Bill Text: TX SB512 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the promulgation of certain forms for use in probate matters.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2015-06-16 - Effective on 9/1/15 [SB512 Detail]
Download: Texas-2015-SB512-Enrolled.html
| S.B. No. 512 | ||
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| relating to the promulgation of certain forms for use in probate | ||
| matters. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 22, Government Code, is | ||
| amended by adding Section 22.020 to read as follows: | ||
| Sec. 22.020. PROMULGATION OF CERTAIN PROBATE FORMS. | ||
| (a) In this section: | ||
| (1) "Probate court" has the meaning assigned by | ||
| Section 22.007, Estates Code. | ||
| (2) "Probate matter" has the meaning assigned by | ||
| Section 22.029, Estates Code. | ||
| (b) The supreme court shall, as the court considers | ||
| appropriate, promulgate: | ||
| (1) forms for use by individuals representing | ||
| themselves in certain probate matters, including forms for use in: | ||
| (A) a small estate affidavit proceeding under | ||
| Chapter 205, Estates Code; and | ||
| (B) the probate of a will as a muniment of title | ||
| under Chapter 257, Estates Code; | ||
| (2) a simple will form for: | ||
| (A) a married individual with an adult child; | ||
| (B) a married individual with a minor child; | ||
| (C) a married individual with no children; | ||
| (D) an unmarried individual with an adult child; | ||
| (E) an unmarried individual with a minor child; | ||
| and | ||
| (F) an unmarried individual with no children; and | ||
| (3) instructions for the proper use of each form or set | ||
| of forms. | ||
| (c) The forms and instructions: | ||
| (1) must be written in plain language that is easy to | ||
| understand by the general public; | ||
| (2) shall be made readily available to the general | ||
| public in the manner prescribed by the supreme court; and | ||
| (3) must be translated into the Spanish language as | ||
| provided by Subsection (d). | ||
| (d) The Spanish language translation of a form must: | ||
| (1) state: | ||
| (A) that the Spanish language translated form is | ||
| to be used solely for the purpose of assisting in understanding the | ||
| form and may not be submitted to the probate court; and | ||
| (B) that the English language version of the form | ||
| must be submitted to the probate court; or | ||
| (2) be incorporated into the English language version | ||
| of the form in a manner that is understandable to both the probate | ||
| court and members of the general public. | ||
| (e) Each form and its instructions must clearly and | ||
| conspicuously state that the form is not a substitute for the advice | ||
| of an attorney. | ||
| (f) The clerk of a probate court shall inform members of the | ||
| general public of the availability of a form promulgated by the | ||
| supreme court under this section as appropriate and make the form | ||
| available free of charge. | ||
| (g) A probate court shall accept a form promulgated by the | ||
| supreme court under this section unless the form has been completed | ||
| in a manner that causes a substantive defect that cannot be cured. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 512 passed the Senate on | ||
| March 24, 2015, by the following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 512 passed the House on | ||
| May 22, 2015, by the following vote: Yeas 138, Nays 2, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
