S.B. No. 1839 amends Section 33.105 of the Estates Code to enhance the process of delivering records, including wills, during probate proceedings that are transferred to courts in other counties. The bill specifies that when a probate proceeding is transferred, the clerk of the transferring court must send several documents to the receiving court, including a transfer certificate, copies of final orders, the order of transfer, original papers filed in the transferring court, and a bill of any costs accrued. Notably, the bill introduces a requirement for the original will or a paper copy of the will to be delivered using a qualified delivery method, ensuring that the necessary documentation is properly handled during the transfer.
Additionally, the bill establishes that the applicant who requested the transfer of the probate proceeding is responsible for covering the delivery costs associated with the original will or paper copy. This legislation is set to take effect on September 1, 2025, and will apply to any proceedings that are pending or commenced on or after that date.
Statutes affected: Introduced: Estates Code 33.105 (Estates Code 33)
Senate Committee Report: Estates Code 33.105 (Estates Code 33)
Engrossed: Estates Code 33.105 (Estates Code 33)