transferred to the district court
	under this section], including any appeal of the matter, [the
	district court shall] return the matter to the county court for
	further proceedings not inconsistent with the orders of the
	district court or court of appeals, as applicable. A district court
	to which an entire probate proceeding is transferred as provided by
	Subsection (b-2) shall, on resolution of the contested matter in
	the proceeding, including an appeal of the matter, return the
	entire proceeding to the county court for further proceedings not
	inconsistent with the orders of the district court or court of
	appeals, as applicable.
	(g)  If only the contested matter in a probate proceeding is
	assigned to a statutory probate court judge or transferred to a
	district court under this section, the [The] county court shall
	continue to exercise jurisdiction over the management of the
	estate, other than a contested matter, until final disposition of
	the contested matter is made in accordance with this section.  Any
	[After a contested matter is transferred to a district court, any]
	matter related to a [the] probate proceeding in which only a
	contested matter is transferred to a district court may be brought
	in the district court.  The district court in which a matter related
	to the [probate] proceeding is filed may, on its own motion or on
	the motion of any party, find that the matter is not a contested
	matter and transfer the matter to the county court with
	jurisdiction of the management of the estate.
	(i)  The clerk of a district court to which a contested
	matter in a probate proceeding or the entire proceeding is
	transferred under this section may perform in relation to the
	transferred [contested] matter or proceeding, as applicable, any
	function a county clerk may perform with respect to that type of
	matter or proceeding.
	SECTION 2.03.  Section 32.007, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 32.007.  CONCURRENT JURISDICTION WITH DISTRICT COURT.
	A statutory probate court has concurrent jurisdiction with the
	district court in:
	(1)  a personal injury, survival, or wrongful death
	action by or against a person in the person's capacity as a personal
	representative;
	(2)  an action by or against a trustee;
	(3)  an action involving an inter vivos trust,
	testamentary trust, or charitable trust, including a charitable
	trust as defined by Section 123.001, Property Code;
	(4)  an action involving a personal representative of
	an estate in which each other party aligned with the personal
	representative is not an interested person in that estate;
	(5)  an action against an agent or former agent under a
	power of attorney arising out of the agent's performance of the
	duties of an agent; and
	(6)  an action to determine the validity of a power of
	attorney or to determine an agent's rights, powers, or duties under
	a power of attorney.
	SECTION 2.04.  Subtitle A, Title 2, Estates Code, as
	effective January 1, 2014, is amended by adding Chapter 33 to read
	as follows:
	CHAPTER 33. VENUE
	SUBCHAPTER A. VENUE FOR CERTAIN PROCEEDINGS
	Sec. 33.001.  PROBATE OF WILLS AND GRANTING OF LETTERS
	TESTAMENTARY AND OF ADMINISTRATION. Venue for a probate proceeding
	to admit a will to probate or for the granting of letters
	testamentary or of administration is:
	(1)  in the county in which the decedent resided, if the
	decedent had a domicile or fixed place of residence in this state;
	or
	(2)  with respect to a decedent who did not have a
	domicile or fixed place of residence in this state:
	(A)  if the decedent died in this state, in the
	county in which:
	(i)  the decedent's principal estate was
	located at the time of the decedent's death; or
	(ii)  the decedent died; or
	(B)  if the decedent died outside of this state:
	(i)  in any county in this state in which the
	decedent's nearest of kin reside; or
	(ii)  if there is no next of kin of the
	decedent in this state, in the county in which the decedent's
	principal estate was located at the time of the decedent's death.
	Sec. 33.002.  ACTION RELATED TO PROBATE PROCEEDING IN
	STATUTORY PROBATE COURT. Except as provided by Section 33.003,
	venue for any cause of action related to a probate proceeding
	pending in a statutory probate court is proper in the statutory
	probate court in which the decedent's estate is pending.
	Sec. 33.003.  CERTAIN ACTIONS INVOLVING PERSONAL
	REPRESENTATIVE. Notwithstanding any other provision of this
	chapter, the proper venue for an action by or against a personal
	representative for personal injury, death, or property damages is
	determined under Section 15.007, Civil Practice and Remedies Code.
	Sec. 33.004.  HEIRSHIP PROCEEDINGS. (a)  Venue for a
	proceeding to determine a decedent's heirs is in:
	(1)  the court of the county in which a proceeding
	admitting the decedent's will to probate or administering the
	decedent's estate was most recently pending; or
	(2)  the court of the county in which venue would be
	proper for commencement of an administration of the decedent's
	estate under Section 33.001 if:
	(A)  no will of the decedent has been admitted to
	probate in this state and no administration of the decedent's
	estate has been granted in this state; or
	(B)  the proceeding is commenced by the trustee of
	a trust holding assets for the benefit of the decedent.
	(b)  Notwithstanding Subsection (a) and Section 33.001, if
	there is no administration pending of the estate of a deceased ward
	who died intestate, venue for a proceeding to determine the
	deceased ward's heirs is in the probate court in which the
	guardianship proceedings with respect to the ward's estate were
	pending on the date of the ward's death. A proceeding described by
	this subsection may be brought as part of the guardianship
	proceedings with respect to the ward's estate, and the court may
	determine the heirs' respective shares and interests in the estate
	as provided by the laws of this state.
	[Sections 33.005-33.050 reserved for expansion]
	SUBCHAPTER B. DETERMINATION OF VENUE
	Sec. 33.051.  COMMENCEMENT OF PROCEEDING. For purposes of
	this subchapter, a probate proceeding is considered commenced on
	the filing of an application for the proceeding that avers facts
	sufficient to confer venue on the court in which the application is
	filed.
	Sec. 33.052.  CONCURRENT VENUE. (a) If applications for
	probate proceedings involving the same estate are filed in two or
	more courts having concurrent venue, the court in which a
	proceeding involving the estate was first commenced has and retains
	jurisdiction of the proceeding to the exclusion of the other court
	or courts in which a proceeding involving the same estate was
	commenced.
	(b)  The first commenced probate proceeding extends to all of
	the decedent's property, including the decedent's estate property.
	Sec. 33.053.  PROBATE PROCEEDINGS IN MORE THAN ONE COUNTY.
	If probate proceedings involving the same estate are commenced in
	more than one county, each proceeding commenced in a county other
	than the county in which a proceeding was first commenced is stayed
	until the court in which the proceeding was first commenced makes a
	final determination of venue.
	Sec. 33.054.  JURISDICTION TO DETERMINE VENUE. (a) Subject
	to Sections 33.052 and 33.053, a court in which an application for a
	probate proceeding is filed has jurisdiction to determine venue for
	the proceeding and for any matter related to the proceeding.
	(b)  A court's determination under this section is not
	subject to collateral attack.
	Sec. 33.055.  PROTECTION FOR CERTAIN PURCHASERS.
	Notwithstanding Section 33.052, a bona fide purchaser of real
	property who relied on a probate proceeding that was not the first
	commenced proceeding, without knowledge that the proceeding was not
	the first commenced proceeding, shall be protected with respect to
	the purchase unless before the purchase an order rendered in the
	first commenced proceeding admitting the decedent's will to
	probate, determining the decedent's heirs, or granting
	administration of the decedent's estate was recorded in the office
	of the county clerk of the county in which the purchased property is
	located.
	[Sections 33.056-33.100 reserved for expansion]
	SUBCHAPTER C. TRANSFER OF PROBATE PROCEEDING
	Sec. 33.101.  TRANSFER TO OTHER COUNTY IN WHICH VENUE IS
	PROPER. If probate proceedings involving the same estate are
	commenced in more than one county and the court making a
	determination of venue as provided by Section 33.053 determines
	that venue is proper in another county, the court clerk shall make
	and retain a copy of the entire file in the case and transmit the
	original file to the court in the county in which venue is proper.
	The court to which the file is transmitted shall conduct the
	proceeding in the same manner as if the proceeding had originally
	been commenced in that county.
	Sec. 33.102.  TRANSFER FOR WANT OF VENUE. (a) If it appears
	to the court at any time before the final order in a probate
	proceeding is rendered that the court does not have priority of
	venue over the proceeding, the court shall, on the application of an
	interested person, transfer the proceeding to the proper county by
	transmitting to the proper court in that county:
	(1)  the original file in the case; and
	(2)  certified copies of all entries that have been
	made in the judge's probate docket in the proceeding.
	(b)  The court of the county to which a probate proceeding is
	transferred under Subsection (a) shall complete the proceeding in
	the same manner as if the proceeding had originally been commenced
	in that county.
	(c)  If the question as to priority of venue is not raised
	before a final order in a probate proceeding is announced, the
	finality of the order is not affected by any error in venue.
	Sec. 33.103.  TRANSFER FOR CONVENIENCE. (a) The court may
	order that a probate proceeding be transferred to the proper court
	in another county in this state if it appears to the court at any
	time before the proceeding is concluded that the transfer would be
	in the best interest of:
	(1)  the estate; or
	(2)  if there is no administration of the estate, the
	decedent's heirs or beneficiaries under the decedent's will.
	(b)  The clerk of the court from which the probate proceeding
	described by Subsection (a) is transferred shall transmit to the
	court to which the proceeding is transferred:
	(1)  the original file in the proceeding; and
	(2)  a certified copy of the index.
	Sec. 33.104.  VALIDATION OF PREVIOUS PROCEEDINGS. All
	orders entered in connection with a probate proceeding that is
	transferred to another county under a provision of this subchapter
	are valid and shall be recognized in the court to which the
	proceeding is transferred if the orders were made and entered in
	conformance with the procedure prescribed by this code.
	SECTION 2.05.  Section 52.052(b), Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	(b)  Each case file must contain each order, judgment, and
	proceeding of the court and any other probate filing with the court,
	including each:
	(1)  application for the probate of a will;
	(2)  application for the granting of administration;
	(3)  citation and notice, whether published or posted,
	including the return on the citation or notice;
	(4)  will and the testimony on which the will is
	admitted to probate;
	(5)  bond and official oath;
	(6)  inventory, appraisement, and list of claims;
	(6-a)  affidavit in lieu of the inventory,
	appraisement, and list of claims;
	(7)  exhibit and account;
	(8)  report of renting;
	(9)  application for sale or partition of real estate;
	(10)  report of sale;
	(11)  report of the commissioners of partition;
	(12)  application for authority to execute a lease for
	mineral development, or for pooling or unitization of lands,
	royalty, or other interest in minerals, or to lend or invest money;
	and
	(13)  report of lending or investing money.
	SECTION 2.06.  Section 112.052, Estates Code, as effective
	January 1, 2014, is amended by adding Subsection (d) to read as
	follows:
	(d)  A survivorship agreement may not be inferred from the
	mere fact that an account is a joint account or that an account is
	designated JT TEN, Joint Tenancy, joint, or other similar
	abbreviation.
	SECTION 2.07.  Section 113.001, Estates Code, as effective
	January 1, 2014, is amended by adding Subdivision (2-a) and
	amending Subdivision (5) to read as follows:
	(2-a)  "Charitable organization" means any
	corporation, community chest, fund, or foundation that is exempt
	from federal income tax under Section 501(a) of the Internal
	Revenue Code of 1986 by being listed as an exempt organization in
	Section 501(c)(3) of that code.
	(5)  "P.O.D. payee" means a person or charitable
	organization designated on a P.O.D. account as a person to whom the
	account is payable on request after the death of one or more
	persons.
	SECTION 2.08.  Section 113.002(b), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(b)  A P.O.D. payee, including a charitable organization, or
	beneficiary of a trust account is a party only after the account
	becomes payable to the P.O.D. payee or beneficiary by reason of the
	P.O.D. payee or beneficiary surviving the original payee or
	trustee.
	SECTION 2.09.  Section 113.151(c), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(c)  A survivorship agreement may not be inferred from the
	mere fact that the account is a joint account or that the account is
	designated JT TEN, Joint Tenancy, joint, or other similar
	abbreviation.
	SECTION 2.10.  Section 122.056(b), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(b)  If the beneficiary is a charitable organization or a
	governmental agency of this state, notice of a disclaimer required
	by Subsection (a) must be filed not later than the later of:
	(1)  the first anniversary of the date the beneficiary
	receives the notice required by Subchapter A, Chapter 308; or
	(2)  the expiration of the six-month period following
	the date the personal representative files:
	(A)  the inventory, appraisement, and list of
	claims due or owing to the estate; or
	(B)  the affidavit in lieu of the inventory,
	appraisement, and list of claims.
	SECTION 2.11.  Section 123.051, Estates Code, as effective
	January 1, 2014, is amended by amending Subdivision (2) and adding
	Subdivision (2-a) to read as follows:
	(2)  "Divorced individual" means an individual whose
	marriage has been dissolved by divorce, [or] annulment, or a
	declaration that the marriage is void.
	(2-a)  "Relative" means an individual who is related to
	another individual by consanguinity or affinity, as determined
	under Sections 573.022 and 573.024, Government Code, respectively.
	SECTION 2.12.  Section 123.052(a), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(a)  The dissolution of the marriage revokes a provision in a
	trust instrument that was executed by a divorced individual before
	the divorced individual's marriage was dissolved and that:
	(1)  is a revocable disposition or appointment of
	property made to the divorced individual's former spouse or any
	relative of the former spouse who is not a relative of the divorced
	individual;
	(2)  confers a general or special power of appointment
	on the divorced individual's former spouse or any relative of the
	former spouse who is not a relative of the divorced individual; or
	(3)  nominates the divorced individual's former spouse
	or any relative of the former spouse who is not a relative of the
	divorced individual to serve:
	(A)  as a personal representative, trustee,
	conservator, agent, or guardian; or
	(B)  in another fiduciary or representative
	capacity.
	SECTION 2.13.  Section 123.053, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 123.053.  EFFECT OF REVOCATION.  (a)  An interest
	granted in a provision of a trust instrument that is revoked under
	Section 123.052(a)(1) or (2) passes as if the former spouse of the
	divorced individual who executed the trust instrument and each
	relative of the former spouse who is not a relative of the divorced
	individual disclaimed the interest granted in the provision.
	(b)  An interest granted in a provision of a trust instrument
	that is revoked under Section 123.052(a)(3) passes as if the former
	spouse and each relative of the former spouse who is not a relative
	of the divorced individual died immediately before the dissolution
	of the marriage.
	SECTION 2.14.  Section 123.054, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 123.054.  LIABILITY OF CERTAIN PURCHASERS OR RECIPIENTS
	OF CERTAIN PAYMENTS, BENEFITS, OR PROPERTY.  A bona fide purchaser
	of property from a divorced individual's former spouse or any
	relative of the former spouse who is not a relative of the divorced
	individual or a person who receives from the former spouse or any
	relative of the former spouse who is not a relative of the divorced
	individual a payment, benefit, or property in partial or full
	satisfaction of an enforceable obligation:
	(1)  is not required by this subchapter to return the
	payment, benefit, or property; and
	(2)  is not liable under this subchapter for the amount
	of the payment or the value of the property or benefit.
	SECTION 2.15.  Section 123.055, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 123.055.  LIABILITY OF FORMER SPOUSE FOR CERTAIN
	PAYMENTS, BENEFITS, OR PROPERTY.  A divorced individual's former
	spouse or any relative of the former spouse who is not a relative of
	the divorced individual who, not for value, receives a payment,
	benefit, or property to which the former spouse or the relative of
	the former spouse who is not a relative of the divorced individual
	is not entitled as a result of Sections 123.052(a) and (b):
	(1)  shall return the payment, benefit, or property to
	the person who is entitled to the payment, benefit, or property
	under this subchapter; or
	(2)  is personally liable to the person described by
	Subdivision (1) for the amount of the payment or the value of the
	benefit or property received, as applicable.
	SECTION 2.16.  Section 202.001, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 202.001.  GENERAL AUTHORIZATION FOR AND NATURE OF
	PROCEEDING TO DECLARE HEIRSHIP.  In the manner provided by this
	chapter, a court may determine through a proceeding to declare
	heirship:
	(1)  the persons who are a decedent's heirs and only
	heirs; and
	(2)  the heirs' respective shares and interests under
	the laws of this state in the decedent's estate or, if applicable,
	in the trust.
	SECTION 2.17.  Section 202.002, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 202.002.  CIRCUMSTANCES UNDER WHICH PROCEEDING TO
	DECLARE HEIRSHIP IS AUTHORIZED.  A court may conduct a proceeding to
	declare heirship when:
	(1)  a person dies intestate owning or entitled to
	property in this state and there has been no administration in this
	state of the person's estate; [or]
	(2)  there has been a will probated in this state or
	elsewhere or an administration in this state of a [the] decedent's
	estate, but:
	(A)  property in this state was omitted from the
	will or administration; or
	(B)  no final disposition of property in this
	state has been made in the administration; or
	(3)  it is necessary for the trustee of a trust holding
	assets for the benefit of a decedent to determine the heirs of the
	decedent.
	SECTION 2.18.  Section 202.004, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 202.004.  PERSONS WHO MAY COMMENCE PROCEEDING TO
	DECLARE HEIRSHIP.  A proceeding to declare heirship of a decedent
	may be commenced and maintained under a circumstance specified by
	Section 202.002 by:
	(1)  the personal representative of the decedent's
	estate;
	(2)  a person claiming to be a secured creditor or the
	owner of all or part of the decedent's estate; [or]
	(3)  if the decedent was a ward with respect to whom a
	guardian of the estate had been appointed, the guardian of the
	estate, provided that the proceeding is commenced and maintained in
	the probate court in which the proceedings for the guardianship of
	the estate were pending at the time of the decedent's death;
	(4)  a party seeking the appointment of an independent
	administrator under Section 401.003; or
	(5)  the trustee of a trust holding assets for the
	benefit of a decedent.
	SECTION 2.19.  Section 202.005, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 202.005.  APPLICATION FOR PROCEEDING TO DECLARE
	HEIRSHIP.  A person authorized by Section 202.004 to commence a
	proceeding to declare heirship must file an application in a court
	specified by Section 33.004 [202.003] to commence the proceeding.
	The application must state:
	(1)  the decedent's name and time and place of death;
	(2)  the names and residences of the decedent's heirs,
	the relationship of each heir to the decedent, and the true interest
	of the applicant and each of the heirs in the decedent's estate or
	in the trust, as applicable;
	(3)  if the time or place of the decedent's death or the
	name or residence of an heir is not definitely known to the
	applicant, all the material facts and circumstances with respect to
	which the applicant has knowledge and information that might
	reasonably tend to show the time or place of the decedent's death or
	the name or residence of the heir;
	(4)  that all children born to or adopted by the
	decedent have been listed;
	(5)  that each of the decedent's marriages has been
	listed with:
	(A)  the date of the marriage;
	(B)  the name of the spouse;
	(C)  the date and place of termination if the
	marriage was terminated; and
	(D)  other facts to show whether a spouse has had
	an interest in the decedent's property;
	(6)  whether the decedent died testate and, if so, what
	disposition has been made of the will;
	(7)  a general description of all property belonging to
	the decedent's estate or held in trust for the benefit of the
	decedent, as applicable; and
	(8)  an explanation for the omission from the
	application of any of the information required by this section.
	SECTION 2.20.  Section 251.101, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 251.101.  SELF-PROVED WILL.  A self-proved will is a
	will:
	(1)  to which a self-proving affidavit subscribed and
	sworn to by the testator and witnesses is attached or annexed; or
	(2)  that is simultaneously executed, attested, and
	made self-proved as provided by Section 251.1045 [is a self-proved
	will].
	SECTION 2.21.  Section 251.102(a), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(a)  A self-proved will may be admitted to probate without
	the testimony of any subscribing witnesses if:
	(1)  the testator and witnesses execute a self-proving
	affidavit; or
	(2)  the will is simultaneously executed, attested, and
	made self-proved as provided by Section 251.1045.
	SECTION 2.22.  Subchapter C, Chapter 251, Estates Code, as
	effective January 1, 2014, is amended by adding Section 251.1045 to
	read as follows:
	Sec. 251.1045.  SIMULTANEOUS EXECUTION, ATTESTATION, AND
	SELF-PROVING.  As an alternative to the self-proving of a will by
	the affidavits of the testator and the attesting witnesses as
	provided by Section 251.104, a will may be simultaneously executed,
	attested, and made self-proved before an officer authorized to
	administer oaths under the laws of this state, and the testimony of
	the witnesses in the probate of the will may be made unnecessary,
	with the inclusion in the will of the following in form and contents
	substantially as follows:
	I, ______________________, as testator, after being duly
	sworn, declare to the undersigned witnesses and to the undersigned
	authority that this instrument is my will, that I have willingly
	made and executed it in the presence of the undersigned witnesses,
	all of whom were present at the same time, as my free act and deed,
	and that I have requested each of the undersigned witnesses to sign
	this will in my presence and in the presence of each other. I now
	sign this will in the presence of the attesting witnesses and the
	undersigned authority on this ______ day of __________,
	20________________.
	____________________________________
	Testator
	The undersigned, __________ and __________, each being at
	least fourteen years of age, after being duly sworn, declare to the
	testator and to the undersigned authority that the testator
	declared to us that this instrument is the testator's will and that
	the testator requested us to act as witnesses to the testator's will
	and signature. The testator then signed this will in our presence,
	all of us being present at the same time. The testator is eighteen
	years of age or over (or being under such age, is or has been
	lawfully married, or is a member of the armed forces of the United
	States or of an auxiliary of the armed forces of the United States
	or of the United States Maritime Service), and we believe the
	testator to be of sound mind. We now sign our names as attesting
	witnesses in the presence of the testator, each other, and the
	undersigned authority on this __________ day of __________,
	20______________.
	___________________________
	Witness
	___________________________
	Witness
	Subscribed and sworn to before me by the said _________,
	testator, and by the said _____________ and ______________,
	witnesses, this _____ day of __________, 20____________.
	(SEAL)
	(Signed)___________________
	(Official Capacity of Officer)
	SECTION 2.23.  Chapter 254, Estates Code, as effective
	January 1, 2014, is amended by adding Section 254.005 to read as
	follows:
	Sec. 254.005.  FORFEITURE CLAUSE.  A provision in a will that
	would cause a forfeiture of or void a devise or provision in favor
	of a person or the person's descendants or a trust for the benefit
	of a person or the person's descendants for bringing any court
	action, including contesting a will, is unenforceable if:
	(1)  just cause existed for bringing the action; and
	(2)  the action was brought and maintained in good
	faith.
	SECTION 2.24.  Section 255.053(a), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(a)  If no provision is made in the testator's last will for
	any child of the testator who is living when the testator executes
	the will, a pretermitted child succeeds to the portion of the
	testator's separate and community estate, other than any portion of
	the estate devised to either the testator's surviving spouse or the
	pretermitted child's other parent, to which the pretermitted child
	would have been entitled under Section 201.001 if the testator had
	died intestate without a surviving spouse.
	SECTION 2.25.  Section 255.054, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 255.054.  SUCCESSION BY PRETERMITTED CHILD IF TESTATOR
	HAS NO LIVING CHILD AT WILL'S EXECUTION.  If a testator has no child
	living when the testator executes the testator's last will, a
	pretermitted child succeeds to the portion of the testator's
	separate and community estate, other than any portion of the estate
	devised to either the testator's surviving spouse or the
	pretermitted child's other parent, to which the pretermitted child
	would have been entitled under Section 201.001 if the testator had
	died intestate without a surviving spouse.
	SECTION 2.26.  Section 255.055(a), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(a)  A pretermitted child may recover the share of the
	testator's estate to which the child is entitled from the testator's
	other children under Section 255.053(b) or from the testamentary
	beneficiaries under Sections 255.053(a) and 255.054, other than the
	testator's surviving spouse and the pretermitted child's other
	parent, ratably, out of the portions of the estate passing to those
	persons under the will.
	SECTION 2.27.  Section 256.152(b), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(b)  A will that is self-proved as provided by this title or,
	if executed in another state, is self-proved in accordance with the
	laws of the state of the testator's domicile at the time of the
	execution is not required to have any additional proof that the will
	was executed with the formalities and solemnities and under the
	circumstances required to make the will valid.
	SECTION 2.28.  Section 308.004(b), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(b)  The affidavit or certificate required by Subsection (a)
	may be included with any pleading or other document filed with the
	court clerk, including the inventory, appraisement, and list of
	claims, an affidavit in lieu of the inventory, appraisement, and
	list of claims, or an application for an extension of the deadline
	to file the inventory, appraisement, and list of claims or an
	affidavit in lieu of the inventory, appraisement, and list of
	claims, provided that the pleading or other document is filed not
	later than the date the affidavit or certificate is required to be
	filed under Subsection (a).
	SECTION 2.29.  The heading to Subchapter B, Chapter 309,
	Estates Code, as effective January 1, 2014, is amended to read as
	follows:
	SUBCHAPTER B.  REQUIREMENTS FOR INVENTORY, APPRAISEMENT, AND LIST
	OF CLAIMS; AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST
	OF CLAIMS
	SECTION 2.30.  Section 309.051(a), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(a)  Except as provided by Subsection (c) or unless a longer
	period is granted by the court, before the 91st day after the date
	the personal representative qualifies, the representative shall
	prepare and file with the court clerk a single written instrument
	that contains a verified, full, and detailed inventory of all
	estate property that has come into the representative's possession
	or of which the representative has knowledge.  The inventory must:
	(1)  include:
	(A)  all estate real property located in this
	state; and
	(B)  all estate personal property regardless of
	where the property is located; and
	(2)  specify[:
	[(A)]  which portion of the property, if any, is
	separate property and which, if any, is community property[; and
	[(B)     if estate property is owned in common with
	others, the interest of the estate in that property and the names
	and relationship, if known, of the co-owners].
	SECTION 2.31.  Section 309.052, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 309.052.  LIST OF CLAIMS.  A complete list of claims due
	or owing to the estate must be attached to the inventory and
	appraisement required by Section 309.051.  The list of claims must
	state:
	(1)  the name and, if known, address of each person
	indebted to the estate; and
	(2)  regarding each claim:
	(A)  the nature of the debt, whether by note,
	bill, bond, or other written obligation, or by account or verbal
	contract;
	(B)  the date the debt was incurred;
	(C)  the date the debt was or is due;
	(D)  the amount of the claim, the rate of interest
	on the claim, and the period for which the claim bears interest; and
	(E)  whether the claim is separate property or
	community property[; and
	[(F)     if any portion of the claim is held in common
	with others, the interest of the estate in the claim and the names
	and relationships, if any, of the other part owners].
	SECTION 2.32.  Section 309.055, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 309.055.  FAILURE OF JOINT PERSONAL REPRESENTATIVES TO
	FILE INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN
	LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.  (a)  If more
	than one personal representative qualifies to serve, any one or
	more of the representatives, on the neglect of the other
	representatives, may make and file an inventory, appraisement, and
	list of claims or an affidavit in lieu of an inventory,
	appraisement, and list of claims.
	(b)  A personal representative who neglects to make or file
	an inventory, appraisement, and list of claims or an affidavit in
	lieu of an inventory, appraisement, and list of claims may not
	interfere with and does not have any power over the estate after
	another representative makes and files an inventory, appraisement,
	and list of claims or an affidavit in lieu of an inventory,
	appraisement, and list of claims.
	(c)  The personal representative who files the inventory,
	appraisement, and list of claims or the affidavit in lieu of an
	inventory, appraisement, and list of claims is entitled to the
	whole administration unless, before the 61st day after the date the
	representative files the inventory, appraisement, and list of
	claims or the affidavit in lieu of an inventory, appraisement, and
	list of claims, one or more delinquent representatives file with
	the court a written, sworn, and reasonable excuse that the court
	considers satisfactory.  The court shall enter an order removing
	one or more delinquent representatives and revoking those
	representatives' letters if:
	(1)  an excuse is not filed; or
	(2)  the court does not consider the filed excuse
	sufficient.
	SECTION 2.33.  Subchapter B, Chapter 309, Estates Code, as
	effective January 1, 2014, is amended by adding Section 309.056 to
	read as follows:
	Sec. 309.056.  AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT,
	AND LIST OF CLAIMS.  (a)  Notwithstanding Sections 309.051 and
	309.052, if there are no unpaid debts, except for secured debts,
	taxes, and administration expenses, at the time the inventory is
	due, including any extensions, the personal representative may file
	with the court clerk, in lieu of the inventory, appraisement, and
	list of claims, an affidavit stating that all debts, except for
	secured debts, taxes, and administration expenses, are paid and
	that all beneficiaries have received a verified, full, and detailed
	inventory and appraisement.  The affidavit in lieu of the
	inventory, appraisement, and list of claims must be filed within
	the 90-day period prescribed by Section 309.051(a), unless the
	court grants an extension.
	(b)  In this section, "beneficiary" means a person, entity,
	state, governmental agency of the state, charitable organization,
	or trust entitled to receive property:
	(1)  under the terms of a decedent's will, to be
	determined for purposes of this section with the assumption that
	each person who is alive on the date of the decedent's death
	survives any period required to receive the bequest as specified by
	the terms of the will; or
	(2)  as an heir of the decedent.
	SECTION 2.34.  Section 309.101, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 309.101.  DISCOVERY OF ADDITIONAL PROPERTY OR CLAIMS.
	(a)  If after the filing of the inventory, appraisement, and list of
	claims the personal representative acquires possession or
	knowledge of property or claims of the estate not included in the
	inventory, appraisement, and list of claims the representative
	shall promptly file with the court clerk a verified, full, and
	detailed supplemental inventory, appraisement, and list of claims.
	(b)  If after the filing of the affidavit in lieu of the
	inventory, appraisement, and list of claims the personal
	representative acquires possession or knowledge of property or
	claims of the estate not included in the inventory and appraisement
	given to the beneficiaries the representative shall promptly file
	with the court clerk a supplemental affidavit in lieu of the
	inventory, appraisement, and list of claims stating that all
	beneficiaries have received a verified, full, and detailed
	supplemental inventory and appraisement.
	SECTION 2.35.  Section 310.003(b), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(b)  Fees and expenses of an attorney, accountant, or other
	professional advisor, compensation [commissions] and expenses of a
	personal representative, court costs, and all other similar fees or
	expenses relating to the administration of the estate and interest
	relating to estate taxes shall be allocated between the income and
	principal of the estate as the executor determines in the
	executor's discretion to be just and equitable.
	SECTION 2.36.  Sections 352.001 and 352.002, Estates Code,
	as effective January 1, 2014, are amended to read as follows:
	Sec. 352.001.  [DEFINITION.   In this subchapter, "financial
	institution" means an organization authorized to engage in business
	under state or federal laws relating to financial institutions,
	including:
	[(1)  a bank;
	[(2)  a trust company;
	[(3)  a savings bank;
	[(4)  a building and loan association;
	[(5)  a savings and loan company or association; and
	[(6)  a credit union.
	[Sec. 352.002.]  STANDARD COMPENSATION.  [(a)]  An executor,
	administrator, or temporary administrator who has [a court finds to
	have] taken care of and managed a decedent's [an] estate in
	compliance with the standards of this title is entitled to
	reasonable compensation unless the decedent's will provides
	otherwise [receive a five percent commission on all amounts that
	the executor or administrator actually receives or pays out in cash
	in the administration of the estate.
	[(b)  The commission described by Subsection (a):
	[(1)     may not exceed, in the aggregate, more than five
	percent of the gross fair market value of the estate subject to
	administration; and
	[(2)  is not allowed for:
	[(A)     receiving funds belonging to the testator or
	intestate that were, at the time of the testator's or intestate's
	death, either on hand or held for the testator or intestate in a
	financial institution or a brokerage firm, including cash or a cash
	equivalent held in a checking account, savings account, certificate
	of deposit, or money market account;
	[(B)     collecting the proceeds of a life insurance
	policy; or
	[(C)     paying out cash to an heir or legatee in that
	person's capacity as an heir or legatee].
	SECTION 2.37.  Section 352.004, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 352.004.  DENIAL OF COMPENSATION.  The court may, on
	application of an interested person or on the court's own motion,
	wholly or partly deny compensation [a commission] allowed by this
	subchapter if:
	(1)  the court finds that the executor or administrator
	has not taken care of and managed estate property prudently; or
	(2)  the executor or administrator has been removed
	under Section 149C or Subchapter B, Chapter 361.
	SECTION  2.38.  Sections 353.051(a) and (b), Estates Code,
	as effective January 1, 2014, are amended to read as follows:
	(a)  Unless an application and verified affidavit are filed
	as provided by Subsection (b), immediately after the inventory,
	appraisement, and list of claims of an estate are approved or after
	the affidavit in lieu of the inventory, appraisement, and list of
	claims is filed, the court by order shall set aside:
	(1)  the homestead for the use and benefit of the
	decedent's surviving spouse and minor children; and
	(2)  all other estate property that is exempt from
	execution or forced sale by the constitution and laws of this state
	for the use and benefit of the decedent's:
	(A)  surviving spouse and minor children; and
	(B)  unmarried children remaining with the
	decedent's family.
	(b)  Before the inventory, appraisement, and list of claims
	of an estate are approved or, if applicable, after the affidavit in
	lieu of the inventory, appraisement, and list of claims is filed:
	(1)  the decedent's surviving spouse or any other
	person authorized to act on behalf of the decedent's minor children
	may apply to the court to have exempt property, including the
	homestead, set aside by filing an application and a verified
	affidavit listing all property that the applicant claims is exempt;
	and
	(2)  any of the decedent's unmarried children remaining
	with the decedent's family may apply to the court to have all exempt
	property, other than the homestead, set aside by filing an
	application and a verified affidavit listing all property, other
	than the homestead, that the applicant claims is exempt.
	SECTION 2.39.  Sections 353.101(a) and (b), Estates Code, as
	effective January 1, 2014, are amended to read as follows:
	(a)  Unless an application and verified affidavit are filed
	as provided by Subsection (b), immediately after the inventory,
	appraisement, and list of claims of an estate are approved or after
	the affidavit in lieu of the inventory, appraisement, and list of
	claims is filed, the court shall fix a family allowance for the
	support of the decedent's surviving spouse and minor children.
	(b)  Before the inventory, appraisement, and list of claims
	of an estate are approved or, if applicable, after the affidavit in
	lieu of the inventory, appraisement, and list of claims is filed,
	the decedent's surviving spouse or any other person authorized to
	act on behalf of the decedent's minor children may apply to the
	court to have the court fix the family allowance by filing an
	application and a verified affidavit describing:
	(1)  the amount necessary for the maintenance of the
	surviving spouse and the decedent's minor children for one year
	after the date of the decedent's death; and
	(2)  the surviving spouse's separate property and any
	property that the decedent's minor children have in their own
	right.
	SECTION 2.40.  Section 353.107(a), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(a)  The court shall, as soon as the inventory, appraisement,
	and list of claims are returned and approved or the affidavit in
	lieu of the inventory, appraisement, and list of claims is filed,
	order the sale of estate property for cash in an amount that will be
	sufficient to raise the amount of the family allowance, or a portion
	of that amount, as necessary, if:
	(1)  the decedent had no personal property that the
	surviving spouse or the guardian of the decedent's minor children
	is willing to take for the family allowance or the decedent had
	insufficient personal property; and
	(2)  there are not sufficient estate funds in the
	executor's or administrator's possession to pay the amount of the
	family allowance or a portion of that amount, as applicable.
	SECTION 2.41.  Section 354.001(a), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(a)  If, after a personal representative of an estate has
	filed the inventory, appraisement, and list of claims or the
	affidavit in lieu of the inventory, appraisement, and list of
	claims as provided [required] by Chapter 309, it is established
	that the decedent's estate, excluding any homestead, exempt
	property, and family allowance to the decedent's surviving spouse
	and minor children, does not exceed the amount sufficient to pay the
	claims against the estate classified as Classes 1 through 4 under
	Section 355.102, the representative shall:
	(1)  on order of the court, pay those claims in the
	order provided and to the extent permitted by the assets of the
	estate subject to the payment of those claims; and
	(2)  after paying the claims in accordance with
	Subdivision (1), present to the court the representative's account
	with an application for the settlement and allowance of the
	account.
	SECTION 2.42.  Section 354.051, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 354.051.  REQUIRED REPORT ON CONDITION OF ESTATE. At
	any time after the return of the inventory, appraisement, and list
	of claims of an estate or the filing of an affidavit in lieu of the
	inventory, appraisement, and list of claims as provided for in
	[required by] Chapter 309, anyone entitled to a portion of the
	estate, by a written complaint filed in the court in which the case
	is pending, may have the estate's executor or administrator cited
	to appear and render under oath an exhibit of the condition of the
	estate.
	SECTION 2.43.  Section 356.051(a), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(a)  After approval of the inventory, appraisement, and list
	of claims or the filing of the affidavit in lieu of the inventory,
	appraisement, and list of claims, the personal representative of an
	estate promptly shall apply for a court order to sell, at public
	auction or privately, for cash or on credit for a term not to exceed
	six months, all estate property that is liable to perish, waste, or
	deteriorate in value, or that will be an expense or disadvantage to
	the estate if kept.
	SECTION 2.44.  Section 360.002(a), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(a)  At any time after original letters testamentary or of
	administration are granted and the inventory, appraisement, and
	list of claims are filed and approved or the affidavit in lieu of
	the inventory, appraisement, and list of claims is filed, an
	executor, administrator, heir, or devisee of a decedent's estate,
	by written application filed in the court in which the estate is
	pending, may request a distribution of any portion of the estate.
	SECTION 2.45.  Section 360.253(a), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(a)  If a spouse dies leaving community property, the
	surviving spouse, at any time after letters testamentary or of
	administration have been granted and an inventory, appraisement,
	and list of claims of the estate have been returned or an affidavit
	in lieu of the inventory, appraisement, and list of claims has been
	filed, may apply in writing to the court that granted the letters
	for a partition of the community property.
	SECTION 2.46.  Section 361.051, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 361.051.  REMOVAL WITHOUT NOTICE. The court, on the
	court's own motion or on the motion of any interested person, and
	without notice, may remove a personal representative appointed
	under this title who:
	(1)  neglects to qualify in the manner and time
	required by law;
	(2)  fails to return, before the 91st day after the date
	the representative qualifies, either an inventory of the estate
	property and a list of claims that have come to the representative's
	knowledge or an affidavit in lieu of the inventory, appraisement,
	and list of claims, unless that deadline is extended by court order;
	(3)  if required, fails to give a new bond within the
	time prescribed;
	(4)  is absent from the state for a consecutive period
	of three or more months without the court's permission, or moves out
	of state;
	(5)  cannot be served with notices or other processes
	because:
	(A)  the representative's whereabouts are
	unknown;
	(B)  the representative is eluding service; or
	(C)  the representative is a nonresident of this
	state who does not have a resident agent to accept service of
	process in any probate proceeding or other action relating to the
	estate; or
	(6)  subject to Section 361.054(a), has misapplied,
	embezzled, or removed from the state, or is about to misapply,
	embezzle, or remove from the state, all or part of the property
	entrusted to the representative's care.
	SECTION 2.47.  The heading to Section 361.155, Estates Code,
	as effective January 1, 2014, is amended to read as follows:
	Sec. 361.155.  SUCCESSOR REPRESENTATIVE TO RETURN
	INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF
	INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.
	SECTION 2.48.  Section 361.155(a), Estates Code, as
	effective January 1, 2014, is amended to read as follows:
	(a)  An appointee who has qualified to succeed a former
	personal representative, before the 91st day after the date the
	personal representative qualifies, shall make and return to the
	court an inventory, appraisement, and list of claims of the estate
	or file an affidavit in lieu of the inventory, appraisement, and
	list of claims [before the 91st day after the date the personal
	representative qualifies], in the manner provided for [required of]
	an original appointee, and shall also return additional
	inventories, appraisements, and lists of claims and additional
	affidavits in the manner provided for [required of] an original
	appointee.
	SECTION 2.49.  Subtitle I, Title 2, Estates Code, as
	effective January 1, 2014, is amended by adding Chapters 401, 402,
	403, 404, and 405 to read as follows:
	CHAPTER 401.  CREATION
	Sec. 401.001.  EXPRESSION OF TESTATOR'S INTENT IN WILL.  (a)
	Any person capable of making a will may provide in the person's will
	that no other action shall be had in the probate court in relation
	to the settlement of the person's estate than the probating and
	recording of the will and the return of an inventory, appraisement,
	and list of claims of the person's estate.
	(b)  Any person capable of making a will may provide in the
	person's will that no independent administration of his or her
	estate may be allowed. In such case the person's estate, if
	administered, shall be administered and settled under the direction
	of the probate court as other estates are required to be settled and
	not as an independent administration.
	Sec. 401.002.  CREATION IN TESTATE ESTATE BY AGREEMENT.  (a)
	Except as provided in Section 401.001(b), if a decedent's will
	names an executor but the will does not provide for independent
	administration as provided in Section 401.001(a), all of the
	distributees of the decedent may agree on the advisability of
	having an independent administration and collectively designate in
	the application for probate of the decedent's will the executor
	named in the will to serve as independent executor and request in
	the application that no other action shall be had in the probate
	court in relation to the settlement of the decedent's estate other
	than the probating and recording of the decedent's will and the
	return of an inventory, appraisement, and list of claims of the
	decedent's estate.  In such case the probate court shall enter an
	order granting independent administration and appointing the
	person, firm, or corporation designated in the application as
	independent executor, unless the court finds that it would not be in
	the best interest of the estate to do so.
	(b)  Except as provided in Section 401.001(b), in situations
	where no executor is named in the decedent's will, or in situations
	where each executor named in the will is deceased or is disqualified
	to serve as executor or indicates by affidavit filed with the
	application for administration of the decedent's estate the
	executor's inability or unwillingness to serve as executor, all of
	the distributees of the decedent may agree on the advisability of
	having an independent administration and collectively designate in
	the application for probate of the decedent's will a qualified
	person, firm, or corporation to serve as independent administrator
	and request in the application that no other action shall be had in
	the probate court in relation to the settlement of the decedent's
	estate other than the probating and recording of the decedent's
	will and the return of an inventory, appraisement, and list of
	claims of the decedent's estate.  In such case the probate court
	shall enter an order granting independent administration and
	appointing the person, firm, or corporation designated in the
	application as independent administrator, unless the court finds
	that it would not be in the best interest of the estate to do so.
	Sec. 401.003.  CREATION IN INTESTATE ESTATE BY AGREEMENT.
	(a)  All of the distributees of a decedent dying intestate may agree
	on the advisability of having an independent administration and
	collectively designate in the application for administration of the
	decedent's estate a qualified person, firm, or corporation to serve
	as independent administrator and request in the application that no
	other action shall be had in the probate court in relation to the
	settlement of the decedent's estate other than the return of an
	inventory, appraisement, and list of claims of the decedent's
	estate.  In such case the probate court shall enter an order
	granting independent administration and appointing the person,
	firm, or corporation designated in the application as independent
	administrator, unless the court finds that it would not be in the
	best interest of the estate to do so.
	(b)  The court may not appoint an independent administrator
	to serve in an intestate administration unless and until the
	parties seeking appointment of the independent administrator have
	been determined, through a proceeding to declare heirship under
	Chapter 202, to constitute all of the decedent's heirs.
	Sec. 401.004.  MEANS OF ESTABLISHING DISTRIBUTEE CONSENT.
	(a)  This section applies to the creation of an independent
	administration under Section 401.002 or 401.003.
	(b)  All distributees shall be served with citation and
	notice of the application for independent administration unless the
	distributee waives the issuance or service of citation or enters an
	appearance in court.
	(c)  If a distributee is an incapacitated person, the
	guardian of the person of the distributee may sign the application
	on behalf of the distributee.  If the probate court finds that
	either the granting of independent administration or the
	appointment of the person, firm, or corporation designated in the
	application as independent executor would not be in the best
	interest of the incapacitated person, then, notwithstanding
	anything to the contrary in Section 401.002 or 401.003, the court
	may not enter an order granting independent administration of the
	estate.  If a distributee who is an incapacitated person has no
	guardian of the person, the probate court may appoint a guardian ad
	litem to make application on behalf of the incapacitated person if
	the court considers such an appointment necessary to protect the
	interest of the distributees.  Alternatively, if the distributee
	who is an incapacitated person is a minor and has no guardian of the
	person, the natural guardian or guardians of the minor may consent
	on the minor's behalf if there is no conflict of interest between
	the minor and the natural guardian or guardians.
	(d)  If a trust is created in the decedent's will, the person
	or class of persons first eligible to receive the income from the
	trust, when determined as if the trust were to be in existence on
	the date of the decedent's death, shall, for the purposes of Section
	401.002, be considered to be the distributee or distributees on
	behalf of the trust, and any other trust or trusts coming into
	existence on the termination of the trust, and are authorized to
	apply for independent administration on behalf of the trusts
	without the consent or agreement of the trustee or any other
	beneficiary of the trust, or the trustee or any beneficiary of any
	other trust which may come into existence on the termination of the
	trust.  If a trust beneficiary who is considered to be a distributee
	under this subsection is an incapacitated person, the trustee or
	cotrustee may file the application or give the consent, provided
	that the trustee or cotrustee is not the person proposed to serve as
	the independent executor.
	(e)  If a life estate is created either in the decedent's
	will or by law, the life tenant or life tenants, when determined as
	if the life estate were to commence on the date of the decedent's
	death, shall, for the purposes of Section 401.002 or 401.003, be
	considered to be the distributee or distributees on behalf of the
	entire estate created, and are authorized to apply for independent
	administration on behalf of the estate without the consent or
	approval of any remainderman.
	(f)  If a decedent's will contains a provision that a
	distributee must survive the decedent by a prescribed period of
	time in order to take under the decedent's will, then, for the
	purposes of determining who shall be the distributee under Section
	401.002 and under Subsection (c), it shall be presumed that the
	distributees living at the time of the filing of the application for
	probate of the decedent's will survived the decedent by the
	prescribed period.
	(g)  In the case of all decedents, whether dying testate or
	intestate, for the purposes of determining who shall be the
	distributees under Section 401.002 or 401.003 and under Subsection
	(c), it shall be presumed that no distributee living at the time the
	application for independent administration is filed shall
	subsequently disclaim any portion of the distributee's interest in
	the decedent's estate.
	(h)  If a distributee of a decedent's estate dies and if by
	virtue of the distributee's death the distributee's share of the
	decedent's estate becomes payable to the distributee's estate, the
	deceased distributee's personal representative may sign the
	application for independent administration of the decedent's
	estate under Section 401.002 or 401.003 and under Subsection (c).
	Sec. 401.005.  BOND; WAIVER OF BOND.  (a)  If an independent
	administration of a decedent's estate is created under Section
	401.002 or 401.003, then, unless the probate court waives bond on
	application for waiver, the independent executor shall be required
	to enter into bond payable to and to be approved by the judge and the
	judge's successors in a sum that is found by the judge to be
	adequate under all circumstances, or a bond with one surety in a sum
	that is found by the judge to be adequate under all circumstances,
	if the surety is an authorized corporate surety.
	(b)  This section does not repeal any other section of this
	title.
	Sec. 401.006.  GRANTING POWER OF SALE BY AGREEMENT.  In a
	situation in which a decedent does not have a will, or a decedent's
	will does not contain language authorizing the personal
	representative to sell real property or contains language that is
	not sufficient to grant the representative that authority, the
	court may include in an order appointing an independent executor
	under Section 401.002 or 401.003 any general or specific authority
	regarding the power of the independent executor to sell real
	property that may be consented to by the beneficiaries who are to
	receive any interest in the real property in the application for
	independent administration or in their consents to the independent
	administration.  The independent executor, in such event, may sell
	the real property under the authority granted in the court order
	without the further consent of those beneficiaries.
	Sec. 401.007.  NO LIABILITY OF JUDGE.  Absent proof of fraud
	or collusion on the part of a judge, no judge may be held civilly
	liable for the commission of misdeeds or the omission of any
	required act of any person, firm, or corporation designated as an
	independent executor under Section 401.002 or 401.003.  Section
	351.354 does not apply to the appointment of an independent
	executor under Section 401.002 or 401.003.
	Sec. 401.008.  PERSON DECLINING TO SERVE.  A person who
	declines to serve or resigns as independent executor of a
	decedent's estate may be appointed an executor or administrator of
	the estate if the estate will be administered and settled under the
	direction of the court.
	CHAPTER 402.  ADMINISTRATION
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 402.001.  GENERAL SCOPE AND EXERCISE OF POWERS.  When an
	independent administration has been created, and the order
	appointing an independent executor has been entered by the probate
	court, and the inventory, appraisement, and list of claims has been
	filed by the independent executor and approved by the court or an
	affidavit in lieu of the inventory, appraisement, and list of
	claims has been filed by the independent executor, as long as the
	estate is represented by an independent executor, further action of
	any nature may not be had in the probate court except where this
	title specifically and explicitly provides for some action in the
	court.
	Sec. 402.002.  INDEPENDENT EXECUTORS MAY ACT WITHOUT COURT
	APPROVAL.  Unless this title specifically provides otherwise, any
	action that a personal representative subject to court supervision
	may take with or without a court order may be taken by an
	independent executor without a court order.  The other provisions
	of this subtitle are designed to provide additional guidance
	regarding independent administrations in specified situations, and
	are not designed to limit by omission or otherwise the application
	of the general principles set forth in this chapter.
	[Sections 402.003-402.050 reserved for expansion]
	SUBCHAPTER B.  POWER OF SALE
	Sec. 402.051.  POWER OF SALE OF ESTATE PROPERTY GENERALLY.
	(a)  An independent executor has the power of sale of estate
	property set forth in the will, if applicable, that may be exercised
	without court approval as otherwise provided for independent
	administrations.
	(b)  Unless limited by the terms of a will, an independent
	executor, in addition to any power of sale of estate property given
	in the will, has the same power of sale for the same purposes as a
	personal representative has in a supervised administration, but
	without the requirement of court approval. The procedural
	requirements applicable to a supervised administration do not
	apply.
	Sec. 402.052.  PROTECTION OF PERSON PURCHASING ESTATE
	PROPERTY.  (a)  A person who is not a devisee or heir is not required
	to inquire into an independent executor's power of sale of estate
	property or the propriety of the exercise of the power of sale if
	the person deals with the independent executor in good faith and:
	(1)  a power of sale is granted to the independent
	executor in the will or in the court order appointing the
	independent executor; or
	(2)  the independent executor provides an affidavit,
	executed and sworn to under oath and recorded in the deed records of
	the county where the property is located, that the sale is necessary
	or advisable for any of the purposes described in Section
	356.251(1).
	(b)  As to acts undertaken in good faith reliance, the
	affidavit described by Subsection (a)(2) is conclusive proof, as
	between a purchaser of property from the estate, and the personal
	representative of an estate or the heirs and distributees of the
	estate, with respect to the authority of the independent executor
	to sell the property.  The signature or joinder of a devisee or heir
	who has an interest in the property being sold as described in this
	section is not necessary for the purchaser to obtain all right,
	title, and interest of the estate in the property being sold.
	(c)  This subchapter does not relieve the independent
	executor from any duty owed to a devisee or heir in relation,
	directly or indirectly, to the sale.
	Sec. 402.053.  NO LIMITATION ON OTHER ACTION.  This
	subchapter does not limit the authority of an independent executor
	to take any other action without court supervision or approval with
	respect to estate assets that may take place in a supervised
	administration, for purposes and within the scope otherwise
	authorized by this title, including the authority to enter into a
	lease and to borrow money.
	CHAPTER 403.  EXEMPTIONS AND ALLOWANCES; CLAIMS
	SUBCHAPTER A.  EXEMPTIONS AND ALLOWANCES
	Sec. 403.001.  SETTING ASIDE EXEMPT PROPERTY AND ALLOWANCES.
	The independent executor shall set aside and deliver to those
	entitled exempt property and allowances for support, and allowances
	in lieu of exempt property, as prescribed in this title, to the same
	extent and result as if the independent executor's actions had been
	accomplished in, and under orders of, the court.
	[Sections 403.002-403.050 reserved for expansion]
	SUBCHAPTER B.  CLAIMS
	Sec. 403.051.  DUTY OF INDEPENDENT EXECUTOR.  (a)  An
	independent executor, in the administration of an estate,
	independently of and without application to, or any action in or by
	the court:
	(1)  shall give the notices required under Sections
	308.051 and 308.053;
	(2)  may give the notice to an unsecured creditor with a
	claim for money permitted under Section 308.054 and bar a claim
	under Section 403.055; and
	(3)  may approve or reject any claim, or take no action
	on a claim, and shall classify and pay claims approved or
	established by suit against the estate in the same order of
	priority, classification, and proration prescribed in this title.
	(b)  To be effective, the notice prescribed under Subsection
	(a)(2) must include, in addition to the other information required
	by Section 308.054, a statement that a claim may be effectively
	presented by only one of the methods prescribed by this subchapter.
	Sec. 403.052.  SECURED CLAIMS FOR MONEY.  Within six months
	after the date letters are granted or within four months after the
	date notice is received under Section 308.053, whichever is later,
	a creditor with a claim for money secured by property of the estate
	must give notice to the independent executor of the creditor's
	election to have the creditor's claim approved as a matured secured
	claim to be paid in due course of administration.  In addition to
	giving the notice within this period, a creditor whose claim is
	secured by real property shall record a notice of the creditor's
	election under this section in the deed records of the county in
	which the real property is located.  If no election to be a matured
	secured creditor is made, or the election is made, but not within
	the prescribed period, or is made within the prescribed period but
	the creditor has a lien against real property and fails to record
	notice of the claim in the deed records as required within the
	prescribed period, the claim shall be a preferred debt and lien
	against the specific property securing the indebtedness and shall
	be paid according to the terms of the contract that secured the
	lien, and the claim may not be asserted against other assets of the
	estate.  The independent executor may pay the claim before maturity
	if it is determined to be in the best interest of the estate to do
	so.
	Sec. 403.053.  MATURED SECURED CLAIMS.  (a)  A claim approved
	as a matured secured claim under Section 403.052 remains secured by
	any lien or security interest against the specific property
	securing payment of the claim but subordinated to the payment from
	the property of claims having a higher classification under Section
	355.102.  However, the secured creditor:
	(1)  is not entitled to exercise any remedies in a
	manner that prevents the payment of the higher priority claims and
	allowances; and
	(2)  during the administration of the estate, is not
	entitled to exercise any contractual collection rights, including
	the power to foreclose, without either the prior written approval
	of the independent executor or court approval.
	(b)  Subsection (a) may not be construed to suspend or
	otherwise prevent a creditor with a matured secured claim from
	seeking judicial relief of any kind or from executing any judgment
	against an independent executor. Except with respect to real
	property, any third party acting in good faith may obtain good title
	with respect to an estate asset acquired through a secured
	creditor's extrajudicial collection rights, without regard to
	whether the creditor had the right to collect the asset or whether
	the creditor acted improperly in exercising those rights during an
	estate administration due to having elected matured secured status.
	(c)  If a claim approved or established by suit as a matured
	secured claim is secured by property passing to one or more devisees
	in accordance with Subchapter G, Chapter 255, the independent
	executor shall collect from the devisees the amount of the debt and
	pay that amount to the claimant or shall sell the property and pay
	out of the sale proceeds the claim and associated expenses of sale
	consistent with the provisions of Sections 355.153(b), (c), (d),
	and (e) applicable to court supervised administrations.
	Sec. 403.054.  PREFERRED DEBT AND LIEN CLAIMS.  During an
	independent administration, a secured creditor whose claim is a
	preferred debt and lien against property securing the indebtedness
	under Section 403.052 is free to exercise any judicial or
	extrajudicial collection rights, including the right to
	foreclosure and execution; provided, however, that the creditor
	does not have the right to conduct a nonjudicial foreclosure sale
	within six months after letters are granted.
	Sec. 403.055.  CERTAIN UNSECURED CLAIMS; BARRING OF CLAIMS.
	An unsecured creditor who has a claim for money against an estate
	and who receives a notice under Section 308.054 shall give to the
	independent executor notice of the nature and amount of the claim
	not later than the 120th day after the date the notice is received
	or the claim is barred.
	Sec. 403.056.  NOTICES REQUIRED BY CREDITORS.  (a)  Notice to
	the independent executor required by Sections 403.052 and 403.055
	must be contained in:
	(1)  a written instrument that is hand-delivered with
	proof of receipt, or mailed by certified mail, return receipt
	requested with proof of receipt, to the independent executor or the
	executor's attorney;
	(2)  a pleading filed in a lawsuit with respect to the
	claim; or
	(3)  a written instrument or pleading filed in the
	court in which the administration of the estate is pending.
	(b)  This section does not exempt a creditor who elects
	matured secured status from the filing requirements of Section
	403.052, to the extent those requirements are applicable.
	Sec. 403.057.  STATUTE OF LIMITATIONS.  Except as otherwise
	provided by Section 16.062, Civil Practice and Remedies Code, the
	running of the statute of limitations shall be tolled only by a
	written approval of a claim signed by an independent executor, a
	pleading filed in a suit pending at the time of the decedent's
	death, or a suit brought by the creditor against the independent
	executor.  In particular, the presentation of a statement or claim,
	or a notice with respect to a claim, to an independent executor does
	not toll the running of the statute of limitations with respect to
	that claim.
	Sec. 403.058.  OTHER CLAIM PROCEDURES GENERALLY DO NOT
	APPLY.  Except as otherwise provided by this subchapter, the
	procedural provisions of this title governing creditor claims in
	supervised administrations do not apply to independent
	administrations.  By way of example, but not as a limitation:
	(1)  Sections 355.064 and 355.066 do not apply to
	independent administrations, and consequently a creditor's claim
	may not be barred solely because the creditor failed to file a suit
	not later than the 90th day after the date an independent executor
	rejected the claim or with respect to a claim for which the
	independent executor takes no action; and
	(2)  Sections 355.156, 355.157, 355.158, 355.159, and
	355.160 do not apply to independent administrations.
	Sec. 403.0585.   LIABILITY OF INDEPENDENT EXECUTOR FOR
	PAYMENT OF A CLAIM.  An independent executor, in the administration
	of an estate, may pay at any time and without personal liability a
	claim for money against the estate to the extent approved and
	classified by the independent executor if:
	(1)  the claim is not barred by limitations; and
	(2)  at the time of payment, the independent executor
	reasonably believes the estate will have sufficient assets to pay
	all claims against the estate.
	Sec. 403.059.  ENFORCEMENT OF CLAIMS BY SUIT.  Any person
	having a debt or claim against the estate may enforce the payment of
	the same by suit against the independent executor; and, when
	judgment is recovered against the independent executor, the
	execution shall run against the estate of the decedent in the
	possession of the independent executor that is subject to the debt.
	The independent executor shall not be required to plead to any suit
	brought against the executor for money until after six months after
	the date that an independent administration was created and the
	order appointing the executor was entered by the probate court.
	Sec. 403.060.  REQUIRING HEIRS TO GIVE BOND.  When an
	independent administration is created and the order appointing an
	independent executor is entered by the probate court, any person
	having a debt against the estate may, by written complaint filed in
	the probate court in which the order was entered, cause all
	distributees of the estate, heirs at law, and other persons
	entitled to any portion of the estate under the will, if any, to be
	cited by personal service to appear before the court and execute a
	bond for an amount equal to the amount of the creditor's claim or
	the full value of the estate, as shown by the inventory and list of
	claims, whichever is smaller.  The bond must be payable to the
	judge, and the judge's successors, and be approved by the judge, and
	conditioned that all obligors shall pay all debts that shall be
	established against the estate in the manner provided by law.  On
	the return of the citation served, unless a person so entitled to
	any portion of the estate, or some of them, or some other person for
	them, shall execute the bond to the satisfaction of the probate
	court, the estate shall be administered and settled under the
	direction of the probate court as other estates are required to be
	settled.  If the bond is executed and approved, the independent
	administration shall proceed. Creditors of the estate may sue on
	the bond, and shall be entitled to judgment on the bond for the
	amount of their debt, or they may have their action against those in
	possession of the estate.
	CHAPTER 404.  ACCOUNTINGS, SUCCESSORS, AND OTHER REMEDIES
	Sec. 404.001.  ACCOUNTING.  (a)  At any time after the
	expiration of 15 months after the date that an independent
	administration was created and the order appointing an independent
	executor was entered by the probate court, any person interested in
	the estate may demand an accounting from the independent executor.
	The independent executor shall furnish to the person or persons
	making the demand an exhibit in writing, sworn and subscribed by the
	independent executor, setting forth in detail:
	(1)  the property belonging to the estate that has come
	into the executor's possession as executor;
	(2)  the disposition that has been made of the property
	described by Subdivision (1);
	(3)  the debts that have been paid;
	(4)  the debts and expenses, if any, still owing by the
	estate;
	(5)  the property of the estate, if any, still
	remaining in the executor's possession;
	(6)  other facts as may be necessary to a full and
	definite understanding of the exact condition of the estate; and
	(7)  the facts, if any, that show why the
	administration should not be closed and the estate distributed.
	(a-1)  Any other interested person shall, on demand, be
	entitled to a copy of any exhibit or accounting that has been made
	by an independent executor in compliance with this section.
	(b)  Should the independent executor not comply with a demand
	for an accounting authorized by this section within 60 days after
	receipt of the demand, the person making the demand may compel
	compliance by an action in the probate court. After a hearing, the
	court shall enter an order requiring the accounting to be made at
	such time as it considers proper under the circumstances.
	(c)  After an initial accounting has been given by an
	independent executor, any person interested in an estate may demand
	subsequent periodic accountings at intervals of not less than 12
	months, and such subsequent demands may be enforced in the same
	manner as an initial demand.
	(d)  The right to an accounting accorded by this section is
	cumulative of any other remedies which persons interested in an
	estate may have against the independent executor of the estate.
	Sec. 404.002.  REQUIRING INDEPENDENT EXECUTOR TO GIVE BOND.
	When it has been provided by will, regularly probated, that an
	independent executor appointed by the will shall not be required to
	give bond for the management of the estate devised by the will, or
	the independent executor is not required to give bond because bond
	has been waived by court order as authorized under Section 401.005,
	then the independent executor may be required to give bond, on
	proper proceedings had for that purpose as in the case of personal
	representatives in a supervised administration, if it be made to
	appear at any time that the independent executor is mismanaging the
	property, or has betrayed or is about to betray the independent
	executor's trust, or has in some other way become disqualified.
	Sec. 404.003.  REMOVAL OF INDEPENDENT EXECUTOR.  (a)  The
	probate court, on its own motion or on motion of any interested
	person, after the independent executor has been cited by personal
	service to answer at a time and place fixed in the notice, may
	remove an independent executor when:
	(1)  the independent executor fails to return within 90
	days after qualification, unless such time is extended by order of
	the court, either an inventory of the property of the estate and
	list of claims that have come to the independent executor's
	knowledge or an affidavit in lieu of the inventory, appraisement,
	and list of claims;
	(2)  sufficient grounds appear to support belief that
	the independent executor has misapplied or embezzled, or that the
	independent executor is about to misapply or embezzle, all or any
	part of the property committed to the independent executor's care;
	(3)  the independent executor fails to make an
	accounting which is required by law to be made;
	(4)  the independent executor fails to timely file the
	affidavit or certificate required by Section 308.004;
	(5)  the independent executor is proved to have been
	guilty of gross misconduct or gross mismanagement in the
	performance of the independent executor's duties; or
	(6)  the independent executor becomes an incapacitated
	person, or is sentenced to the penitentiary, or from any other cause
	becomes legally incapacitated from properly performing the
	independent executor's fiduciary duties.
	(b)  The order of removal shall state the cause of removal
	and shall direct by order the disposition of the assets remaining in
	the name or under the control of the removed executor. The order of
	removal shall require that letters issued to the removed executor
	shall be surrendered and that all letters shall be canceled of
	record. If an independent executor is removed by the court under
	this section, the court may, on application, appoint a successor
	independent executor as provided by Section 404.005.
	(c)  An independent executor who defends an action for the
	independent executor's removal in good faith, whether successful or
	not, shall be allowed out of the estate the independent executor's
	necessary expenses and disbursements, including reasonable
	attorney's fees, in the removal proceedings.
	(d)  Costs and expenses incurred by the party seeking removal
	that are incident to removal of an independent executor appointed
	without bond, including reasonable attorney's fees and expenses,
	may be paid out of the estate.
	Sec. 404.004.  POWERS OF AN ADMINISTRATOR WHO SUCCEEDS AN
	INDEPENDENT EXECUTOR.  (a)  Whenever a person has died, or shall
	die, testate, owning property in this state, and the person's will
	has been or shall be admitted to probate by the court, and the
	probated will names an independent executor or executors, or
	trustees acting in the capacity of independent executors, to
	execute the terms and provisions of that will, and the will grants
	to the independent executor, or executors, or trustees acting in
	the capacity of independent executors, the power to raise or borrow
	money and to mortgage, and the independent executor, or executors,
	or trustees, have died or shall die, resign, fail to qualify, or be
	removed from office, leaving unexecuted parts or portions of the
	will of the testator, and an administrator with the will annexed is
	appointed by the probate court, and an administrator's bond is
	filed and approved by the court, then in all such cases, the court
	may, in addition to the powers conferred on the administrator under
	other provisions of the laws of this state, authorize, direct, and
	empower the administrator to do and perform the acts and deeds,
	clothed with the rights, powers, authorities, and privileges, and
	subject to the limitations, set forth in the subsequent provisions
	of this section.
	(b)  The court, on application, citation, and hearing, may,
	by its order, authorize, direct, and empower the administrator to
	raise or borrow such sums of money and incur such obligations and
	debts as the court shall, in its said order, direct, and to renew
	and extend same from time to time, as the court, on application and
	order, shall provide; and, if authorized by the court's order, to
	secure such loans, obligations, and debts, by pledge or mortgage on
	property or assets of the estate, real, personal, or mixed, on such
	terms and conditions, and for such duration of time, as the court
	shall consider to be in the best interests of the estate, and by its
	order shall prescribe; and all such loans, obligations, debts,
	pledges, and mortgages shall be valid and enforceable against the
	estate and against the administrator in the administrator's
	official capacity.
	(c)  The court may order and authorize the administrator to
	have and exercise the powers and privileges set forth in Subsection
	(a) or (b) only to the extent that same are granted to or possessed
	by the independent executor, or executors, or trustees acting in
	the capacity of independent executors, under the terms of the
	probated will of the decedent, and then only in such cases as it
	appears, at the hearing of the application, that at the time of the
	appointment of the administrator, there are outstanding and unpaid
	obligations and debts of the estate, or of the independent
	executor, or executors, or trustees, chargeable against the estate,
	or unpaid expenses of administration, or when the court appointing
	the administrator orders the business of the estate to be carried on
	and it becomes necessary, from time to time, under orders of the
	court, for the administrator to borrow money and incur obligations
	and indebtedness in order to protect and preserve the estate.
	(d)  The court, in addition, may, on application, citation,
	and hearing, order, authorize, and empower the administrator to
	assume, exercise, and discharge, under the orders and directions of
	the court, made from time to time, all or such part of the rights,
	powers, and authorities vested in and delegated to, or possessed
	by, the independent executor, or executors, or trustees acting in
	the capacity of independent executors, under the terms of the will
	of the decedent, as the court finds to be in the best interests of
	the estate and shall, from time to time, order and direct.
	(e)  The granting to the administrator by the court of some,
	or all, of the powers and authorities set forth in this section
	shall be on application filed by the administrator with the county
	clerk, setting forth such facts as, in the judgment of the
	administrator, require the granting of the power or authority
	requested.
	(f)  On the filing of an application under Subsection (e),
	the clerk shall issue citation to all persons interested in the
	estate, stating the nature of the application, and requiring those
	persons to appear on the return day named in such citation and show
	cause why the application should not be granted, should they choose
	to do so.  The citation shall be served by posting.
	(g)  The court shall hear the application and evidence on the
	application, on or after the return day named in the citation, and,
	if satisfied a necessity exists and that it would be in the best
	interests of the estate to grant the application in whole or in
	part, the court shall so order; otherwise, the court shall refuse
	the application.
	Sec. 404.005.  COURT-APPOINTED SUCCESSOR INDEPENDENT
	EXECUTOR.  (a)  If the will of a person who dies testate names an
	independent executor who, having qualified, fails for any reason to
	continue to serve, or is removed for cause by the court, and the
	will does not name a successor independent executor or if each
	successor executor named in the will fails for any reason to qualify
	as executor or indicates by affidavit filed with the application
	for an order continuing independent administration the successor
	executor's inability or unwillingness to serve as successor
	independent executor, all of the distributees of the decedent as of
	the filing of the application for an order continuing independent
	administration may apply to the probate court for the appointment
	of a qualified person, firm, or corporation to serve as successor
	independent executor.  If the probate court finds that continued
	administration of the estate is necessary, the court shall enter an
	order continuing independent administration and appointing the
	person, firm, or corporation designated in the application as
	successor independent executor, unless the probate court finds that
	it would not be in the best interest of the estate to do so.  The
	successor independent executor shall serve with all of the powers
	and privileges granted to the successor's predecessor independent
	executor.
	(b)  If a distributee described in this section is an
	incapacitated person, the guardian of the person of the distributee
	may sign the application on behalf of the distributee.  If the
	probate court finds that either the continuing of independent
	administration or the appointment of the person, firm, or
	corporation designated in the application as successor independent
	executor would not be in the best interest of the incapacitated
	person, then, notwithstanding Subsection (a), the court may not
	enter an order continuing independent administration of the estate.
	If the distributee is an incapacitated person and has no guardian of
	the person, the court may appoint a guardian ad litem to make
	application on behalf of the incapacitated person if the probate
	court considers such an appointment necessary to protect the
	interest of that distributee.
	(c)  If a trust is created in the decedent's will, the person
	or class of persons first eligible to receive the income from the
	trust, determined as if the trust were to be in existence on the
	date of the filing of the application for an order continuing
	independent administration, shall, for the purposes of this
	section, be considered to be the distributee or distributees on
	behalf of the trust, and any other trust or trusts coming into
	existence on the termination of the trust, and are authorized to
	apply for an order continuing independent administration on behalf
	of the trust without the consent or agreement of the trustee or any
	other beneficiary of the trust, or the trustee or any beneficiary of
	any other trust which may come into existence on the termination of
	the trust.
	(d)  If a life estate is created either in the decedent's
	will or by law, and if a life tenant is living at the time of the
	filing of the application for an order continuing independent
	administration, then the life tenant or life tenants, determined as
	if the life estate were to commence on the date of the filing of the
	application for an order continuing independent administration,
	shall, for the purposes of this section, be considered to be the
	distributee or distributees on behalf of the entire estate created,
	and are authorized to apply for an order continuing independent
	administration on behalf of the estate without the consent or
	approval of any remainderman.
	(e)  If a decedent's will contains a provision that a
	distributee must survive the decedent by a prescribed period of
	time in order to take under the decedent's will, for the purposes of
	determining who shall be the distributee under this section, it
	shall be presumed that the distributees living at the time of the
	filing of the application for an order continuing independent
	administration of the decedent's estate survived the decedent for
	the prescribed period.
	(f)  In the case of all decedents, for the purposes of
	determining who shall be the distributees under this section, it
	shall be presumed that no distributee living at the time the
	application for an order continuing independent administration of
	the decedent's estate is filed shall subsequently disclaim any
	portion of the distributee's interest in the decedent's estate.
	(g)  If a distributee of a decedent's estate should die, and
	if by virtue of the distributee's death the distributee's share of
	the decedent's estate shall become payable to the distributee's
	estate, then the deceased distributee's personal representative
	may sign the application for an order continuing independent
	administration of the decedent's estate under this section.
	(h)  If a successor independent executor is appointed under
	this section, then, unless the probate court shall waive bond on
	application for waiver, the successor independent executor shall be
	required to enter into bond payable to and to be approved by the
	judge and the judge's successors in a sum that is found by the judge
	to be adequate under all circumstances, or a bond with one surety in
	an amount that is found by the judge to be adequate under all
	circumstances, if the surety is an authorized corporate surety.
	(i)  Absent proof of fraud or collusion on the part of a
	judge, the judge may not be held civilly liable for the commission
	of misdeeds or the omission of any required act of any person, firm,
	or corporation designated as a successor independent executor under
	this section. Section 351.354 does not apply to an appointment of a
	successor independent executor under this section.
	CHAPTER 405.  CLOSING AND DISTRIBUTIONS
	Sec. 405.001.  ACCOUNTING AND DISTRIBUTION.  (a)  In
	addition to or in lieu of the right to an accounting provided by
	Section 404.001, at any time after the expiration of two years after
	the date the court clerk first issues letters testamentary or of
	administration to any personal representative of an estate, a
	person interested in the estate then subject to independent
	administration may petition the court for an accounting and
	distribution.  The court may order an accounting to be made with the
	court by the independent executor at such time as the court
	considers proper.  The accounting shall include the information
	that the court considers necessary to determine whether any part of
	the estate should be distributed.
	(b)  On receipt of the accounting and, after notice to the
	independent executor and a hearing, unless the court finds a
	continued necessity for administration of the estate, the court
	shall order its distribution by the independent executor to the
	distributees entitled to the property.  If the court finds there is
	a continued necessity for administration of the estate, the court
	shall order the distribution of any portion of the estate that the
	court finds should not be subject to further administration by the
	independent executor.  If any portion of the estate that is ordered
	to be distributed is incapable of distribution without prior
	partition or sale, the court shall order partition and
	distribution, or sale, in the manner provided for the partition and
	distribution of property incapable of division in supervised
	estates.
	(c)  If all the property in the estate is ordered distributed
	by the court and the estate is fully administered, the court may
	also order the independent executor to file a final account with the
	court and may enter an order closing the administration and
	terminating the power of the independent executor to act as
	executor.
	Sec. 405.002.  RECEIPTS AND RELEASES FOR DISTRIBUTIONS BY
	INDEPENDENT EXECUTOR.  (a)  An independent executor may not be
	required to deliver tangible or intangible personal property to a
	distributee unless the independent executor receives, at or before
	the time of delivery of the property, a signed receipt or other
	proof of delivery of the property to the distributee.
	(b)  An independent executor may not require a waiver or
	release from the distributee as a condition of delivery of property
	to a distributee.
	Sec. 405.003.  JUDICIAL DISCHARGE OF INDEPENDENT EXECUTOR.
	(a)  After an estate has been administered and if there is no
	further need for an independent administration of the estate, the
	independent executor of the estate may file an action for
	declaratory judgment under Chapter 37, Civil Practice and Remedies
	Code, seeking to discharge the independent executor from any
	liability involving matters relating to the past administration of
	the estate that have been fully and fairly disclosed.
	(b)  On the filing of an action under this section, each
	beneficiary of the estate shall be personally served with citation,
	except for a beneficiary who has waived the issuance and service of
	citation.
	(c)  In a proceeding under this section, the court may
	require the independent executor to file a final account that
	includes any information the court considers necessary to
	adjudicate the independent executor's request for a discharge of
	liability.  The court may audit, settle, or approve a final account
	filed under this subsection.
	(d)  On or before filing an action under this section, the
	independent executor must distribute to the beneficiaries of the
	estate any of the remaining assets or property of the estate that
	remains in the independent executor's possession after all of the
	estate's debts have been paid, except for a reasonable reserve of
	assets that the independent executor may retain in a fiduciary
	capacity pending court approval of the final account.  The court may
	review the amount of assets on reserve and may order the independent
	executor to make further distributions under this section.
	(e)  Except as ordered by the court, the independent executor
	is entitled to pay from the estate legal fees, expenses, or other
	costs incurred in relation to a proceeding for judicial discharge
	filed under this section.  The independent executor shall be
	personally liable to refund any amount of such fees, expenses, or
	other costs not approved by the court as a proper charge against the
	estate.
	Sec. 405.004.  CLOSING INDEPENDENT ADMINISTRATION BY
	CLOSING REPORT OR NOTICE OF CLOSING ESTATE.  When all of the debts
	known to exist against the estate have been paid, or when they have
	been paid so far as the assets in the independent executor's
	possession will permit, when there is no pending litigation, and
	when the independent executor has distributed to the distributees
	entitled to the estate all assets of the estate, if any, remaining
	after payment of debts, the independent executor may file with the
	court a closing report or a notice of closing of the estate.
	Sec. 405.005.  CLOSING REPORT.  An independent executor may
	file a closing report verified by affidavit that:
	(1)  shows:
	(A)  the property of the estate that came into the
	independent executor's possession;
	(B)  the debts that have been paid;
	(C)  the debts, if any, still owing by the estate;
	(D)  the property of the estate, if any, remaining
	on hand after payment of debts; and
	(E)  the names and addresses of the distributees
	to whom the property of the estate, if any, remaining on hand after
	payment of debts has been distributed; and
	(2)  includes signed receipts or other proof of
	delivery of property to the distributees named in the closing
	report if the closing report reflects that there was property
	remaining on hand after payment of debts.
	Sec. 405.006.  NOTICE OF CLOSING ESTATE.  (a)  Instead of
	filing a closing report under Section 405.005, an independent
	executor may file a notice of closing estate verified by affidavit
	that states:
	(1)  that all debts known to exist against the estate
	have been paid or have been paid to the extent permitted by the
	assets in the independent executor's possession;
	(2)  that all remaining assets of the estate, if any,
	have been distributed; and
	(3)  the names and addresses of the distributees to
	whom the property of the estate, if any, remaining on hand after
	payment of debts has been distributed.
	(b)  Before filing the notice, the independent executor
	shall provide to each distributee of the estate a copy of the notice
	of closing estate.  The notice of closing estate filed by the
	independent executor must include signed receipts or other proof
	that all distributees have received a copy of the notice of closing
	estate.
	Sec. 405.007.  EFFECT OF FILING CLOSING REPORT OR NOTICE OF
	CLOSING ESTATE.  (a)  The independent administration of an estate is
	considered closed 30 days after the date of the filing of a closing
	report or notice of closing estate unless an interested person
	files an objection with the court within that time.  If an
	interested person files an objection within the 30-day period, the
	independent administration of the estate is closed when the
	objection has been disposed of or the court signs an order closing
	the estate.
	(b)  The closing of an independent administration by filing
	of a closing report or notice of closing estate terminates the power
	and authority of the independent executor, but does not relieve the
	independent executor from liability for any mismanagement of the
	estate or from liability for any false statements contained in the
	report or notice.
	(c)  When a closing report or notice of closing estate has
	been filed, persons dealing with properties of the estate, or with
	claims against the estate, shall deal directly with the
	distributees of the estate; and the acts of the distributees with
	respect to the properties or claims shall in all ways be valid and
	binding as regards the persons with whom they deal, notwithstanding
	any false statements made by the independent executor in the report
	or notice.
	(d)  If the independent executor is required to give bond,
	the independent executor's filing of the closing report and proof
	of delivery, if required, automatically releases the sureties on
	the bond from all liability for the future acts of the principal.
	The filing of a notice of closing estate does not release the
	sureties on the bond of an independent executor.
	(e)  An independent executor's closing report or notice of
	closing estate shall constitute sufficient legal authority to all
	persons owing any money, having custody of any property, or acting
	as registrar or transfer agent or trustee of any evidence of
	interest, indebtedness, property, or right that belongs to the
	estate, for payment or transfer without additional administration
	to the distributees described in the will as entitled to receive the
	particular asset or who as heirs at law are entitled to receive the
	asset.  The distributees described in the will as entitled to
	receive the particular asset or the heirs at law entitled to receive
	the asset may enforce their right to the payment or transfer by
	suit.
	Sec. 405.008.  PARTITION AND DISTRIBUTION OR SALE OF
	PROPERTY INCAPABLE OF DIVISION.  If the will does not distribute the
	entire estate of the testator or provide a means for partition of
	the estate, or if no will was probated, the independent executor
	may, but may not be required to, petition the probate court for
	either a partition and distribution of the estate or an order of
	sale of any portion of the estate alleged by the independent
	executor and found by the court to be incapable of a fair and equal
	partition and distribution, or both.  The estate or portion of the
	estate shall either be partitioned and distributed or sold, or
	both, in the manner provided for the partition and distribution of
	property and the sale of property incapable of division in
	supervised estates.
	Sec. 405.009.  CLOSING INDEPENDENT ADMINISTRATION ON
	APPLICATION BY DISTRIBUTEE.  (a)  At any time after an estate has
	been fully administered and there is no further need for an
	independent administration of the estate, any distributee may file
	an application to close the administration; and, after citation on
	the independent executor, and on hearing, the court may enter an
	order:
	(1)  requiring the independent executor to file a
	closing report meeting the requirements of Section 405.005;
	(2)  closing the administration;
	(3)  terminating the power of the independent executor
	to act as independent executor; and
	(4)  releasing the sureties on any bond the independent
	executor was required to give from all liability for the future acts
	of the principal.
	(b)  The order of the court closing the independent
	administration shall constitute sufficient legal authority to all
	persons owing any money, having custody of any property, or acting
	as registrar or transfer agent or trustee of any evidence of
	interest, indebtedness, property, or right that belongs to the
	estate, for payment or transfer without additional administration
	to the distributees described in the will as entitled to receive the
	particular asset or who as heirs at law are entitled to receive the
	asset.  The distributees described in the will as entitled to
	receive the particular asset or the heirs at law entitled to receive
	the asset may enforce their right to the payment or transfer by
	suit.
	Sec. 405.010.  ISSUANCE OF LETTERS.  At any time before the
	authority of an independent executor has been terminated in the
	manner set forth in this subtitle, the clerk shall issue such number
	of letters testamentary as the independent executor shall request.
	Sec. 405.011.  RIGHTS AND REMEDIES CUMULATIVE.  The rights
	and remedies conferred by this chapter are cumulative of other
	rights and remedies to which a person interested in the estate may
	be entitled under law.
	Sec. 405.012.  CLOSING PROCEDURES NOT REQUIRED.  An
	independent executor is not required to close the independent
	administration of an estate under Section 405.003 or Sections
	405.004 through 405.007.
	SECTION 2.50.  Section 453.007, Estates Code, as effective
	January 1, 2014, is amended to read as follows:
	Sec. 453.007.  DELIVERY OF COMMUNITY ESTATE ON FINAL
	PARTITION. On final partition of the community estate, the
	surviving spouse shall deliver to the deceased spouse's heirs or
	devisees their interest in the estate, and the increase in and
	profits of the interest, after deducting from the interest:
	(1)  the proportion of the community debts chargeable
	to the interest;
	(2)  unavoidable losses;
	(3)  necessary and reasonable expenses; and
	(4)  a reasonable compensation [commission] for the
	management of the interest.
	SECTION 2.51.  (a)  Sections 202.003 and 352.003, Estates
	Code, as effective January 1, 2014, are repealed.
	(b)  The following sections of the Texas Probate Code are
	repealed:
	(1)  Sections 4D, 4H, 48, 49, 59, 64, 67, 84, 222, 241,
	250, 260, 436, 439, 452, 471, 472, and 473, as amended by Article 1
	of this Act; and
	(2)  Sections 6A, 6B, 6C, 8A, 8B, 145A, 145B, and 145C,
	as added by Article 1 of this Act.
	(c)  Notwithstanding the transfer of Sections 6 and 8, Texas
	Probate Code, to the Estates Code and redesignation as Sections 6
	and 8 of that code effective January 1, 2014, by Section 2, Chapter
	680 (H.B. 2502), Acts of the 81st Legislature, Regular Session,
	2009, Sections 6 and 8, Texas Probate Code, as amended by Article 1
	of this Act, are repealed.
	(d)  Notwithstanding the transfer of Sections 145 through
	154A, Texas Probate Code, to the Estates Code and redesignation as
	Sections 145 through 154A of that code effective January 1, 2014, by
	Section 3, Chapter 680 (H.B. 2502), Acts of the 81st Legislature,
	Regular Session, 2009, the following sections are repealed:
	(1)  Sections 145, 146, 149B, and 151, Texas Probate
	Code, as amended by Article 1 of this Act; and
	(2)  Sections 147, 148, 149, 149A, 149C, 149D, 149E,
	149F, 149G, 150, 152, 153, 154, and 154A, Texas Probate Code.
	SECTION 2.52.  This article takes effect January 1, 2014.
	ARTICLE 3.  EFFECTIVE DATE
	SECTION 3.01.  Except as otherwise provided by this Act,
	this Act takes effect September 1, 2011.