Bill Text: TX HB789 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the allowance in lieu of exempt property in the administration of a decedent's estate.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-06-14 - See remarks for effective date [HB789 Detail]

Download: Texas-2013-HB789-Enrolled.html

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H.B. No. 789

AN ACT
relating to the allowance in lieu of exempt property in the
administration of a decedent's estate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CHANGES TO TEXAS PROBATE CODE
SECTION 1.01. Section 273, Texas Probate Code, is amended
to read as follows:
Sec. 273. ALLOWANCE IN LIEU OF EXEMPT PROPERTY. In case
there should not be among the effects of the deceased all or any of
the specific articles exempted from execution or forced sale by the
Constitution and laws of this state, the court shall make a
reasonable allowance in lieu thereof, to be paid to such surviving
spouse and children, or such of them as there are, as hereinafter
provided. The allowance in lieu of a homestead shall in no case
exceed $45,000 [$15,000] and the allowance for other exempted
property shall in no case exceed $30,000 [$5,000], exclusive of the
allowance for the support of the surviving spouse, minor children,
and adult incapacitated children which is hereinafter provided for.
SECTION 1.02. The changes in law made by this article to
Section 273, Texas Probate Code, 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.
ARTICLE 2. CHANGES TO ESTATES CODE
SECTION 2.01. Section 353.053(b), Estates Code, as
effective January 1, 2014, is amended to read as follows:
(b) The allowance in lieu of a homestead may not exceed
$45,000 [$15,000], and the allowance in lieu of other exempt
property may not exceed $30,000 [$5,000], excluding the family
allowance for the support of the surviving spouse, minor children,
and adult incapacitated children provided by Subchapter C.
SECTION 2.02. Section 273, Texas Probate Code, as amended
by Article 1 of this Act, is repealed.
SECTION 2.03. 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 789 was passed by the House on April
11, 2013, by the following vote: Yeas 144, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 789 was passed by the Senate on May
21, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor