H.B. No. 3421 amends various sections of the Estates Code to enhance the procedures and requirements related to probate courts and decedents' estates. Key changes include the addition of new requirements for transferring probate proceedings between counties, such as the necessity for the transferring court to send specific documents, including a transfer certificate, copies of final orders, and the original will, to the receiving court. Additionally, the bill stipulates that the applicant requesting the transfer must cover the delivery costs. It also introduces provisions for making a will self-proved if a copy accompanied by a self-proving affidavit is presented, and it clarifies the inventory requirements for personal representatives, including the need to specify the marital status of the decedent and the classification of property as separate or community.
Further amendments address the custody of probated wills, the adjustment of personal representative accounts, and the responsibilities of temporary administrators. The bill mandates that courts deliver orders electronically and repeals a section of the Estates Code deemed unnecessary. The amendments are intended to clarify existing law rather than change it, and they will apply to proceedings initiated on or after the effective date of the Act, which is set for September 1, 2025.
Statutes affected: Introduced: Estates Code 33.105, Estates Code 256.156, Estates Code 256.202, Estates Code 309.051, Estates Code 309.052, Estates Code 354.001, Estates Code 452.006, Estates Code 453.003, Government Code 80.002, Estates Code 403.060 (Estates Code 309, Government Code 80, Estates Code 354, Estates Code 403, Estates Code 452, Estates Code 33, Estates Code 453, Estates Code 256)