HBA-JLV C.S.H.B. 3467 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3467
By: Hartnett
Judicial Affairs
4/26/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law requires the clerk of a court to issue a citation to all
parties interested in an estate when there is an application for the
probate of a noncupative will or for a written will which cannot be
produced in court.  No action can be taken on probating a will until
service of citation is made.  However, there are instances when an heir
does not object to the offering of the will which means that wills may be
probated and settled more efficiently.  C.S.H.B. 3467 provides that the
filing or contesting in probate court of any pleading relating to a
decedent's estate does not constitute tortious interference with
inheritance of the estate and provides that when a written will cannot be
produced in court, an heir may waive service of citation by delivering an
affidavit to the court stating that the heir does not object to the offer
of the testator's will for probate.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 3467 amends the Texas Probate Code to provide that the filing or
contesting in probate court of any pleading relating to a decedent's estate
does not constitute tortious interference with inheritance of the estate. 

In the case of an application for the probate of a written will that cannot
be produced in court, a citation is not required to be issued to an heir
who has delivered to the court an affidavit signed by the heir stating that
the heir does not object to the offer of the testator's will for probate.
The affidavit and citation must also contain a statement that an original
will cannot be produced in court, and the testator's property will pass to
the testator's heirs if a copy of the written will is not admitted to
probate.  If an application for the probate of a written will not produced
in court is filed and the residence of any of the testator's heirs cannot
be ascertained by the clerk, the court is required to appoint an attorney
ad litem to protect the interests of unknown heirs. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3467 modifies the original by removing provisions which provided
that if, at the time of a testator's death or at the time of the death of a
decedent who dies intestate, a petition for divorce filed by the testator
or the surviving spouse was pending in a court, all provisions in the will
appointing the surviving spouse to any fiduciary capacity under the will or
with respect to the estate or person of the testator's children, must be
read as if the surviving spouse failed to survive the testator, and are
null and void and of no effect unless the will expressly provides
otherwise, if in the divorce action either spouse has signed and  filed a
sworn statement that there is no reasonable expectation of reconciliation
and the divorce petition and statement were both filed not later than the
61st day before the date of the decedent's death. 

The substitute no longer deletes the requirement that the social security
numbers of the applicant and decedent be included on an application for
probate of a will as a muniment to title.