2011 Legislation

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The 82nd Texas Legislature ended its regular session May 30, 2011. All probate, guardianship and trust bills passed during the session have been signed by the Governor, and most become effective September 1, 2011. One bill in the first called session (SB 1) contains guardianship changes and, as of July 8, 2011, was awaiting the Governor's signature. Each bill affecting probate, guardianship and trust law is listed below. Click here to search for a particular bill, or use the list of topics and key words to the right to find legislation.

Useful links:

Texas Legislature Online.
Glenn Karisch's 2011 Legislative Update.
Bill Pargaman's 2011 Legislative Update -- All of the bills, the full text of all of the changes to the probate and trust codes and helpful forms.
Top Ten Things to Do Now -- Glenn Karisch's list of ten things estate planning and probate attorneys should do to address the legislative changes taking effect September 1, 2011. Here are the pdf and blog versions.

All bills are labeled "Awaiting Governor's Signature," "Enacted," or "Did Not Pass."
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Entries in HB 2899 (1)

Thursday

Mar102011

x-Did Not Pass: HB 2899 -- Decedents' estates

Caption: Relating to decedents' estates.
Author: Hartnett
Bill History
Bill Text

Relevance: This bill makes multiple changes to the decedents' estates portion of the probate code, including repealing Section 29 of the Probate Code, which exempted executors and administrators from the requirement to file an appeal bond, clarifying that there is no statute of limitations for determining heirship, permitting unsecured creditors to initiate probate proceedings (secured creditors already were permitted to do so), prohibiting severance of dueling will applications (both applications must be heard together), tinkering with the notice requirements for removal of independent executors and addressing the disposition of property distributable from an estate to an unknown or missing person.