S.B. No. 995

	AN ACT
	relating to decedents' estates.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 113.004(4), Estates Code, is amended to
	read as follows:
	(4)  "P.O.D. account," including an account designated
	as a transfer on death or T.O.D. account, means an account payable
	on request to:
	(A)  one person during the person's lifetime and,
	on the person's death, to one or more P.O.D. payees; or
	(B)  one or more persons during their lifetimes
	and, on the death of all of those persons, to one or more P.O.D.
	payees.
	SECTION 2.  Section 113.152, Estates Code, is amended by
	adding Subsection (c) to read as follows:
	(c)  A guardian of the estate or an attorney in fact or agent
	of an original payee may sign a written agreement described by
	Subsection (a) on behalf of the original payee.
	SECTION 3.  Section 123.001, Estates Code, is amended to
	read as follows:
	Sec. 123.001.  WILL PROVISIONS MADE BEFORE DISSOLUTION OF
	MARRIAGE. (a)  In this section:
	(1)  "Irrevocable trust" means a trust:
	(A)  for which the trust instrument was executed
	before the dissolution of a testator's marriage; and
	(B)  that the testator was not solely empowered by
	law or by the trust instrument to revoke.
	(2)  "Relative"[, "relative"] means an individual
	related to another individual by:
	(A) [(1)]  consanguinity, as determined under
	Section 573.022, Government Code; or
	(B) [(2)]  affinity, as determined under Section
	573.024, Government Code.
	(b)  If, after the testator makes a will, the testator's
	marriage is dissolved by divorce, annulment, or a declaration that
	the marriage is void, unless the will expressly provides otherwise:
	(1)  all provisions in the will, including all
	fiduciary appointments, shall be read as if the former spouse and
	each relative of the former spouse who is not a relative of the
	testator had failed to survive the testator; and
	(2)  all provisions in the will disposing of property
	to an irrevocable trust in which a former spouse or a relative of a
	former spouse who is not a relative of the testator is a beneficiary
	or is nominated to serve as trustee or in another fiduciary capacity
	or that confers a general or special power of appointment on a
	former spouse or a relative of a former spouse who is not a relative
	of the testator shall be read to instead dispose of the property to
	a trust the provisions of which are identical to the irrevocable
	trust, except any provision in the irrevocable trust:
	(A)  conferring a beneficial interest or a general
	or special power of appointment to the former spouse or a relative
	of the former spouse who is not a relative of the testator shall be
	treated as if the former spouse and each relative of the former
	spouse who is not a relative of the testator had disclaimed the
	interest granted in the provision; and
	(B)  nominating the former spouse or a relative of
	the former spouse who is not a relative of the testator to serve as
	trustee or in another fiduciary capacity shall be treated as if the
	former spouse and each relative of the former spouse who is not a
	relative of the testator had died immediately before the
	dissolution of the marriage[, unless the will expressly provides
	otherwise].
	(c)  Subsection (b)(2) does not apply if one of the following
	provides otherwise:
	(1)  a court order; or
	(2)  an express provision of a contract relating to the
	division of the marital estate entered into between the testator
	and the testator's former spouse before, during, or after the
	marriage.
	SECTION 4.  Section 123.052(a), Estates Code, is amended to
	read as follows:
	(a)  The dissolution of the marriage revokes a provision in a
	trust instrument that was executed by a divorced individual before
	the divorced individual's marriage was dissolved and that:
	(1)  is a revocable disposition or appointment of
	property made to the divorced individual's former spouse or any
	relative of the former spouse who is not a relative of the divorced
	individual;
	(2)  revocably confers a general or special power of
	appointment on the divorced individual's former spouse or any
	relative of the former spouse who is not a relative of the divorced
	individual; or
	(3)  revocably nominates the divorced individual's
	former spouse or any relative of the former spouse who is not a
	relative of the divorced individual to serve:
	(A)  as a personal representative, trustee,
	conservator, agent, or guardian; or
	(B)  in another fiduciary or representative
	capacity.
	SECTION 5.  Chapter 123, Estates Code, is amended by adding
	Subchapter D to read as follows:
	SUBCHAPTER D.  EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN
	MULTIPLE-PARTY ACCOUNTS
	Sec. 123.151.  DESIGNATION OF FORMER SPOUSE OR RELATIVE OF
	FORMER SPOUSE ON CERTAIN MULTIPLE-PARTY ACCOUNTS. (a)  In this
	section:
	(1)  "Beneficiary," "multiple-party account," "P.O.D.
	account," and "P.O.D. payee" have the meanings assigned by Chapter
	113.
	(2)  "Public retirement system" has the meaning
	assigned by Section 802.001, Government Code.
	(3)  "Relative" has the meaning assigned by Section
	123.051.
	(b)  If, after a decedent designates a spouse or a relative
	of a spouse who is not a relative of the decedent as a P.O.D. payee
	or beneficiary, including alternative P.O.D. payee or beneficiary,
	on a P.O.D. account or other multiple-party account, the decedent's
	marriage is dissolved by divorce, annulment, or a declaration that
	the marriage is void, the designation provision on the account is
	not effective as to the former spouse or the former spouse's
	relative unless:
	(1)  the court decree dissolving the marriage
	designates the former spouse or the former spouse's relative as the
	P.O.D. payee or beneficiary;
	(2)  the decedent redesignated the former spouse or the
	former spouse's relative as the P.O.D payee or beneficiary after
	the marriage was dissolved; or
	(3)  the former spouse or the former spouse's relative
	is designated to receive the proceeds or benefits in trust for, on
	behalf of, or for the benefit of a child or dependent of either the
	decedent or the former spouse.
	(c)  If a designation is not effective under Subsection (b),
	a multiple-party account is payable to the named alternative P.O.D.
	payee or beneficiary or, if an alternative P.O.D. payee or
	beneficiary is not named, to the estate of the decedent.
	(d)  A financial institution or other person obligated to pay
	an account described by Subsection (b) that pays the account to the
	former spouse or the former spouse's relative as P.O.D. payee or
	beneficiary under a designation that is not effective under
	Subsection (b) is liable for payment of the account to the person
	provided by Subsection (c) only if:
	(1)  before payment of the account to the designated
	P.O.D. payee or beneficiary, the payor receives written notice at
	the home office or principal office of the payor from an interested
	person that the designation of the P.O.D. payee or beneficiary is
	not effective under Subsection (b); and
	(2)  the payor has not interpleaded the account funds
	into the registry of a court of competent jurisdiction in
	accordance with the Texas Rules of Civil Procedure.
	(e)  This section does not affect the right of a former
	spouse to assert an ownership interest in an undivided
	multiple-party account described by Subsection (b).
	(f)  This section does not apply to the disposition of a
	beneficial interest in a retirement benefit or other financial plan
	of a public retirement system.
	SECTION 6.  Section 201.051, Estates Code, is amended to
	read as follows:
	Sec. 201.051.  MATERNAL INHERITANCE.  (a)  For purposes of
	inheritance, a child is the child of the child's biological or
	adopted mother, and the child and the child's issue shall inherit
	from the child's mother and the child's maternal kindred, both
	descendants, ascendants, and collateral kindred in all degrees, and
	they may inherit from the child and the child's issue.  However, if
	a child has intended parents, as defined by Section 160.102, Family
	Code, under a gestational agreement validated under Subchapter I,
	Chapter 160, Family Code, the child is the child of the intended
	mother and not the biological mother or gestational mother unless
	the biological mother is also the intended mother.
	(b)  This section does not permit inheritance by a child for
	whom no right of inheritance accrues under Section 201.056 or by the
	child's issue.
	SECTION 7.  Section 201.052, Estates Code, is amended by
	adding Subsection (f) to read as follows:
	(f)  This section does not permit inheritance by a child for
	whom no right of inheritance accrues under Section 201.056 or by the
	child's issue.
	SECTION 8.  Section 201.056, Estates Code, is amended to
	read as follows:
	Sec. 201.056.  PERSONS NOT IN BEING. No right of inheritance
	accrues to any person [other than to a child or lineal descendant of
	an intestate,] unless the person is born before, or is in gestation
	at, [in being and capable in law to take as an heir at] the time of
	the intestate's death and survives for at least 120 hours. A person
	is:
	(1)  considered to be in gestation at the time of the
	intestate's death if insemination or implantation occurs at or
	before the time of the intestate's death; and
	(2)  presumed to be in gestation at the time of the
	intestate's death if the person is born before the 301st day after
	the date of the intestate's death.
	SECTION 9.  Section 202.005, Estates Code, is amended to
	read as follows:
	Sec. 202.005.  APPLICATION FOR PROCEEDING TO DECLARE
	HEIRSHIP.  A person authorized by Section 202.004 to commence a
	proceeding to declare heirship must file an application in a court
	specified by Section 33.004 to commence the proceeding.  The
	application must state:
	(1)  the decedent's name and date [time] and place of
	death;
	(2)  the names and physical addresses where service can
	be had [residences] of the decedent's heirs, the relationship of
	each heir to the decedent, whether each heir is an adult or minor,
	and the true interest of the applicant and each of the heirs in the
	decedent's estate or in the trust, as applicable;
	(3)  if the date [time] or place of the decedent's death
	or the name or physical address where service can be had [residence]
	of an heir is not definitely known to the applicant, all the
	material facts and circumstances with respect to which the
	applicant has knowledge and information that might reasonably tend
	to show the date [time] or place of the decedent's death or the name
	or physical address where service can be had [residence] of the
	heir;
	(4)  that all children born to or adopted by the
	decedent have been listed;
	(5)  that each of the decedent's marriages has been
	listed with:
	(A)  the date of the marriage;
	(B)  the name of the spouse;
	(C)  the date and place of termination if the
	marriage was terminated; and
	(D)  other facts to show whether a spouse has had
	an interest in the decedent's property;
	(6)  whether the decedent died testate and, if so, what
	disposition has been made of the will;
	(7)  a general description of all property belonging to
	the decedent's estate or held in trust for the benefit of the
	decedent, as applicable; and
	(8)  an explanation for the omission from the
	application of any of the information required by this section.
	SECTION 10.  Section 202.055, Estates Code, is amended to
	read as follows:
	Sec. 202.055.  SERVICE OF CITATION ON CERTAIN PERSONS NOT
	REQUIRED. A party to a proceeding to declare heirship who executed
	the application filed under Section 202.005, entered an appearance
	in the proceeding, or waived citation under this subchapter is not
	required to be served by any method.
	SECTION 11.  Section 202.056, Estates Code, is amended to
	read as follows:
	Sec. 202.056.  WAIVER OF SERVICE OF CITATION. (a)  Except
	as provided by Subsection (b)(2), a distributee may waive citation
	required by this subchapter to be served on the distributee.
	(b)  A parent, managing conservator, guardian, attorney ad
	litem, or guardian ad litem of a minor distributee who:
	(1)  is younger than 12 years of age may waive citation
	required by this subchapter to be served on the distributee; and
	(2)  is 12 years of age or older may not waive citation
	required by this subchapter to be served on the distributee.
	SECTION 12.  Section 202.201(a), Estates Code, is amended to
	read as follows:
	(a)  The judgment in a proceeding to declare heirship must
	state:
	(1)  the names [and places of residence] of the heirs of
	the decedent who is the subject of the proceeding; and
	(2)  the heirs' respective shares and interests in the
	decedent's property.
	SECTION 13.  Subchapter B, Chapter 251, Estates Code, is
	amended by adding Section 251.053 to read as follows:
	Sec. 251.053.  EXCEPTION FOR FOREIGN AND CERTAIN OTHER
	WILLS. Section 251.051 does not apply to a written will executed in
	compliance with:
	(1)  the law of the state or foreign country where the
	will was executed, as that law existed at the time of the will's
	execution; or
	(2)  the law of the state or foreign country where the
	testator was domiciled or had a place of residence, as that law
	existed at the time of the will's execution or at the time of the
	testator's death.
	SECTION 14.  Section 251.1045(a), Estates Code, is amended
	to read as follows:
	(a)  As an alternative to the self-proving of a will by the
	affidavits of the testator and the attesting witnesses as provided
	by Section 251.104, a will may be simultaneously executed,
	attested, and made self-proved before an officer authorized to
	administer oaths, and the testimony of the witnesses in the probate
	of the will may be made unnecessary, with the inclusion in the will
	of the following in form and contents substantially as follows:
	I, ______________________, as testator, after being duly
	sworn, declare to the undersigned witnesses and to the undersigned
	authority that this instrument is my will, that I [have] willingly
	make [made] and execute [executed] it in the presence of the
	undersigned witnesses, all of whom are [were] present at the same
	time, as my free act and deed, and that I request [have requested]
	each of the undersigned witnesses to sign this will in my presence
	and in the presence of each other.  I now sign this will in the
	presence of the attesting witnesses and the undersigned authority
	on this ______ day of __________, 20________________.
	__________________________
	Testator
	The undersigned, __________ and __________, each being at
	least fourteen years of age, after being duly sworn, declare to the
	testator and to the undersigned authority that the testator
	declared to us that this instrument is the testator's will and that
	the testator requested us to act as witnesses to the testator's will
	and signature.  The testator then signed this will in our presence,
	all of us being present at the same time.  The testator is eighteen
	years of age or over (or being under such age, is or has been
	lawfully married, or is a member of the armed forces of the United
	States or of an auxiliary of the armed forces of the United States
	or of the United States Maritime Service), and we believe the
	testator to be of sound mind.  We now sign our names as attesting
	witnesses in the presence of the testator, each other, and the
	undersigned authority on this __________ day of __________,
	20______________.
	___________________________
	Witness
	___________________________
	Witness
	Subscribed and sworn to before me by the said _________,
	testator, and by the said _____________ and ______________,
	witnesses, this _____ day of __________, 20____________.
	(SEAL)
	(Signed)
	(Official Capacity of Officer)
	SECTION 15.  The heading to Section 253.001, Estates Code,
	is amended to read as follows:
	Sec. 253.001.  COURT MAY NOT PROHIBIT CHANGING OR REVOKING A
	WILL.
	SECTION 16.  Sections 253.001(b) and (c), Estates Code, are
	amended to read as follows:
	(b)  A court may not prohibit a person from:
	(1)  executing a new will;
	(2)  executing [or] a codicil to an existing will; or
	(3)  revoking an existing will or codicil in whole or in
	part.
	(c)  Any portion of a court order that purports to prohibit a
	person from engaging in an action described by Subsection (b)
	[executing a new will or a codicil to an existing will] is void and
	may be disregarded without penalty or sanction of any kind.
	SECTION 17.  Section 254.005, Estates Code, is amended to
	read as follows:
	Sec. 254.005.  FORFEITURE CLAUSE.  (a)  A provision in a
	will that would cause a forfeiture of or void a devise or provision
	in favor of a person for bringing any court action, including
	contesting a will, is enforceable unless in a court action
	determining whether the forfeiture clause should be enforced, the
	person who brought the action contrary to the forfeiture clause
	establishes by a preponderance of the evidence that:
	(1)  just cause existed for bringing the action; and
	(2)  the action was brought and maintained in good
	faith.
	(b)  This section is not intended to and does not repeal any
	law recognizing that forfeiture clauses generally will not be
	construed to prevent a beneficiary from seeking to compel a
	fiduciary to perform the fiduciary's duties, seeking redress
	against a fiduciary for a breach of the fiduciary's duties, or
	seeking a judicial construction of a will or trust.
	SECTION 18.  Subchapter G, Chapter 255, Estates Code, is
	amended by adding Section 255.304 to read as follows:
	Sec. 255.304.  APPLICABILITY OF SUBCHAPTER. This subchapter
	is applicable only to wills executed on or after September 1, 2005.
	SECTION 19.  Chapter 255, Estates Code, is amended by adding
	Subchapters I and J to read as follows:
	SUBCHAPTER I. CLASS GIFTS
	Sec. 255.401.  POSTHUMOUS CLASS GIFT MEMBERSHIP. (a)  A
	right to take as a member under a class gift does not accrue to any
	person unless the person is born before, or is in gestation at, the
	time of the testator's death and survives for at least 120 hours. A
	person is:
	(1)  considered to be in gestation at the time of the
	testator's death if insemination or implantation occurs at or
	before the time of the testator's death; and
	(2)  presumed to be in gestation at the time of the
	testator's death if the person was born before the 301st day after
	the date of the testator's death.
	(b)  A provision in the testator's will that is contrary to
	this section prevails over this section.
	SUBCHAPTER J. JUDICIAL MODIFICATION OR REFORMATION
	OF WILLS
	Sec. 255.451.  CIRCUMSTANCES UNDER WHICH WILL MAY BE
	MODIFIED OR REFORMED. (a)  On the petition of a personal
	representative, a court may order that the terms of the will be
	modified or reformed, that the personal representative be directed
	or permitted to perform acts that are not authorized or that are
	prohibited by the terms of the will, or that the personal
	representative be prohibited from performing acts that are required
	by the terms of the will, if:
	(1)  modification of administrative, nondispositive
	terms of the will is necessary or appropriate to prevent waste or
	impairment of the estate's administration;
	(2)  the order is necessary or appropriate to achieve
	the testator's tax objectives or to qualify a distributee for
	government benefits and is not contrary to the testator's intent;
	or
	(3)  the order is necessary to correct a scrivener's
	error in the terms of the will, even if unambiguous, to conform with
	the testator's intent.
	(b)  An order described in Subsection (a)(3) may be issued
	only if the testator's intent is established by clear and
	convincing evidence.
	Sec. 255.452.  JUDICIAL DISCRETION. The court shall
	exercise the court's discretion to order a modification or
	reformation under this subchapter in the manner that conforms as
	nearly as possible to the probable intent of the testator.
	Sec. 255.453.  RETROACTIVE EFFECT. The court may direct
	that an order described by this subchapter has retroactive effect.
	Sec. 255.454.  POWERS CUMULATIVE. This subchapter does not
	limit a court's powers under other law, including the power to
	modify, reform, or terminate a testamentary trust under Section
	112.054, Property Code.
	Sec. 255.455.  DUTIES AND LIABILITY OF PERSONAL
	REPRESENTATIVE UNDER SUBCHAPTER. (a)  This subchapter does not
	create or imply a duty for a personal representative to:
	(1)  petition a court for modification or reformation
	of a will, to be directed or permitted to perform acts that are not
	authorized or that are prohibited by the terms of the will, or to be
	prohibited from performing acts that are required by the terms of
	the will;
	(2)  inform devisees about the availability of relief
	under this subchapter; or
	(3)  review the will or other evidence to determine
	whether any action should be taken under this subchapter.
	(b)  A personal representative is not liable for failing to
	file a petition under Section 255.451.
	SECTION 20.  Sections 256.003(a) and (b), Estates Code, are
	amended to read as follows:
	(a)  Except as provided by Section 501.001 with respect to a
	foreign will, a [A] will may not be admitted to probate after the
	fourth anniversary of the testator's death unless it is shown by
	proof that the applicant for the probate of the will was not in
	default in failing to present the will for probate on or before the
	fourth anniversary of the testator's death.
	(b)  Except as provided by Section 501.006 with respect to a
	foreign will, letters [Letters] testamentary may not be issued if a
	will is admitted to probate after the fourth anniversary of the
	testator's death.
	SECTION 21.  Section 256.051(a), Estates Code, is amended to
	read as follows:
	(a)  An executor named in a will, an independent
	administrator designated by all of the distributees of the decedent
	under Section 401.002(b), or an interested person may file an
	application with the court for an order admitting a will to probate,
	whether the will is:
	(1)  written or unwritten;
	(2)  in the applicant's possession or not;
	(3)  lost;
	(4)  destroyed; or
	(5)  outside of this state.
	SECTION 22.  Section 256.052(a), Estates Code, is amended to
	read as follows:
	(a)  An application for the probate of a will must state and
	aver the following to the extent each is known to the applicant or
	can, with reasonable diligence, be ascertained by the applicant:
	(1)  each applicant's name and domicile;
	(2)  the testator's name, domicile, and, if known, age,
	on the date of the testator's death;
	(3)  the fact, date [time], and place of the testator's
	death;
	(4)  facts showing that the court with which the
	application is filed has venue;
	(5)  that the testator owned property, including a
	statement generally describing the property and the property's
	probable value;
	(6)  the date of the will;
	(7)  the name, state of residence, and physical address
	where service can be had of the executor named in the will or other
	person to whom the applicant desires that letters be issued;
	(8)  the name of each subscribing witness to the will,
	if any;
	(9)  whether one or more children born to or adopted by
	the testator after the testator executed the will survived the
	testator and, if so, the name of each of those children;
	(10)  whether a marriage of the testator was ever
	dissolved after the will was made and, if so, when and from whom;
	(11)  whether the state, a governmental agency of the
	state, or a charitable organization is named in the will as a
	devisee; and
	(12)  that the executor named in the will, the
	applicant, or another person to whom the applicant desires that
	letters be issued is not disqualified by law from accepting the
	letters.
	SECTION 23.  Section 256.054, Estates Code, is amended to
	read as follows:
	Sec. 256.054.  ADDITIONAL APPLICATION REQUIREMENTS WHEN NO
	WILL IS PRODUCED.  In addition to the requirements for an
	application under Section 256.052, if an applicant for the probate
	of a will cannot produce the will in court, the application must
	state:
	(1)  the reason the will cannot be produced;
	(2)  the contents of the will, as far as known; and
	(3)  the name[, age, marital status,] and address, if
	known, whether the person is an adult or minor, and the relationship
	to the testator, if any, of:
	(A)  each devisee;
	(B)  each person who would inherit as an heir of
	the testator in the absence of a valid will; and
	(C)  in the case of partial intestacy, each heir
	of the testator.
	SECTION 24.  Sections 256.152(b) and (c), Estates Code, are
	amended to read as follows:
	(b)  A will that is self-proved as provided by Subchapter C,
	Chapter 251, that [or, if executed in another state or a foreign
	country,] is self-proved in accordance with the law [laws] of
	another [the] state or foreign country where the will was executed,
	as that law existed at the time of the will's execution, or that is
	self-proved in accordance with the law of another state or foreign
	country where the testator was domiciled or had a place of
	residence, as that law existed at the time of the will's execution
	or the time of the testator's death, [of the testator's domicile at
	the time of the execution] is not required to have any additional
	proof that the will was executed with the formalities and
	solemnities and under the circumstances required to make the will
	valid.
	(c)  As an alternative to Subsection (b), a will [executed in
	another state or a foreign country] is considered self-proved
	without further evidence of the law of any [the other] state or
	foreign country if:
	(1)  the will was executed in another state or a foreign
	country or the testator was domiciled or had a place of residence in
	another state or a foreign country at the time of the will's
	execution or the time of the testator's death; and
	(2)  the will, or an affidavit of the testator and
	attesting witnesses attached or annexed to the will, provides that:
	(A) [(1)]  the testator declared that the
	testator signed the instrument as the testator's will, the testator
	signed it willingly or willingly directed another to sign for the
	testator, the testator executed the will as the testator's free and
	voluntary act for the purposes expressed in the instrument, the
	testator is of sound mind and under no constraint or undue
	influence, and the testator is eighteen years of age or over or, if
	under that age, was or had been lawfully married, or was then a
	member of the armed forces of the United States, an auxiliary of the
	armed forces of the United States, or the United States Maritime
	Service; and
	(B) [(2)]  the witnesses declared that the
	testator signed the instrument as the testator's will, the testator
	signed it willingly or willingly directed another to sign for the
	testator, each of the witnesses, in the presence and hearing of the
	testator, signed the will as witness to the testator's signing, and
	to the best of their knowledge the testator was of sound mind and
	under no constraint or undue influence, and the testator was
	eighteen years of age or over or, if under that age, was or had been
	lawfully married, or was then a member of the armed forces of the
	United States, an auxiliary of the armed forces of the United
	States, or the United States Maritime Service.
	SECTION 25.  Section 257.051(a), Estates Code, is amended to
	read as follows:
	(a)  An application for the probate of a will as a muniment of
	title must state and aver the following to the extent each is known
	to the applicant or can, with reasonable diligence, be ascertained
	by the applicant:
	(1)  each applicant's name and domicile;
	(2)  the testator's name, domicile, and, if known, age,
	on the date of the testator's death;
	(3)  the fact, date [time], and place of the testator's
	death;
	(4)  facts showing that the court with which the
	application is filed has venue;
	(5)  that the testator owned property, including a
	statement generally describing the property and the property's
	probable value;
	(6)  the date of the will;
	(7)  the name, state of [and] residence, and physical
	address where service can be had of the [of:
	[(A)  any] executor named in the will;
	(8)  the name of [and
	[(B)]  each subscribing witness to the will, if
	any;
	(9) [(8)]  whether one or more children born to or
	adopted by the testator after the testator executed the will
	survived the testator and, if so, the name of each of those
	children;
	(10) [(9)]  that the testator's estate does not owe an
	unpaid debt, other than any debt secured by a lien on real estate;
	(11) [(10)]  whether a marriage of the testator was
	ever dissolved after the will was made and, if so, when and from
	whom; and
	(12) [(11)]  whether the state, a governmental agency
	of the state, or a charitable organization is named in the will as a
	devisee.
	SECTION 26.  Section 257.053, Estates Code, is amended to
	read as follows:
	Sec. 257.053.  ADDITIONAL APPLICATION REQUIREMENTS WHEN NO
	WILL IS PRODUCED.  In addition to the requirements for an
	application under Section 257.051, if an applicant for the probate
	of a will as a muniment of title cannot produce the will in court,
	the application must state:
	(1)  the reason the will cannot be produced;
	(2)  the contents of the will, to the extent known; and
	(3)  the name[, age, marital status,] and address, if
	known, whether the person is an adult or minor, and the relationship
	to the testator, if any, of:
	(A)  each devisee;
	(B)  each person who would inherit as an heir of
	the testator in the absence of a valid will; and
	(C)  in the case of partial intestacy, each heir
	of the testator.
	SECTION 27.  Section 301.002(a), Estates Code, is amended to
	read as follows:
	(a)  Except as provided by Subsection (b) and Section 501.006
	with respect to a foreign will, an application for the grant of
	letters testamentary or of administration of an estate must be
	filed not later than the fourth anniversary of the decedent's
	death.
	SECTION 28.  Section 301.051, Estates Code, is amended to
	read as follows:
	Sec. 301.051.  ELIGIBLE APPLICANTS FOR LETTERS. An executor
	named in a will, an independent administrator designated by all of
	the distributees of the decedent under Section 401.002(b) or
	401.003, or an interested person may file an application with the
	court for:
	(1)  the appointment of the executor named in the will;
	or
	(2)  the appointment of an administrator, if:
	(A)  there is a will, but:
	(i)  no executor is named in the will; or
	(ii)  the executor named in the will is
	disqualified, refuses to serve, is dead, or resigns; or
	(B)  there is no will.
	SECTION 29.  Section 301.052, Estates Code, is amended to
	read as follows:
	Sec. 301.052.  CONTENTS OF APPLICATION FOR LETTERS OF
	ADMINISTRATION. An application for letters of administration when
	no will is alleged to exist must state:
	(1)  the applicant's name, domicile, and, if any,
	relationship to the decedent;
	(2)  the decedent's name and that the decedent died
	intestate;
	(3)  the fact, date [time], and place of the decedent's
	death;
	(4)  facts necessary to show that the court with which
	the application is filed has venue;
	(5)  whether the decedent owned property and, if so,
	include a statement of the property's probable value;
	(6)  the name[, age, marital status,] and address, if
	known, whether the heir is an adult or minor, and the relationship
	to the decedent of each of the decedent's heirs;
	(7)  if known by the applicant at the time the applicant
	files the application, whether one or more children were born to or
	adopted by the decedent and, if so, the name, birth date, and place
	of birth of each child;
	(8)  if known by the applicant at the time the applicant
	files the application, whether the decedent was ever divorced and,
	if so, when and from whom;
	(9)  that a necessity exists for administration of the
	decedent's estate and an allegation of the facts that show that
	necessity; and
	(10)  that the applicant is not disqualified by law
	from acting as administrator.
	SECTION 30.  Section 301.151, Estates Code, is amended to
	read as follows:
	Sec. 301.151.  GENERAL PROOF REQUIREMENTS. An applicant for
	the issuance of letters testamentary or of administration of an
	estate must prove to the court's satisfaction that:
	(1)  the person whose estate is the subject of the
	application is dead;
	(2)  except as provided by Section 301.002(b) with
	respect to administration necessary to receive or recover property
	due a decedent's estate, and Section 501.006 with respect to a
	foreign will, four years have not elapsed since the date of the
	decedent's death and before the application;
	(3)  the court has jurisdiction and venue over the
	estate;
	(4)  citation has been served and returned in the
	manner and for the period required by this title; and
	(5)  the person for whom letters testamentary or of
	administration are sought is entitled by law to the letters and is
	not disqualified.
	SECTION 31.  Section 308.004(a), Estates Code, is amended to
	read as follows:
	(a)  Not later than the 90th day after the date of an order
	admitting a will to probate, the personal representative shall file
	with the clerk of the court in which the decedent's estate is
	pending a sworn affidavit of the representative or a certificate
	signed by the representative's attorney stating:
	(1)  for each beneficiary to whom notice was required
	to be given under this subchapter, the name [and address] of the
	beneficiary to whom the representative gave the notice or, for a
	beneficiary described by Section 308.002(b), the name [and address]
	of the beneficiary and of the person to whom the notice was given;
	(2)  the name [and address] of each beneficiary to whom
	notice was not required to be given under Section 308.002(c)(2),
	(3), or (4);
	(3)  the name of each beneficiary whose identity or
	address could not be ascertained despite the representative's
	exercise of reasonable diligence; and
	(4)  any other information necessary to explain the
	representative's inability to give the notice to or for any
	beneficiary as required by this subchapter.
	SECTION 32.  Section 309.001, Estates Code, is amended to
	read as follows:
	Sec. 309.001.  APPOINTMENT OF APPRAISERS.  (a)  At any time
	after letters testamentary or of administration are granted, the
	court, for good cause, on the court's own motion or on the motion of
	an interested person [party] shall appoint at least one but not more
	than three disinterested persons who are residents of the county in
	which the letters were granted to appraise the estate property.
	(b)  [At any time after letters testamentary or of
	administration are granted, the court, for good cause shown, on the
	court's own motion or on the motion of an interested person shall
	appoint at least one but not more than three disinterested persons
	who are residents of the county in which the letters were granted to
	appraise the estate property.
	[(c)]  If the court makes an appointment under Subsection (a)
	[or (b)] and part of the estate is located in a county other than the
	county in which the letters were granted, the court, if the court
	considers necessary, may appoint at least one but not more than
	three disinterested persons who are residents of the county in
	which the relevant part of the estate is located to appraise the
	estate property located in that county.
	SECTION 33.  Section 309.056, Estates Code, is amended by
	amending Subsections (b) and (c) and adding Subsection (b-1) to
	read as follows:
	(b)  Notwithstanding Sections 309.051 and 309.052, or any
	contrary provision in a decedent's will that does not specifically
	prohibit the filing of an affidavit described by this subsection,
	if there are no unpaid debts, except for secured debts, taxes, and
	administration expenses, at the time the inventory is due,
	including any extensions, an independent executor may file with the
	court clerk, in lieu of the inventory, appraisement, and list of
	claims, an affidavit stating that all debts, except for secured
	debts, taxes, and administration expenses, are paid and that all
	beneficiaries other than those described by Subsection (b-1) have
	received a verified, full, and detailed inventory and appraisement.
	The affidavit in lieu of the inventory, appraisement, and list of
	claims must be filed within the 90-day period prescribed by Section
	309.051(a), unless the court grants an extension.
	(b-1)  Absent a written request by a beneficiary, an
	independent executor is not required to provide a verified, full,
	and detailed inventory and appraisement to a beneficiary who:
	(1)  is entitled to receive aggregate devises under the
	will with an estimated value of $2,000 or less;
	(2)  has received all devises to which the beneficiary
	is entitled under the will on or before the date an affidavit under
	this section is filed; or
	(3)  has waived in writing the beneficiary's right to
	receive a verified, full, and detailed inventory and appraisement.
	(c)  If the independent executor files an affidavit in lieu
	of the inventory, appraisement, and list of claims as authorized
	under Subsection (b):
	(1)  any person interested in the estate, including a
	possible heir of the decedent, [or] a beneficiary under a prior will
	of the decedent, or a beneficiary described by Subsection (b-1), is
	entitled to receive a copy of the inventory, appraisement, and list
	of claims from the independent executor on written request;
	(2)  the independent executor may provide a copy of the
	inventory, appraisement, and list of claims to any person the
	independent executor believes in good faith may be a person
	interested in the estate without liability to the estate or its
	beneficiaries; and
	(3)  a person interested in the estate may apply to the
	court for an order compelling compliance with Subdivision (1), and
	the court, in its discretion, may compel the independent executor
	to provide a copy of the inventory, appraisement, and list of claims
	to the interested person or may deny the application.
	SECTION 34.  Section 352.052(b), Estates Code, is amended to
	read as follows:
	(b)  A person designated as a devisee in or beneficiary of a
	will or an alleged will[, or as administrator with the will or
	alleged will annexed,] who, for the purpose of having the will or
	alleged will admitted to probate, defends the will or alleged will
	or prosecutes any proceeding in good faith and with just cause,
	whether or not successful, may be allowed out of the estate the
	person's necessary expenses and disbursements in those
	proceedings, including reasonable attorney's fees.
	SECTION 35.  Sections 353.051(a) and (b), Estates Code, are
	amended to read as follows:
	(a)  Unless an application and verified affidavit are filed
	as provided by Subsection (b), immediately after the inventory,
	appraisement, and list of claims of an estate are approved or after
	the affidavit in lieu of the inventory, appraisement, and list of
	claims is filed, the court by order shall set aside:
	(1)  the homestead for the use and benefit of the
	decedent's surviving spouse and minor children; and
	(2)  all other exempt [estate] property described by
	Section 42.002(a), Property Code, [that is exempt from execution or
	forced sale by the constitution and laws of this state] for the use
	and benefit of the decedent's:
	(A)  surviving spouse and minor children;
	(B)  unmarried adult children remaining with the
	decedent's family; and
	(C)  each other adult child who is incapacitated.
	(b)  Before the inventory, appraisement, and list of claims
	of an estate are approved or, if applicable, before the affidavit in
	lieu of the inventory, appraisement, and list of claims is filed:
	(1)  the decedent's surviving spouse or any other
	person authorized to act on behalf of the decedent's minor children
	may apply to the court to have exempt property described by
	Subsection (a), including the homestead, set aside by filing an
	application and a verified affidavit listing all exempt property
	that the applicant claims is exempt property described by
	Subsection (a); and
	(2)  any of the decedent's unmarried adult children
	remaining with the decedent's family, any other adult child of the
	decedent who is incapacitated, or a person who is authorized to act
	on behalf of the adult incapacitated child may apply to the court to
	have all exempt property described by Subsection (a), other than
	the homestead, set aside by filing an application and a verified
	affidavit listing all the exempt property, other than the
	homestead, that the applicant claims is exempt property described
	by Subsection (a).
	SECTION 36.  Section 353.052, Estates Code, is amended by
	amending Subsection (a) and adding Subsection (a-1) to read as
	follows:
	(a)  This section only applies to exempt property described
	by Section 353.051(a).
	(a-1)  The executor or administrator of an estate shall
	deliver, without delay, exempt property that has been set aside for
	the decedent's surviving spouse and children in accordance with
	this section.
	SECTION 37.  Section 353.053(a), Estates Code, is amended to
	read as follows:
	(a)  If all or any of the specific articles of exempt
	property described by Section 353.051(a) [from execution or forced
	sale by the constitution and laws of this state] are not among the
	decedent's effects, the court shall make, in lieu of the articles
	not among the effects, a reasonable allowance to be paid to the
	decedent's surviving spouse and children as provided by Section
	353.054.
	SECTION 38.  Sections 353.153 and 353.154, Estates Code, are
	amended to read as follows:
	Sec. 353.153.  TITLE TO PROPERTY OF INSOLVENT ESTATE. If on
	final settlement an estate proves to be insolvent, the decedent's
	surviving spouse and children have absolute title to all property
	and allowances set aside or paid to them under this title.  The
	distributees are entitled to distribution of any remaining exempt
	property held by the executor or administrator in the same manner as
	other estate property. The property and allowances set aside or
	paid to the decedent's surviving spouse or children, and any
	remaining exempt property held by the executor or administrator,
	may not be taken for any of the estate debts except as provided by
	Section 353.155.
	Sec. 353.154.  CERTAIN PROPERTY NOT CONSIDERED IN
	DETERMINING SOLVENCY. In determining whether an estate is solvent
	or insolvent, the exempt property set aside for the decedent's
	surviving spouse or children, any allowance made in lieu of that
	exempt property, [and] the family allowance under Subchapter C, and
	any remaining exempt property held by the executor or administrator
	may not be estimated or considered as estate assets.
	SECTION 39.  Subchapter D, Chapter 355, Estates Code, is
	amended by adding Section 355.1551 to read as follows:
	Sec. 355.1551.  CLAIM HOLDER DUTY TO POSSESS OR SELL WITHIN
	REASONABLE TIME. (a)  A claim holder of a claim allowed and
	approved under Section 355.151(a)(2) who elects to take possession
	or sell the property securing the debt before final maturity in
	satisfaction of the claim holder's claim must do so within a
	reasonable time, as determined by the court.
	(b)  If the claim holder fails to take possession or sell
	secured property within a reasonable time under Subsection (a), on
	application by the personal representative, the court may require
	the sale of the property free of the lien and apply the proceeds to
	the payment of the whole debt.
	(c)  This section does not apply to an estate administered as
	an independent administration under Subtitle I.
	SECTION 40.  Section 401.002, Estates Code, is amended to
	read as follows:
	Sec. 401.002.  CREATION IN TESTATE ESTATE BY AGREEMENT.
	(a)  Except as provided in Section 401.001(b), if a decedent's will
	names an executor but the will does not provide for independent
	administration as provided in Section 401.001(a), all of the
	distributees of the decedent may agree on the advisability of
	having an independent administration and collectively designate in
	the application for probate of the decedent's will, or in one or
	more separate documents consenting to the application for probate
	of the decedent's will, the executor named in the will to serve as
	independent executor and request [in the application] that no other
	action shall be had in the probate court in relation to the
	settlement of the decedent's estate other than the probating and
	recording of the decedent's will and the return of an inventory,
	appraisement, and list of claims of the decedent's estate. In such
	case the probate court shall enter an order granting independent
	administration and appointing the person, firm, or corporation
	designated by the distributees [in the application] as independent
	executor, unless the court finds that it would not be in the best
	interest of the estate to do so.
	(b)  Except as provided in Section 401.001(b), in situations
	where no executor is named in the decedent's will, or in situations
	where each executor named in the will is deceased or is disqualified
	to serve as executor or indicates by affidavit filed with the
	application for administration of the decedent's estate the
	executor's inability or unwillingness to serve as executor, all of
	the distributees of the decedent may agree on the advisability of
	having an independent administration and collectively designate in
	the application for probate of the decedent's will, or in one or
	more separate documents consenting to the application for probate
	of the decedent's will, a qualified person, firm, or corporation to
	serve as independent administrator and request [in the application]
	that no other action shall be had in the probate court in relation
	to the settlement of the decedent's estate other than the probating
	and recording of the decedent's will and the return of an inventory,
	appraisement, and list of claims of the decedent's estate. In such
	case the probate court shall enter an order granting independent
	administration and appointing the person, firm, or corporation
	designated by the distributees [in the application] as independent
	administrator, unless the court finds that it would not be in the
	best interest of the estate to do so.
	SECTION 41.  Section 401.003(a), Estates Code, is amended to
	read as follows:
	(a)  All of the distributees of a decedent dying intestate
	may agree on the advisability of having an independent
	administration and collectively designate in the application for
	administration of the decedent's estate, or in one or more
	documents consenting to the application for administration of the
	decedent's estate, a qualified person, firm, or corporation to
	serve as independent administrator and request [in the application]
	that no other action shall be had in the probate court in relation
	to the settlement of the decedent's estate other than the return of
	an inventory, appraisement, and list of claims of the decedent's
	estate. In such case the probate court shall enter an order
	granting independent administration and appointing the person,
	firm, or corporation designated by the distributees [in the
	application] as independent administrator, unless the court finds
	that it would not be in the best interest of the estate to do so.
	SECTION 42.  Sections 401.004(c) and (h), Estates Code, are
	amended to read as follows:
	(c)  If a distributee is an incapacitated person, the
	guardian of the person of the distributee may consent to the
	creation of an independent administration [sign the application] on
	behalf of the distributee. If the probate court finds that either
	the granting of independent administration or the appointment of
	the person, firm, or corporation designated by the distributees [in
	the application] as independent executor would not be in the best
	interest of the incapacitated person, then, notwithstanding
	anything to the contrary in Section 401.002 or 401.003, the court
	may not enter an order granting independent administration of the
	estate. If a distributee who is an incapacitated person has no
	guardian of the person, the probate court may appoint a guardian ad
	litem to act [make application] on behalf of the incapacitated
	person if the court considers such an appointment necessary to
	protect the interest of the distributees. Alternatively, if the
	distributee who is an incapacitated person is a minor and has no
	guardian of the person, the natural guardian or guardians of the
	minor may consent on the minor's behalf if there is no conflict of
	interest between the minor and the natural guardian or guardians.
	(h)  If a distributee of a decedent's estate dies and if by
	virtue of the distributee's death the distributee's share of the
	decedent's estate becomes payable to the distributee's estate, the
	deceased distributee's personal representative may consent to the
	[sign the application for] independent administration of the
	decedent's estate under Section 401.002 or 401.003 and under
	Subsection (c).
	SECTION 43.  Section 401.006, Estates Code, is amended to
	read as follows:
	Sec. 401.006.  GRANTING POWER OF SALE BY AGREEMENT. In a
	situation in which a decedent does not have a will, or a decedent's
	will does not contain language authorizing the personal
	representative to sell property or contains language that is not
	sufficient to grant the representative that authority, the court
	may include in an order appointing an independent executor [under
	Section 401.002 or 401.003] any general or specific authority
	regarding the power of the independent executor to sell property
	that may be consented to by the beneficiaries who are to receive any
	interest in the property in the application for independent
	administration or for the appointment of an independent executor or
	in their consents to the independent administration or to the
	appointment of an independent executor. The independent executor,
	in such event, may sell the property under the authority granted in
	the court order without the further consent of those beneficiaries.
	SECTION 44.  Section 452.051(a), Estates Code, is amended to
	read as follows:
	(a)  If a contest related to probating a will or granting
	letters testamentary or of administration is pending, the court may
	appoint a temporary administrator, with powers limited as the
	circumstances of the case require.
	SECTION 45.  Subtitle J, Title 2, Estates Code, is amended by
	adding Chapter 456 to read as follows:
	CHAPTER 456. DISBURSEMENT AND CLOSING OF LAWYER TRUST OR ESCROW
	ACCOUNTS
	Sec. 456.001.  DEFINITION. In this chapter, "eligible
	institution" means a financial institution or investment company in
	which a lawyer has established an escrow or trust account for
	purposes of holding client funds or the funds of third persons that
	are in the lawyer's possession in connection with representation as
	required by the Texas Disciplinary Rules of Professional Conduct.
	Sec. 456.002.  AUTHORITY TO DESIGNATE LAWYER ON CERTAIN
	TRUST OR ESCROW ACCOUNTS. (a)  When administering the estate of a
	deceased lawyer who established one or more trust or escrow
	accounts for client funds or the funds of third persons that are in
	the lawyer's possession in connection with representation as
	required by the Texas Disciplinary Rules of Professional Conduct,
	the personal representative may hire through written agreement a
	lawyer authorized to practice in this state to:
	(1)  be the authorized signer on the trust or escrow
	account;
	(2)  determine who is entitled to receive the funds in
	the account;
	(3)  disburse the funds to the appropriate persons or
	to the decedent's estate; and
	(4)  close the account.
	(b)  If the personal representative is a lawyer authorized to
	practice in this state, the personal representative may state that
	fact and disburse the trust or escrow account funds of a deceased
	lawyer in accordance with Subsection (a).
	(c)  An agreement under Subsection (a) or a statement under
	Subsection (b) must be made in writing, and a copy of the agreement
	or statement must be delivered to each eligible institution in
	which the trust or escrow accounts were established.
	Sec. 456.003.  DUTY OF ELIGIBLE INSTITUTIONS. Within a
	reasonable time after receiving a copy of a written agreement under
	Section 456.002(a) or a statement from a personal representative
	under Section 456.002(b) and instructions from the lawyer
	identified in the agreement or statement, as applicable, regarding
	how to disburse the funds or close a trust or escrow account, an
	eligible institution shall disburse the funds and close the account
	in compliance with the instructions.
	Sec. 456.004.  LIABILITY OF ELIGIBLE INSTITUTIONS. An
	eligible institution is not liable for any act respecting an
	account taken in compliance with this chapter.
	Sec. 456.005.  RULES. The supreme court may adopt rules
	regarding the administration of funds in a trust or escrow account
	subject to this chapter.
	SECTION 46.  Section 501.001, Estates Code, is amended to
	read as follows:
	Sec. 501.001.  AUTHORITY FOR ANCILLARY PROBATE OF FOREIGN
	WILL. The written will of a testator who was not domiciled in this
	state at the time of the testator's death may be admitted to probate
	at any time in this state if:
	(1)  the will would affect any property in this state;
	and
	(2)  proof is presented that the will stands probated
	or otherwise established in any state of the United States or a
	foreign nation.
	SECTION 47.  Section 501.006(a), Estates Code, is amended to
	read as follows:
	(a)  On application, an executor named in a foreign will
	admitted to ancillary probate in this state in accordance with this
	chapter is entitled to receive ancillary letters testamentary on
	proof made to the court that:
	(1)  the executor has qualified to serve as executor in
	the jurisdiction in which the will was previously admitted to
	probate or otherwise established; [and]
	(2)  the executor is not disqualified from serving in
	that capacity in this state; and
	(3)  if the will is admitted to ancillary probate in
	this state after the fourth anniversary of the testator's death,
	the executor continues to serve in that capacity in the
	jurisdiction in which the will was previously admitted to probate
	or otherwise established.
	SECTION 48.  The addition by this Act of Section 255.304,
	Estates Code, and the amendment by this Act of Sections 113.004(4),
	251.1045(a), 253.001(b) and (c), 254.005, 256.003(a), 353.051(a)
	and (b), 353.052, 353.053(a), 353.153, 353.154, 452.051(a), and
	501.001, Estates Code, is intended to clarify rather than change
	existing law.
	SECTION 49.  Section 113.152(c), Estates Code, as added by
	this Act, applies to a P.O.D. account held by a financial
	institution on or after the effective date of this Act, regardless
	of the date on which the account was opened.
	SECTION 50.  Sections 201.051, 201.052, 201.056,
	308.004(a), 309.056, and 352.052(b), Estates Code, as amended by
	this Act, and Section 251.053 and Subchapter I, Chapter 255,
	Estates Code, as added by this Act, apply only to the estate of a
	decedent who dies on or after the effective date of this Act.  The
	estate of a decedent who dies before the effective date of this Act
	is governed by the law in effect on the date of the decedent's
	death, and the former law is continued in effect for that purpose.
	SECTION 51.  Sections 123.001 and 123.052(a), Estates Code,
	as amended by this Act, and Subchapter D, Chapter 123, Estates Code,
	as added by this Act, apply only to an individual whose marriage is
	dissolved on or after the effective date of this Act.
	SECTION 52.  Sections 202.005, 202.055, 202.056,
	202.201(a), and 257.053, Estates Code, as amended by this Act,
	apply to an action filed or other proceeding commenced on or after
	the effective date of this Act.  An action filed or other proceeding
	commenced before that date is governed by the law in effect on the
	date the action was filed or the proceeding was commenced, and the
	former law is continued in effect for that purpose.
	SECTION 53.  Subchapter J, Chapter 255, Section 355.1551,
	and Chapter 456, Estates Code, as added by this Act, and Sections
	309.001, 401.002, 401.003(a), 401.004(c) and (h), and 401.006,
	Estates Code, as amended by this Act, apply to the administration of
	the estate of a decedent that is pending or commenced on or after
	the effective date of this Act.
	SECTION 54.  Sections 256.003(b), 256.051(a), 256.052(a),
	256.054, 256.152(b) and (c), 257.051(a), 301.002(a), 301.051,
	301.052, 301.151, and 501.006(a), Estates Code, as amended by this
	Act, apply only to an application for the probate of a will or
	administration of a decedent's estate that is filed on or after the
	effective date of this Act.  An application for the probate of a
	will or administration of a decedent's estate filed before that
	date is governed by the law in effect on the date the application
	was filed, and the former law is continued in effect for that
	purpose.
	SECTION 55.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 995 passed the Senate on
	April 30, 2015, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 30, 2015, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 995 passed the House, with
	amendment, on May 27, 2015, by the following vote: Yeas 142,
	Nays 2, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor