88R19413 KFF-F     By: Hughes S.B. No. 1373     (Smithee)     Substitute the following for S.B. No. 1373:  No.       A BILL TO BE ENTITLED   AN ACT   relating to decedents' estates and the delivery of certain notices   or other communications in connection with those estates or   multiple-party accounts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 22, Estates Code, is amended by adding   Section 22.0295 to read as follows:          Sec. 22.0295.  QUALIFIED DELIVERY METHOD. "Qualified   delivery method" means delivery by:                (1)  hand delivery by courier, with courier's proof of   delivery receipt;                (2)  certified or registered mail, return receipt   requested, with return receipt; or                (3)  a private delivery service designated as a   designated delivery service by the United States Secretary of the   Treasury under Section 7502(f)(2), Internal Revenue Code of 1986,   with proof of delivery receipt.          SECTION 2.  The heading to Section 51.052, Estates Code, is   amended to read as follows:          Sec. 51.052.  SERVICE BY MAIL OR PRIVATE DELIVERY.          SECTION 3.  Sections 51.052(b), (c), (d), (e), (f), and (g),   Estates Code, are amended to read as follows:          (b)  Except as provided by Subsection (c), the county clerk   shall issue a citation or notice required or permitted to be served   by a qualified delivery method [registered or certified mail] and   shall serve the citation or notice by sending [mailing] the   original citation or notice by a qualified delivery method   [registered or certified mail].          (c)  A personal representative shall issue a notice required   to be given by the representative by a qualified delivery method   [registered or certified mail] and shall serve the notice by   sending [mailing] the original notice by a qualified delivery   method [registered or certified mail].          (d)  The county clerk or personal representative, as   applicable, shall send [mail] a citation or notice under Subsection   (b) or (c) with an instruction to deliver the citation or notice to   the addressee only and with return receipt or other proof of   delivery requested.  The clerk or representative, as applicable,   shall address the envelope containing the citation or notice to:                (1)  the attorney of record in the proceeding for the   person to be cited or notified; or                (2)  the person to be cited or notified, if the citation   or notice to the attorney is returned undelivered or the person to   be cited or notified has no attorney of record in the proceeding.          (e)  Service by a qualified delivery method [mail] shall be   made at least 20 days before the return day of the service,   excluding the date of service.  The date of service [by mail] is the   date of mailing, the date of deposit with the private delivery   service, or the date of delivery by the courier, as applicable.          (f)  A copy of a citation or notice served under Subsection   (a), (b), or (c), together with a certificate of the person serving   the citation or notice showing that the citation or notice was sent   [mailed] and the date of the mailing, date of deposit with a private   delivery service, or date of delivery by courier, as applicable,   shall be filed and recorded.  A returned receipt or proof of   delivery receipt for a citation or notice served under Subsection   (b) or (c) shall be attached to the certificate.          (g)  If a citation or notice served by a qualified delivery   method [mail] is returned undelivered, a new citation or notice   shall be issued.  Service of the new citation or notice must be made   by posting.          SECTION 4.  Section 51.055(a), Estates Code, is amended to   read as follows:          (a)  If a party is represented by an attorney of record in a   probate proceeding, each citation or notice required to be served   on the party in that proceeding shall be served instead on that   attorney.  A notice under this subsection may be served by delivery   to the attorney in person or by a qualified delivery method   [registered or certified mail].          SECTION 5.  Section 51.056, Estates Code, is amended to read   as follows:          Sec. 51.056.  SERVICE ON PERSONAL REPRESENTATIVE OR   RECEIVER. Unless this title expressly provides for another method   of service, the county clerk who issues a citation or notice   required to be served on a personal representative or receiver   shall serve the citation or notice by sending [mailing] the   original citation or notice by a qualified delivery method   [registered or certified mail] to:                (1)  the representative's or receiver's attorney of   record; or                (2)  the representative or receiver, if the   representative or receiver does not have an attorney of record.          SECTION 6.  Section 51.103(b), Estates Code, is amended to   read as follows:          (b)  Proof of service consists of:                (1)  if the service is made by a sheriff or constable,   the return of service;                (2)  if the service is made by a private person, the   person's affidavit;                (3)  if the service is made by a qualified delivery   method [mail]:                      (A)  the certificate of the county clerk making   the service, or the affidavit of the personal representative or   other person making the service, stating that the citation or   notice was mailed, deposited with a private delivery service, or   delivered by courier, as applicable, and the date of the mailing or   deposit with the delivery service or the date of the courier   delivery, as applicable; and                      (B)  the return receipt or other proof of delivery   receipt attached to the certificate or affidavit, as applicable, if   the sending [mailing] was by a qualified delivery method   [registered or certified mail] and a receipt is available [has been   returned]; and                (4)  if the service is made by publication:                      (A)  a statement:                            (i)  made by the Office of Court   Administration of the Texas Judicial System or an employee of the   office;                            (ii)  that contains or to which is attached a   copy of the published citation or notice; and                            (iii)  that states the date of publication   on the public information Internet website maintained as required   by Section 72.034, Government Code[, as added by Chapter 606 (S.B.   891), Acts of the 86th Legislature, Regular Session, 2019]; and                      (B)  an affidavit:                            (i)  made by the publisher of the newspaper   in which the citation or notice was published or an employee of the   publisher;                            (ii)  that contains or to which is attached a   copy of the published citation or notice; and                            (iii)  that states the date of publication   printed on the newspaper in which the citation or notice was   published.          SECTION 7.  Section 56.002(b), Estates Code, is amended to   read as follows:          (b)  The resident agent shall send, by a qualified delivery   method [certified mail, return receipt requested], a copy of a   resignation statement filed under Subsection (a) to:                (1)  the personal representative at the address most   recently known by the resident agent; and                (2)  each party in the case or the party's attorney or   other designated representative of record.          SECTION 8.  The heading to Section 101.052, Estates Code, is   amended to read as follows:          Sec. 101.052.  LIABILITY OF COMMUNITY PROPERTY FOR DEBTS [   OF   DECEASED SPOUSE].                    SECTION 9.  Section 101.052, Estates Code, is amended by   amending Subsections (a) and (b) and adding Subsection (a-1) to   read as follows:                    (a)  The community property that was by law under [subject   to] the sole management, control, and disposition of a spouse or   under the joint management, control, and disposition of the spouses   [a spouse] during marriage continues to be subject to the   liabilities of that spouse on the death of either spouse.                    (a-1)  The undivided one-half interest that the surviving   spouse owned in community property that was by law under the sole   management, control, and disposition of the deceased spouse during   marriage is subject to the liabilities of the surviving spouse on   the death of the deceased spouse.           (b)  The undivided one-half interest that the deceased   spouse owned in [any other nonexempt] community property that was   by law under the sole management, control, and disposition of the   surviving spouse during marriage passes to the deceased spouse's   heirs or devisees charged with the liabilities of [debts that were   enforceable against] the deceased spouse [before death].          SECTION 10.  Sections 113.001(1) and (8), Estates Code, are   amended to read as follows:                (1)  "Account" means a contract of deposit of funds or   securities between a depositor and a financial institution.  The   term includes:                      (A)  an account with cash deposits, including a   checking account, savings account, certificate of deposit, and   share account;                      (B)  an account holding securities, including   stocks, bonds, and mutual funds; and                      (C)  another [, or other] similar arrangement.                (8)  "Sums on deposit" means the balance payable or   transferable on a multiple-party account including cash, interest,   dividends, any type of securities, including stocks, bonds, and   mutual funds, and any deposit of life insurance proceeds added to   the account by reason of the death of a party.          SECTION 11.  Section 113.251(c), Estates Code, is amended to   read as follows:          (c)  Not later than the 30th day after the date a security   interest on a multiple-party account is perfected, a secured   creditor that is a financial institution with accounts insured by   the Federal Deposit Insurance Corporation shall provide written   notice of the pledge of the account to any other party to the   account who did not create the security interest.  The notice must   be sent by a qualified delivery method [certified mail] to each   other party at the last address the party provided to the depository   bank.          SECTION 12.  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 and place of death;                (2)  the names and physical addresses where service can   be had 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 or place of the decedent's death or the   name or physical address where service can be had 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 or place of   the decedent's death or the name or physical address where service   can be had 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, as   applicable:                      (A)  belonging to the decedent's estate that is   subject to distribution under a judgment in the proceeding; or                      (B)  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 13.  Section 202.051, Estates Code, is amended to   read as follows:          Sec. 202.051.  SERVICE OF CITATION BY QUALIFIED DELIVERY   METHOD [MAIL] WHEN RECIPIENT'S NAME AND ADDRESS ARE KNOWN OR   ASCERTAINABLE. Except as provided by Section 202.054, citation in   a proceeding to declare heirship must be served by a qualified   delivery method [registered or certified mail] on:                (1)  each distributee who is 12 years of age or older   and whose name and address are known or can be ascertained through   the exercise of reasonable diligence; and                (2)  the parent, managing conservator, or guardian of   each distributee who is younger than 12 years of age if the name and   address of the parent, managing conservator, or guardian are known   or can be reasonably ascertained.          SECTION 14.  Section 202.056, Estates Code, is amended to   read as follows:          Sec. 202.056.  WAIVER OF SERVICE OF CITATION. (a) A [Except   as provided by Subsection (b)(2), a] distributee who is 16 years of   age or older 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 is younger   than 16 years of age may [:                [(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 15.  Section 202.151, Estates Code, is amended by   amending Subsections (b) and (c) and adding Subsection (d) to read   as follows:          (b)  Except as provided by Subsection (c), in a proceeding to   declare heirship, testimony regarding a decedent's heirs and family   history must be taken:                (1)  from two disinterested and credible witnesses in   open court;                (2)  [,] by deposition in accordance with Section   51.203;                (3)  by a recorded statement of facts contained in:                      (A)  an affidavit or instrument that satisfies the   requirements of Section 203.001; or                      (B)  a judgment of a court of record as specified   by Section 203.001(a)(1)(B); [,] or                (4)  in accordance with the Texas Rules of Civil   Procedure.          (c)  If it is shown to the court's satisfaction in a   proceeding to declare heirship that, after a diligent search was   made, only one disinterested and credible witness can be found who   can make the required proof in the proceeding, the testimony of that   witness must be taken:                (1)  in open court;                (2)  [,] by deposition in accordance with Section   51.203;                (3)  by a recorded statement of facts contained in:                      (A)  an affidavit or instrument that satisfies the   requirements of Section 203.001; or                       (B)  a judgment of a court of record as specified   by Section 203.001(a)(1)(B); [,] or                (4)  in accordance with the Texas Rules of Civil   Procedure.          (d)  Notwithstanding any other law, a person interested in an   estate solely because the person is a creditor or has a claim   against the estate may serve as a witness under this section if the   person is otherwise a credible witness.          SECTION 16.  Section 202.203, Estates Code, is amended to   read as follows:          Sec. 202.203.  CORRECTION OF JUDGMENT AT REQUEST OF HEIR NOT   PROPERLY SERVED. If an heir of a decedent who is the subject of a   proceeding to declare heirship is not served with citation by a   qualified delivery method [registered or certified mail] or   personal service in the proceeding, the heir may:                (1)  have the judgment in the proceeding corrected by   bill of review:                      (A)  at any time, but not later than the fourth   anniversary of the date of the judgment; or                      (B)  after the passage of any length of time, on   proof of actual fraud; and                (2)  recover the heir's just share of the property or   the value of that share from:                      (A)  the heirs named in the judgment; and                      (B)  those who claim under the heirs named in the   judgment and who are not bona fide purchasers for value.          SECTION 17.  Section 251.053, Estates Code, is amended to   read as follows:          Sec. 251.053.  EXCEPTION FOR FOREIGN AND CERTAIN OTHER   WILLS.  A [Section 251.051 does not apply to a] written will does   not need to meet the requirements of Section 251.051 if the will is   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 18.  Section 258.002, Estates Code, is amended by   adding Subsections (d) and (e) to read as follows:          (d)  An heir who is 16 years of age or older may waive   citation required by this section to be served on the heir.           (e)  The parent, managing conservator, guardian, attorney ad   litem, or guardian ad litem of an heir who is younger than 16 years   of age may waive citation required by this section to be served on   the heir.           SECTION 19.  Section 304.003, Estates Code, is amended to   read as follows:          Sec. 304.003.  PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR   ADMINISTRATOR.  A person is not qualified to serve as an executor   or administrator if the person is:                (1)  incapacitated;                (2)  a felon convicted under the laws of the United   States or of any state of the United States unless:[,]                      (A)  in accordance with law, the person has been   pardoned or has had the person's civil rights restored; or                      (B)  all of the distributees of the decedent agree   on and collectively designate the person to serve as executor or   administrator of the decedent's estate and acknowledge the   conviction in:                            (i)  an application for probate of the   decedent's will;                            (ii)  an application for letters   testamentary or of administration of the decedent's estate; or                            (iii)  one or more separate documents   consenting to an application;                (3)  a nonresident of this state who:                      (A)  is a natural person or corporation; and                      (B)  has not:                            (i)  appointed a resident agent to accept   service of process in all actions or proceedings with respect to the   estate; or                            (ii)  had that appointment filed with the   court;                (4)  a corporation not authorized to act as a fiduciary   in this state; or                (5)  a person whom the court finds unsuitable.          SECTION 20.  Section 305.001, Estates Code, is amended to   read as follows:          Sec. 305.001.  DEFINITIONS. In this chapter:                (1)  "Bond" means a bond required by this chapter to be   given by a person appointed to serve as a personal representative.                (2)  "Declaration" means a written declaration that may   be made and signed by a person appointed to serve as a personal   representative.                (3)  "Oath" means an oath that may [required by this   chapter to] be taken by a person appointed to serve as a personal   representative.          SECTION 21.  Section 305.002, Estates Code, is amended to   read as follows:          Sec. 305.002.  MANNER OF QUALIFICATION OF PERSONAL   REPRESENTATIVE. (a)  A personal representative, other than an   executor described by Subsection (b), is considered to have   qualified when the representative has:                (1)  taken and filed the oath prescribed by Subchapter   B or made, signed, and filed the declaration prescribed by   Subchapter B;                (2)  filed the required bond with the clerk; and                (3)  obtained the judge's approval of the bond.          (b)  An executor who is not required to give a bond is   considered to have qualified when the executor has taken and filed   the oath prescribed by Subchapter B or made, signed, and filed the   declaration prescribed by Subchapter B.          SECTION 22.  Section 305.003, Estates Code, is amended to   read as follows:          Sec. 305.003.  PERIOD FOR TAKING OATH OR MAKING AND SIGNING   DECLARATION.  An oath may be taken and subscribed or a declaration   may be made and signed at any time before:                (1)  the 21st day after the date of the order granting   letters testamentary or of administration, as applicable; or                (2)  the letters testamentary or of administration, as   applicable, are revoked for a failure to qualify within the period   allowed.          SECTION 23.  The heading to Subchapter B, Chapter 305,   Estates Code, is amended to read as follows:   SUBCHAPTER B. OATHS OR DECLARATIONS          SECTION 24.  Section 305.051, Estates Code, is amended to   read as follows:          Sec. 305.051.  OATH OR DECLARATION OF EXECUTOR OR   ADMINISTRATOR WITH WILL ANNEXED. (a) Before the issuance of   letters testamentary or letters of administration with the will   annexed, the person named as executor or appointed as administrator   with the will annexed shall:                (1)  take and subscribe an oath as prescribed by   Subsection (b); or                (2)  make and sign a declaration as prescribed by   Subsection (c).          (b)  If the person named as executor or appointed as   administrator with the will annexed elects to take an oath under   this section, the person shall take and subscribe an oath in   substantially the following form:          I do solemnly swear that the writing offered for probate is   the last will of ________ (insert name of testator), so far as I   know or believe, and that I will well and truly perform all the   duties of __________ (insert "executor of the will" or   "administrator with the will annexed," as applicable) for the   estate of _______ (insert name of testator).          (c)  If the person named as executor or appointed as   administrator with the will annexed elects to make a declaration   under this section, the person shall make and sign a declaration in   substantially the following form:           My name is ________ (insert name of "executor of the will" or   "administrator with the will annexed" as it appears on the order   appointing the person as executor or administrator with the will   annexed), my date of birth is ________ (insert date of birth of   "executor of the will" or "administrator with the will annexed," as   applicable), and my address is ________ (insert street, city,   state, zip code, and country of "executor of the will" or   "administrator with the will annexed," as applicable). I declare   under penalty of perjury that the writing offered for probate is the   last will of ________ (insert name of testator), so far as I know or   believe. I also solemnly declare that I will well and truly perform   all the duties of ________ (insert "executor of will" or   "administrator with the will annexed," as applicable) for the   estate of ________ (insert name of testator).           SECTION 25.  Section 305.052, Estates Code, is amended to   read as follows:          Sec. 305.052.  OATH OR DECLARATION OF ADMINISTRATOR. (a)   Before the issuance of letters of administration, the person   appointed as administrator shall:                (1)  take and subscribe an oath as prescribed by   Subsection (b); or                (2)  make and sign a declaration as prescribed by   Subsection (c).           (b)  If the person appointed as administrator elects to take   an oath under this section, the person shall take and subscribe an   oath in substantially the following form:          I do solemnly swear that ___________ (insert name of   decedent), deceased, died _______ (insert "without leaving any   lawful will" or "leaving a lawful will, but the executor named in   the will is dead or has failed to offer the will for probate or to   accept and qualify as executor, within the period required," as   applicable), so far as I know or believe, and that I will well and   truly perform all the duties of administrator of the estate of   ________ (insert name of testator) [the deceased].          (c)  If the person appointed as administrator elects to make   a declaration under this section, the person shall make and sign a   declaration in substantially the following form:          My name is ________ (insert name of administrator as it   appears on the order appointing the person as administrator), my   date of birth is ________ (insert date of birth of   "administrator"), and my address is ________ (insert street, city,   state, zip code, and country of "administrator"). I declare under   penalty of perjury that ________ (insert name of decedent),   deceased, died ________ (insert "without leaving any lawful will"   or "leaving a lawful will, but the executor named in the will is   dead or has failed to offer the will for probate or to accept and   qualify as executor, within the period required," as applicable),   so far as I know or believe. I also solemnly declare that I will well   and truly perform all the duties of administrator of the estate of   ________ (insert name of decedent).           SECTION 26.  Section 305.053, Estates Code, is amended to   read as follows:          Sec. 305.053.  OATH OR DECLARATION OF TEMPORARY   ADMINISTRATOR. (a) Before the issuance of temporary letters of   administration, the person appointed as temporary administrator   shall:                (1)  take and subscribe an oath as prescribed by   Subsection (b); or                (2)  make and sign a declaration as prescribed by   Subsection (c).           (b)  If the person appointed as temporary administrator   elects to take an oath under this section, the person shall take and   subscribe an oath in substantially the following form:          I do solemnly swear that I will well and truly perform the   duties of temporary administrator of the estate of __________   (insert name of decedent), deceased, in accordance with the law,   and with the order of the court appointing me as temporary   administrator.          (c)  If the person appointed as temporary administrator   elects to make a declaration under this section, the person shall   make and sign a declaration in substantially the following form:           My name is _______ (insert name of temporary administrator as   it appears on the order appointing the person as temporary   administrator), my date of birth is _______ (insert date of birth of   "temporary administrator"), and my address is _______ (insert   street, city, state, zip code, and country of "temporary   administrator"). I solemnly declare that I will well and truly   perform all the duties of temporary administrator of the estate of   _______ (insert name of decedent), in accordance with the law, and   with the order of the court appointing me as temporary   administrator.          SECTION 27.  Section 305.055, Estates Code, is amended to   read as follows:          Sec. 305.055.  FILING AND RECORDING OF OATH OR   DECLARATION.  An oath or declaration shall be:                (1)  filed with the clerk of the court granting the   letters testamentary or of administration, as applicable; and                (2)  recorded in the judge's probate docket.          SECTION 28.  Section 308.002(d), Estates Code, is amended to   read as follows:          (d)  The notice required by this section must be sent by a   qualified delivery method [registered or certified mail, return   receipt requested].          SECTION 29.  Section 308.051(a), Estates Code, is amended to   read as follows:          (a)  Within one month after receiving letters testamentary   or of administration, a personal representative of an estate shall   provide notice requiring each person who has a claim against the   estate to present the claim within the period prescribed by law by:                (1)  having the notice published in a newspaper of   general circulation in the county in which the letters were issued;   and                (2)  if the decedent remitted or should have remitted   taxes administered by the comptroller, sending the notice to the   comptroller by a qualified delivery method [certified or registered   mail].          SECTION 30.  Sections 308.053(c) and (d), Estates Code, are   amended to read as follows:          (c)  Notice provided under this section must be:                (1)  sent by a qualified delivery method [certified or   registered mail, return receipt requested]; and                (2)  addressed to the record holder of the claim at the   record holder's last known post office address.          (d)  The following shall be filed with the clerk of the court   in which the letters testamentary or of administration were issued:                (1)  a copy of each notice and of each return receipt or   other proof of delivery receipt; and                (2)  the personal representative's affidavit stating:                      (A)  that the notice was sent [mailed] as required   by law; and                      (B)  the name of the person to whom the notice was   sent [mailed], if that name is not shown on the notice or receipt.          SECTION 31.  Section 308.054(a), Estates Code, is amended to   read as follows:          (a)  At any time before an estate administration is closed, a   personal representative may give notice by a qualified delivery   method [certified or registered mail, return receipt requested,] to   an unsecured creditor who has a claim for money against the estate.          SECTION 32.  Section 356.105(a), Estates Code, is amended to   read as follows:          (a)  A successful bid or contract for the sale of estate   personal property shall be reported to the court.  The laws   regulating the approval or disapproval of a sale of real estate   apply to the sale, except that a conveyance is not required.          SECTION 33.  Section 356.654(b), Estates Code, is amended to   read as follows:          (b)  Before purchasing estate property as authorized by   Subsection (a), the personal representative shall give notice of   the purchase by a qualified delivery method [certified mail, return   receipt requested], unless the court requires another form of   notice, to:                (1)  each distributee of the estate; and                (2)  each creditor whose claim remains unsettled after   being presented within six months of the date letters testamentary   or of administration are originally granted.          SECTION 34.  Section 361.052(b), Estates Code, is amended to   read as follows:          (b)  If a personal representative, as executor or   administrator, fails to timely file the affidavit or certificate   required by Section 308.004, the court, on the court's own motion,   may remove the personal representative after providing 30 days'   written notice to the personal representative to answer at a time   and place set in the notice, by a qualified delivery method   [certified mail, return receipt requested,] to:                (1)  the representative's last known address; and                (2)  the last known address of the representative's   attorney of record.          SECTION 35.  Sections 362.005(b) and (c), Estates Code, are   amended to read as follows:          (b)  Citation issued under Subsection (a) must:                (1)  contain:                      (A)  a statement that an account for final   settlement has been presented;                      (B)  the time and place the court will consider   the account; and                      (C)  a statement requiring the person cited to   appear and contest the account, if the person wishes to contest the   account; and                (2)  be given to each heir or distributee of the   decedent by a qualified delivery method [certified mail, return   receipt requested,] unless the court by written order directs   another method of service to be given.          (c)  The personal representative shall also provide to each   person entitled to citation under Subsection (b) a copy of the   account for final settlement either by:                (1)  a qualified delivery method [certified mail,   return receipt requested]; or                (2)  electronic delivery, including facsimile or   e-mail.          SECTION 36.  Section 403.056(a), Estates Code, is amended to   read as follows:          (a)  Notice to the independent executor required by Sections   403.052 and 403.055 must be contained in:                (1)  a written instrument that complies with Section   355.004 and is sent by a qualified delivery method [hand-delivered   with proof of receipt, or mailed by certified mail, return receipt   requested with proof of receipt,] to the independent executor or   the executor's attorney;                (2)  a pleading filed in a lawsuit with respect to the   claim; or                (3)  a written instrument that complies with Section   355.004 or a pleading filed in the court in which the administration   of the estate is pending.          SECTION 37.  Section 404.0035(a), Estates Code, is amended   to read as follows:          (a)  The probate court, on the court's own motion, may remove   an independent executor appointed under this subtitle after   providing 30 days' written notice of the court's intention to the   independent executor, requiring answering at a time and place set   in the notice, by a qualified delivery method [certified mail,   return receipt requested], to the independent executor's last known   address and to the last known address of the independent executor's   attorney of record, if the independent executor:                (1)  neglects to qualify in the manner and time   required by law;                (2)  fails to return, before the 91st day after the date   the independent executor qualifies, either an inventory of the   estate property and a list of claims that have come to the   independent executor's knowledge or an affidavit in lieu of the   inventory, appraisement, and list of claims, unless that deadline   is extended by court order; or                (3)  fails to timely file the affidavit or certificate   required by Section 308.004.          SECTION 38.  Section 452.006(a), Estates Code, is amended to   read as follows:          (a)  On the date the county clerk issues letters of temporary   administration:                (1)  the county clerk shall post on the courthouse door   a notice of the appointment to all interested persons; and                (2)  the appointee shall notify, by a qualified   delivery method [certified mail, return receipt requested], the   decedent's known heirs of the appointment.          SECTION 39.  Section 453.003(a), Estates Code, is amended to   read as follows:          (a)  If there is no qualified executor or administrator of a   deceased spouse's estate, the surviving spouse, as the surviving   partner of the marital partnership, may:                (1)  sue and be sued to recover community property;                (2)  sell, mortgage, lease, and otherwise dispose of   community property to pay community debts, for which a portion of   community property is liable for payment;                (3)  collect claims due to the community estate; and                (4)  exercise other powers as necessary to:                      (A)  preserve the community property;                      (B)  discharge community obligations, for which a   portion of community property is liable for payment; and                      (C)  wind up community affairs.          SECTION 40.  Section 453.006, Estates Code, is amended to   read as follows:          Sec. 453.006.  ACCOUNT OF [COMMUNITY] DEBTS AND DISPOSITION   OF COMMUNITY PROPERTY. (a) The surviving spouse shall keep a fair   and full account and statement of:                (1)  all [community] debts and expenses paid by the   surviving spouse; and                (2)  the disposition made of the community property.          (b)  The surviving spouse or personal representative shall   keep a separate, distinct account of all [community] debts allowed   or paid in the administration and settlement of an estate described   by Section 101.052 [   Sections 101.052(a) and (b)].          SECTION 41.  Section 453.007, Estates Code, is amended to   read as follows:          Sec. 453.007.  DELIVERY OF COMMUNITY ESTATE ON FINAL   PARTITION. On final partition of the community estate, the   surviving spouse shall deliver to the deceased spouse's heirs or   devisees their interest in the estate, and the increase in and   profits of the interest, after deducting from the interest:                (1)  the proportion of the [community] debts chargeable   to the interest;                (2)  unavoidable losses;                (3)  necessary and reasonable expenses; and                (4)  a reasonable commission for the management of the   interest.          SECTION 42.  The heading to Section 453.009, Estates Code,   is amended to read as follows:          Sec. 453.009.  DISTRIBUTION OF POWERS BETWEEN PERSONAL   REPRESENTATIVE AND SURVIVING SPOUSE DURING ADMINISTRATION.          SECTION 43.  Section 453.009(b), Estates Code, is amended to   read as follows:          (b)  During administration of a deceased spouse's estate,   the [The] surviving spouse, as surviving partner of the marital   partnership, is entitled to:                (1)  retain possession and control of the community   property that was legally under the sole management of the   surviving spouse during the marriage; and                (2)  exercise over that property any power this chapter   authorizes the surviving spouse to exercise as if there is no   administration pending on the deceased spouse's estate.          SECTION 44.  Section 501.003(b), Estates Code, is amended to   read as follows:          (b)  For an application described by Section 501.002(b), a   citation shall be issued and served by a qualified delivery method   [registered or certified mail] on each devisee and heir identified   in the application.          SECTION 45.  Section 505.005(a), Estates Code, is amended to   read as follows:          (a)  On receipt of a notice or process described by Section   505.004(a)(2), the secretary of state shall promptly forward the   notice or process by a qualified delivery method [registered or   certified mail] to the officer, agent, or other person designated   by the foreign corporate fiduciary under Section 505.004 to receive   the notice or process.          SECTION 46.  Section 505.101(a), Estates Code, is amended to   read as follows:          (a)  On giving notice by a qualified delivery method   [registered or certified mail] to all creditors of a decedent in   this state who have filed a claim against the decedent's estate for   a debt due to the creditor, a foreign executor or administrator of a   person who was a nonresident at the time of death may maintain a   suit in this state for the recovery of debts due to the decedent.          SECTION 47.  Section 551.005(b), Estates Code, is amended to   read as follows:          (b)  The clerk of a court that orders an executor or   administrator to pay funds to the comptroller under Section 551.001   shall provide to the comptroller, by a qualified delivery method   [certified mail] or e-mail, a certified copy of the court order not   later than the fifth day after the date the order is issued.          SECTION 48.  Sections 51.052(b), (c), (d), (e), (f), and   (g), 51.055(a), 51.056, 51.103(b), 56.002(b), 113.251(c), 202.051,   202.203, 305.001, 305.002, 305.003, 305.051, 305.052, 305.053,   305.055, 308.002(d), 308.051(a), 308.053(c) and (d), 308.054(a),   356.654(b), 361.052(b), 362.005(b) and (c), 403.056(a),   404.0035(a), 452.006(a), 501.003(b), 505.005(a), 505.101(a), and   551.005(b), Estates Code, as amended by this Act, apply only to an   action filed or proceeding commenced on or after the effective date   of this Act.          SECTION 49.  The amendments of this Act to Sections 101.052,   202.005, 202.151(b) and (c), 251.053, 356.105(a), 453.003(a),   453.006, 453.007, and 453.009, Estates Code, are intended to   clarify rather than change existing law.          SECTION 50.  Section 113.001, Estates Code, as amended by   this Act, applies to an account established before, on, or after the   effective date of this Act.          SECTION 51.  Section 113.251(c), Estates Code, as amended by   this Act, applies only to multiple-party accounts created or   existing on or after the effective date of this Act.          SECTION 52.  Section 202.056, Estates Code, as amended by   this Act, applies only to a proceeding to declare heirship   commenced on or after the effective date of this Act. A proceeding   to declare heirship commenced before that date is governed by the   law in effect on the date the proceeding was commenced, and the   former law is continued in effect for that purpose.          SECTION 53.  Section 202.151(d), Estates Code, as added by   this Act, applies only to a proceeding to declare heirship   commenced on or after the effective date of this Act.  A proceeding   to declare heirship commenced before that date is governed by the   law in effect on the date the proceeding was commenced, and the   former law is continued in effect for that purpose.          SECTION 54.  Sections 258.002(d) and (e), Estates Code, as   added by this Act, apply only to an application for the probate of a   will filed on or after the effective date of this Act. An   application for the probate of a will 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.  Section 304.003, Estates Code, as amended by   this Act, applies only to an application for letters testamentary   or for letters of administration filed on or after the effective   date of this Act. An application for letters testamentary or for   letters of administration filed before the effective date of this   Act 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 56.  This Act takes effect September 1, 2023.