Bill Text: TX HB3319 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to procedures and fees for the safekeeping of wills and other fees collected by court clerks in probate matters; authorizing and increasing fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2015-05-14 - Referred to State Affairs [HB3319 Detail]

Download: Texas-2015-HB3319-Introduced.html

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84R9051 MTB-F
By: Kuempel H.B. No. 3319

A BILL TO BE ENTITLED
AN ACT
relating to procedures and fees for the safekeeping of wills and
other fees collected by court clerks in probate matters;
authorizing and increasing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 252.001(b), Estates Code, is amended to
read as follows:
(b) The county clerk shall receive and keep the will on the
payment of a $10 [$5] fee.
SECTION 2. Section 252.101, Estates Code, is amended to
read as follows:
Sec. 252.101. NOTIFICATION BY COUNTY CLERK. A county clerk
shall notify[, by registered mail, return receipt requested,] each
person named on the endorsement of the will wrapper that the will is
on deposit in the clerk's office if:
(1) an affidavit is submitted to the clerk stating
that the testator has died; or
(2) the clerk receives other notice or proof of the
testator's death sufficient to convince the clerk that the testator
has died.
SECTION 3. Section 252.104, Estates Code, is amended to
read as follows:
Sec. 252.104. NOTICE AND DELIVERY OF WILL TO EXECUTOR. If a
county clerk inspects a will under Section 252.103 and the will
names an executor, the clerk shall:
(1) notify the person named as executor[, by
registered mail, return receipt requested,] that the will is on
deposit with the clerk; and
(2) deliver, on request, the will to the person named
as executor.
SECTION 4. Section 252.105(a), Estates Code, is amended to
read as follows:
(a) If a county clerk inspects a will under Section 252.103,
the clerk shall notify [by registered mail, return receipt
requested,] the devisees named in the will that the will is on
deposit with the clerk if:
(1) the will does not name an executor;
(2) the person named as executor in the will:
(A) has died; or
(B) fails to take the will before the 31st day
after the date the notice required by Section 252.104 is mailed to
the person; or
(3) the notice mailed to the person named as executor
is returned as undelivered.
SECTION 5. Section 252.201, Estates Code, is amended to
read as follows:
Sec. 252.201. WILL DELIVERY. (a) On receiving notice of a
testator's death, the person who has custody of the testator's will
shall deliver the will to the clerk of the court that has
jurisdiction of the testator's estate.
(b) The clerk of the court shall receive and keep the will on
the payment of a $10 fee.
(c) The clerk of the court shall handle the will in the same
manner prescribed by Subchapter A for a will deposited under
Section 252.001.
SECTION 6. Subchapter E, Chapter 252, Estates Code, is
amended by adding Section 252.2015 to read as follows:
Sec. 252.2015. NOTICE AND DELIVERY OF WILL TO EXECUTOR OR
DEVISEES. (a) On the deposit of a will under Section 252.201 that
names an executor, the clerk of the court shall:
(1) notify the person named as executor in the manner
prescribed by Section 252.104; and
(2) deliver, on request, the will to the person named
as executor.
(b) On the deposit of a will under Section 252.201, the
clerk of the court shall notify the devisees named in the will in
the manner prescribed by Section 252.105(a) if:
(1) the will does not name an executor;
(2) the person named as executor in the will:
(A) has died; or
(B) fails to take the will before the 31st day
after the date the notice required by Subsection (a) is mailed to
the person; or
(3) the notice mailed to the person named as executor
is returned as undelivered.
(c) On request, the clerk of the court shall deliver the
will to any or all of the devisees notified under Subsection (b).
SECTION 7. Section 101.0815, Government Code, is amended to
conform to Chapter 680 (H.B. 2502), Acts of the 81st Legislature,
Regular Session, 2009, and Chapter 982 (H.B. 2080), Acts of the 83rd
Legislature, Regular Session, 2013, and is further amended to read
as follows:
Sec. 101.0815. STATUTORY COUNTY COURT FEES AND
COSTS: ESTATES [TEXAS PROBATE] CODE. The clerk of a statutory
county court shall collect fees and costs under the Estates [Texas
Probate] Code as follows:
(1) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 252.001, Estates Code) [(Sec. 71,
Texas Probate Code)] . . . $10 [$5];
(2) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
Code)] . . . probable cost of the proceeding;
(3) fee on filing an application, complaint, petition,
or other paper in a guardianship proceeding, which includes a
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates
Code) . . . cost of filing and payment of attorney ad litem;
(4) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 1053.052, Estates Code)
[(Sec. 622, Texas Probate Code)] . . . probable cost of the
guardianship proceeding; [and]
(5) nonrefundable fee to cover the cost of
administering Subchapter G, Chapter 1104, Estates Code (Sec.
1104.303, Estates Code) . . . $40;
(6) [(4)] costs for attorney ad litem appointed to
pursue the restoration of a ward's capacity or modification of the
ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
694L, Texas Probate Code)] . . . reasonable compensation; and
(7) fee for delivery of a will to the court clerk by
custodian (Sec. 252.201, Estates Code) . . . $10.
SECTION 8. Section 101.1014, Government Code, is amended to
conform to Chapter 680 (H.B. 2502), Acts of the 81st Legislature,
Regular Session, 2009, and Chapter 982 (H.B. 2080), Acts of the 83rd
Legislature, Regular Session, 2013, and is further amended to read
as follows:
Sec. 101.1014. STATUTORY PROBATE COURT FEES AND
COSTS: ESTATES [TEXAS PROBATE] CODE. The clerk of a statutory
probate court shall collect fees and costs under the Estates [Texas
Probate] Code as follows:
(1) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 252.001, Estates Code) [(Sec. 71,
Texas Probate Code)] . . . $10 [$5];
(2) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
Code)] . . . probable cost of the proceeding;
(3) fee on filing an application, complaint, petition,
or other paper in a guardianship proceeding, which includes a
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates
Code) . . . cost of filing and payment of attorney ad litem;
(4) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 1053.052, Estates Code)
[(Sec. 622, Texas Probate Code)] . . . probable cost of the
guardianship proceeding; [and]
(5) nonrefundable fee to cover the cost of
administering Subchapter G, Chapter 1104, Estates Code (Sec.
1104.303, Estates Code) . . . $40;
(6) [(4)] costs for attorney ad litem appointed to
pursue the restoration of a ward's capacity or modification of the
ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
694L, Texas Probate Code)] . . . reasonable compensation; and
(7) fee for delivery of a will to the court clerk by
custodian (Sec. 252.201, Estates Code) . . . $10.
SECTION 9. Section 101.1215, Government Code, is amended to
conform to Chapter 680 (H.B. 2502), Acts of the 81st Legislature,
Regular Session, 2009, and Chapter 982 (H.B. 2080), Acts of the 83rd
Legislature, Regular Session, 2013, and is further amended to read
as follows:
Sec. 101.1215. COUNTY COURT FEES AND COSTS: ESTATES [TEXAS
PROBATE] CODE. The clerk of a county court shall collect the
following fees and costs under the Estates [Texas Probate] Code:
(1) fee for deposit of a will with the county clerk
during testator's lifetime (Sec. 252.001, Estates Code) [(Sec. 71,
Texas Probate Code)] . . . $10 [$5];
(2) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
Code)] . . . probable cost of the proceeding;
(3) fee on filing an application, complaint, petition,
or other paper in a guardianship proceeding, which includes a
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates
Code) . . . cost of filing and payment of attorney ad litem;
(4) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 1053.052, Estates Code)
[(Sec. 622, Texas Probate Code)] . . . probable cost of the
guardianship proceeding; [and]
(5) nonrefundable fee to cover the cost of
administering Subchapter G, Chapter 1104, Estates Code (Sec.
1104.303, Estates Code) . . . $40;
(6) [(4)] costs for attorney ad litem appointed to
pursue the restoration of a ward's capacity or modification of the
ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
694L, Texas Probate Code)] . . . reasonable compensation; and
(7) fee for delivery of a will to the court clerk by
custodian (Sec. 252.201, Estates Code) . . . $10.
SECTION 10. Section 118.052, Local Government Code, is
amended to read as follows:
Sec. 118.052. FEE SCHEDULE. Each clerk of a county court
shall collect the following fees for services rendered to any
person:
(1) CIVIL COURT ACTIONS
(A) Filing of Original Action (Sec. 118.053):
(i) Garnishment after judgment . . . $15.00
(ii) All others . . . $40.00
(B) Filing of Action Other than Original (Sec.
118.054) . . . $30.00
(C) Services Rendered After Judgment in Original
Action (Sec. 118.0545):
(i) Abstract of judgment . . . $ 5.00
(ii) Execution, order of sale, writ, or
other process . . . $ 5.00
(2) PROBATE COURT ACTIONS
(A) Probate Original Action (Sec. 118.055):
(i) Probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title . . . $40.00
(ii) Community survivors . . . $40.00
(iii) Small estates . . . $40.00
(iv) Declarations of heirship . . . $40.00
(v) Mental health or chemical dependency
services . . . $40.00
(vi) Additional, special fee (Sec. 118.064)
. . . $ 5.00
(B) Services in Pending Probate Action (Sec.
118.056):
(i) Filing an inventory and appraisement as
provided by Section 118.056(d) . . . $25.00
(ii) Approving and recording bond . . . $
3.00
(iii) Administering oath . . . $ 2.00
(iv) Filing annual or final account of
estate . . . $25.00
(v) Filing application for sale of real or
personal property . . . $25.00
(vi) Filing annual or final report of
guardian of a person . . . $10.00
(vii) Filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first, if more than
25 pages . . . $25.00
(C) Adverse Probate Action (Sec. 118.057) . . .
$40.00
(D) Claim Against Estate (Sec. 118.058) . . .
$10.00 [$ 2.00]
(E) Supplemental Court-Initiated Guardianship
Fee in Probate Original Actions and Adverse Probate Actions (Sec.
118.067) . . . $20.00
(F) Supplemental Public Probate Administrator
Fee For Counties That Have Appointed a Public Probate Administrator
(Sec. 118.068) . . . $10.00
(3) OTHER FEES
(A) Issuing Document (Sec. 118.059): original
document and one copy . . . $ 4.00
each additional set of an original and one copy . . . $ 4.00
(B) Certified Papers (Sec. 118.060): for the
clerk's certificate . . . $ 5.00
plus a fee per page or part of a page of . . . $ 1.00
(C) Noncertified Papers (Sec. 118.0605): for
each page or part of a page . . . $ 1.00
(D) Letters Testamentary, Letter of
Guardianship, Letter of Administration, or Abstract of Judgment
(Sec. 118.061) . . . $ 2.00
(E) Safekeeping of Wills (Sec. 118.062) . . .
$10.00 [$ 5.00]
(F) Mail Service of Process (Sec. 118.063) . . .
same as sheriff
(G) Records Management and Preservation Fee
. . . $ 5.00
SECTION 11. Sections 252.001 and 252.201, Estates Code, as
amended by this Act, and Section 252.2015, Estates Code, as added by
this Act, apply to a will deposited or delivered to the clerk of a
court on or after the effective date of this Act. A will deposited
or delivered to the clerk of a court before the effective date of
this Act is governed by the law in effect on the date the will was
deposited or delivered, and the former law is continued in effect
for that purpose.
SECTION 12. This Act takes effect September 1, 2015.