SB1208 —

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 29 section(s) of the Texas statutes: Section 113.252(c), Estates Code, Section 114.102, Estates Code, Section 201.003(c), Estates Code, Section 202.151, Estates Code, Section 254.006, Estates Code, Section 255.456, Estates Code.

• SUBCHAPTER C. PROVISION OF CERTAIN INFORMATION ON DEATH Sec. 111.101. DEFINITIONS. In this subchapter: (1) "Contracting third party" has the meaning assigned by Section 111.051. (2) "Deceased party" means a deceased: (A) party to a multiple-party account governed by Chapter 113; (B) owner of property subject to a possible nontestamentary transfer as described by Section 111.051(1); or (C) insured under an insurance contract. Sec. 111.102. PROVISION OF INFORMATION TO PERSONAL REPRESENTATIVE OF DECEASED PARTY. To the extent not prohibited by federal or other state law, a contracting third party shall, on request, provide to the personal representative of a deceased party's estate all information the contracting third party would have provided to the deceased party as of the date of the deceased party's death, if the deceased party had requested the information, without regard to whether the deceased party's estate has an interest in the multiple-party account, the property subject to a possible nontestamentary transfer, or the insurance contract.

  amended

• Section 113.252(c), Estates Code

  : (1) may be commenced only if the personal representative receives a written demand by a surviving spouse, a creditor, or a person acting on behalf of a minor child of the deceased party; and (2)

  amended

• Section 114.102, Estates Code

  or a memorandum sufficient to give notice of the conveyance of the interest or memorandum

  amended

• Section 201.003(c), Estates Code

  one-half of the community estate is retained by the surviving spouse and the other one-half → other the deceased spouse's undivided one-half interest in the community estate other

  amended

• Section 202.151, Estates Code

  Testimony → Except as provided by Subsection (c), , testimony regarding a decedent's heirs and family history from two disinterested and credible witnesses (c) If it is shown to the court's satisfaction in a proceeding to declare heirship that, after a diligent search was made, only one disinterested and credible witness can be found who can make the required proof in the proceeding, the testimony of that witness must be taken in open court, by deposition in accordance with Section 51.203, or in accordance with the Texas Rules of Civil Procedure.

  amended

• VALIDITY OF

  amended

• Section 254.006, Estates Code

  Sec. 254.006. DESIGNATION OF ADMINISTRATOR. (a) A testator in a will may grant to an executor named in the will or to another person identified by name, office, or function the authority to designate one or more persons to serve as administrator of the testator's estate. (b) To be effective, a designation of an administrator of a testator's estate as authorized by a will under Subsection (a) must be in writing and acknowledged before an officer authorized to take acknowledgments and administer oaths. (c) Unless the will provides otherwise, a person designated to serve as administrator of a testator's estate as provided by Subsection (a) is qualified to serve only if: (1) each executor named in the testator's will: (A) is deceased; (B) is disqualified to serve as executor; or (C) indicates by affidavit filed with the county clerk of the county in which the application for letters testamentary is filed or, if an application has not been filed, a county described by Section 33.001(a)(1) or (2) the executor's inability or unwillingness to serve as executor; (2) the designation is effective as provided by Subsection (b); and (3) the person is not disqualified from serving under Section 304.003. (d) Unless the will or designation provides otherwise, a person designated as administrator of a testator's estate as provided by this section has the same rights, powers, and duties as an executor named in the will, including the right to serve as an independent administrator with the power to sell property without the need for consent of the distributees under Section 401.002 or 401.006.

  amended

• Section 255.456, Estates Code

  Sec. 255.456. TRANSFER OF PROCEEDING. (a) To the extent that this section conflicts with other provisions of this title, this section prevails. (b) In a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, if a personal representative petitions the county court to modify or reform the terms of a will, the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, transfer the proceeding to the district court, which may then hear the proceeding as if originally filed in the district court. A district court to which a proceeding is transferred under this subsection has the jurisdiction and authority granted to a statutory probate court by Subtitle A. (c) In a county in which there is no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction, if a personal representative petitions the county court to modify or reform the terms of a will, the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, transfer the proceeding to the county court at law, which may then hear the proceeding as if originally filed in the county court at law. (d) The county court shall continue to exercise jurisdiction over the management of the estate, other than the modification or reformation proceeding, until final disposition of the modification or reformation proceeding is made in accordance with this subchapter. (e) On resolution of the modification or reformation proceeding, the district court or county court at law to which the proceeding is transferred under this section shall return the matter to the county court for further proceedings not inconsistent with the orders of the district court or county court at law. (f) The clerk of a district court to which a modification or reformation proceeding is transferred under this section may perform in relation to the proceeding any function a county clerk may perform with respect to that type of matter.

  added

• Section 256.051(a), Estates Code

  written or unwritten; (2) (3) (4) (5) → an administrator designated as authorized under Section 254.006, (2) (3) (4)

  amended

• Section 256.052(a), Estates Code

  applicable → the applicant has been issued one

  amended

• Section 256.053(b), Estates Code

  : (1) under Section 256.202; or (2) by a court order issued under Subchapter C, Chapter 33, in which case the clerk shall deliver the will directly to the clerk of the court to which the probate proceeding is transferred

  amended

• Section 256.202, Estates Code

  and → ; and (3) the person removing the will shall deliver the will back to the office of the county clerk after the inspection is completed

  amended

• Section 257.051(a), Estates Code

  applicable → the applicant has been issued one

  amended

• SUBCHAPTER D. SUBSEQUENT ESTATE ADMINISTRATION Sec. 257.151. APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION AFTER WILL ADMITTED TO PROBATE AS MUNIMENT OF TITLE. The issuance of a court order admitting a will to probate as a muniment of title under this chapter does not preclude the subsequent appointment of a personal representative and opening of an administration for the testator's estate if: (1) an application under Chapter 301 is filed not later than the fourth anniversary of the testator's death; or (2) the administration of the testator's estate is necessary for a reason provided by Section 301.002(b). Sec. 257.152. COMPUTATION OF CERTAIN PERIODS. If a personal representative is appointed for a testator's estate after the testator's will has been admitted to probate as a muniment of title, the periods prescribed by the following sections begin to run from the date of qualification of the personal representative rather than from the date the will is admitted to probate as a muniment of title: (1) Section 306.001; (2) Section 306.002(a)(2)(B)(ii); (3) Section 308.002; and (4) Section 308.004.

  amended

• Section 301.051, Estates Code

  or → an administrator designated as authorized under Section 254.006, (1-a) the appointment of the designated administrator; (iii) a person designated to serve as administrator under Section 254.006 is disqualified, refuses to serve, or is dead; or (iv) an authorized person other than the executor has not designated any person to serve as administrator under Section 254.006 as of the date of the filing of the application and notifies the court that the person has no intention of doing so;

  amended

• Section 301.052(a), Estates Code

  applicable applicable → the applicant has been issued one the applicant has been issued one

  amended

• Section 301.151, Estates Code

  Section 301.002(b) due a decedent's estate except as provided by Section 301.002(b)(2), → Sections 301.002(b)(1) and (2) or to prevent real property of the estate from becoming a danger

  amended

• Section 304.001(a), Estates Code

  (1-a) the person designated as administrator as authorized under Section 254.006;

  amended

• Section 351.106, Estates Code

  Sec. 351.106. DIGITAL ASSETS. A personal representative of a decedent's estate may apply for and obtain a court order, either at the time the personal representative is appointed or at any time before the administration of the estate is closed, that: (1) directs disclosure of the content of electronic communications of the decedent to the personal representative as provided by Section 2001.101 and that contains any court finding described by Section 2001.101(b)(3); (2) with respect to a catalog of electronic communications sent or received by the decedent and other digital assets of the decedent, other than the content of an electronic communication, contains any court finding described by Section 2001.102(b)(4); or (3) directs under Section 2001.231 a custodian to comply with a request to disclose digital assets under Chapter 2001.

  added

• Except as provided by Subsection (b) and subject only to the approval of the court in which the estate is being administered, a entered into made under section section section → A , without court approval, described by subsection subsection subsection

  amended

• Section 352.052, Estates Code

  OR SUCCESSFUL CONTEST

  amended

• Section 352.052, Estates Code

  (c) In this subsection, "interested person" does not include a creditor or any other having a claim against the estate. An interested person who, in good faith and with just cause, successfully prosecutes a proceeding to contest the validity of a will or alleged will offered for or admitted to probate may be allowed out of the estate the person's necessary expenses and disbursements in that proceeding, including reasonable attorney's fees.

  amended

• a total of , , and → , including claims for reimbursement of those expenses, for funeral expenses and $15,000 for expenses of the decedent's last illness : (1) ; (2) ; (3) ; and (4) for an estate with respect to which a public probate administrator has taken any action under Chapter 455, court costs and commissions to which the administrator is entitled under Subchapter A, Chapter 352

  amended

• Section 355.103, Estates Code

  , → in an amount not to exceed $15,000

  amended

• claim claim a reasonable → the determined by the court in full satisfaction of the claim

  amended

• confirmation confirming → approval approving

  amended

• SALE sale estate is pending METHOD SALE sale made at public auction to SALE sale made proceedings are pending that sales made The sale sale made real estate is located proceedings are pending SALE sale sale sale a sale of the sale for sale sale sold sale sale MANNER OF A shall be → AUCTION METHOD OF SALE; A public sale of real estate of an estate shall be made at public auction. auction real estate is located and in which the auction is to be held COMPLETION AUCTION auction completed on the bid of AUCTION auction held real estate is located, or if the real estate is located in more than one county, the courthouse door in any county in which the real estate is located a described by Subdivision (1) auctions held as designated by the commissioners court of the county under Section 51.002(a), Property Code Except as otherwise provided by this subsection, the auction If the first Tuesday of the month occurs on January 1 or July 4, the auction must occur between 10 a.m. and 4 p.m. on the first Wednesday of the month. auction held proceedings are pending real estate is located AUCTION auction auction auction an auction under Section 356.551 bid auctioned auction auction CONTRACT FOR TERMS OF The personal representative of an estate may enter into a contract for the

  amended

• Section 356.502, Estates Code

  at private sale → private by contract

  amended

• CONFIRMATION → APPROVAL

  amended

• Section 356.551, Estates Code

  sale sale which was sold was privately → successful bid or contract for the bid or the property is placed under contract being the auction or date the property is placed under contract of the successful bid or the purchase price auctioned or placed under contract of the property is to be by contract

  amended

• Section 356.552, Estates Code

  OF SALE of sale sale → auction or contract described in the report

  amended

• Section 356.553, Estates Code

  CONFIRMATION confirm → APPROVAL approve

  amended

• confirms confirm confirm → approves approve approve

  amended

• Section 356.556, Estates Code

  CONFIRMATION a sale was confirming sale was sale confirming of a sale → APPROVAL the proposed sale of real property is approving proposed sale of real property is bid or contract approving under Section 356.551

  amended

• Section 356.557, Estates Code

  confirming → approving

  amended

• Section 356.558(a), Estates Code

  confirmed → approved

  amended

• Section 401.005, Estates Code

  (a-1) If a decedent's will does not contain language directing that no bond or security be required of a person named as executor, unless the court finds that it would not be in the best interest of the estate, the court may waive the requirement of a bond if all of the distributees of the decedent agree to the waiver of bond in: (1) the application for probate of the decedent's will; or (2) one or more separate documents consenting to the application for probate of the decedent's will.

  amended

• Section 402.003, Estates Code

  Sec. 402.003. DIGITAL ASSETS. The court, either at the time the independent executor of an estate is appointed or at any time before the administration of the estate is closed, may enter an order that: (1) directs disclosure of the content of electronic communications of the decedent to the independent executor as provided by Section 2001.101 and that contains any court finding described by Section 2001.101(b)(3); (2) with respect to a catalog of electronic communications sent or received by the decedent and other digital assets of the decedent, other than the content of an electronic communication, contains any court finding described by Section 2001.102(b)(4); or (3) directs under Section 2001.231 a custodian to comply with a request to disclose digital assets under Chapter 2001.

  added

• Section 403.05851, Estates Code

  Sec. 403.05851. OTHER CLAIM PROCEDURES APPLY TO MEDICAID ESTATE RECOVERY PROGRAM CLAIM. The procedural provisions of this title governing creditor claims in supervised administrations apply to a claim of the Medicaid estate recovery program under Section 531.077, Government Code, in an independent administration.

  added

• Section 455.008(a), Estates Code

  10 → 20

  amended