HBA-SEP S.B. 723 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 723
By: Bernsen
Judicial Affairs
3/27/2001
Engrossed



BACKGROUND AND PURPOSE 

Previous sessions of the legislature, in response to privacy concerns,
removed the requirement that the applicant's social security number be
included in certain types of probate applications, however, the requirement
remains for an application for probate of a will.  Other legislative
changes regarding claims against a decedent's estate make the provision
permitting suits on rejected claims in courts other than the court with the
original jurisdiction inconsistent with current claims procedures.
Furthermore, current law authorizes only an executor or administrator to
administer community property, though an executor is only one type of
personal representative that a court is authorized to appoint for a
decedent's estate.   Senate Bill 723 modifies provisions relating to the
probate and administration of a decedent's estate.   

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

Senate Bill 723 amends the Texas Probate Code by deleting the provision
that requires an application for probate of a will to include the social
security number of the applicant and of the decedent.  The bill replaces
the terms "executor" and "administrator" with the term "personal
representative."  The bill also deletes  provisions that allow the case to
be heard in a court other than the court in which the probate is pending. 

EFFECTIVE DATE

September 1, 2001.