By: Zaffirini S.B. No. 615               A BILL TO BE ENTITLED   AN ACT   relating to probate and guardianship matters and proceedings and   other matters involving probate courts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 30.014(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  In a civil action, including a probate or guardianship   proceeding, filed in a district court, county court, [or] statutory   county court, or statutory probate court, each party or the party's   attorney shall include in its initial pleading:                (1)  the last three numbers of the party's driver's   license number, if the party has been issued a driver's license; and                (2)  the last three numbers of the party's social   security number, if the party has been issued a social security   number.          SECTION 2.  Section 33.101, Estates Code, is amended to read   as follows:          Sec. 33.101.  TRANSFER TO OTHER COUNTY IN WHICH VENUE IS   PROPER. If probate proceedings involving the same estate are   commenced in more than one county and the court making a   determination of venue as provided by Section 33.053 determines   that venue is proper in another county, the court clerk shall make   and retain a copy of the entire file in the case and transmit the   original file in electronic or paper form to the court in the county   in which venue is proper. The court to which the file is   transmitted shall conduct the proceeding in the same manner as if   the proceeding had originally been commenced in that county.          SECTION 3.  Section 33.102(a), Estates Code, is amended to   read as follows:          (a)  If it appears to the court at any time before the final   order in a probate proceeding is rendered that the court does not   have priority of venue over the proceeding, the court shall, on the   application of an interested person, transfer the proceeding to the   proper county by transmitting to the proper court in that county in   electronic or paper form:                (1)  the original file in the case; and                (2)  certified copies of all entries that have been   made in the judge's probate docket in the proceeding.          SECTION 4.  Section 33.103, Estates Code, is amended by   adding Subsection (c) to read as follows:          (c)  The transmittal under Subsection (b) of the original   file and the certified copy of the index may be in electronic or   paper form, except that an original will filed in the probate   proceeding, if any, must be delivered to the court to which the   proceeding is transferred.          SECTION 5.  Section 51.003(b), Estates Code, is amended to   read as follows:          (b)  A citation or notice issued by the county clerk must be   styled "The State of Texas" and be signed by the clerk under the   court's [clerk's] seal.          SECTION 6.  Section 202.054, Estates Code, is amended to   read as follows:          Sec. 202.054.  PERSONAL SERVICE OF CITATION MAY BE REQUIRED.   (a)  The court may require that service of citation in a proceeding   to declare heirship be made by personal service on some or all of   those named as distributees in the application filed under Section   202.005.          (b)  If a distributee to be cited under Subsection (a) is   absent from or is not a resident of this state, any disinterested   person competent to make an oath that the citation was served may   serve the citation.          SECTION 7.  Section 351.351, Estates Code, is amended to   read as follows:          Sec. 351.351.  APPLICABILITY. This subchapter does not   apply to:                (1)  the appointment of an independent executor or   administrator under Section 401.002 or 401.003(a); or                (2)  the appointment of a successor independent   administrator [executor] under Section 404.005.          SECTION 8.  Section 404.0036(b), Estates Code, is amended to   read as follows:          (b)  If an independent executor is removed by the court under   Section 404.003 or 404.0035, the court may, on application, appoint   a successor independent administrator [executor] as provided by   Section 404.005.          SECTION 9.  The heading to Section 404.005, Estates Code, is   amended to read as follows:          Sec. 404.005.  COURT-APPOINTED SUCCESSOR INDEPENDENT   ADMINISTRATOR [EXECUTOR].          SECTION 10.  Sections 404.005(a), (b), (c), (h), and (i),   Estates Code, are amended to read as follows:          (a)  If the will of a person who dies testate names an   independent executor who, having qualified, fails for any reason to   continue to serve, or is removed for cause by the court, and the   will does not name a successor independent executor or if each   successor executor named in the will fails for any reason to qualify   as executor or indicates by affidavit filed with the application   for an order continuing independent administration the successor   executor's inability or unwillingness to serve as successor   independent executor, all of the distributees of the decedent as of   the filing of the application for an order continuing independent   administration may apply to the probate court for the appointment   of a qualified person, firm, or corporation to serve as successor   independent administrator [executor]. If the probate court finds   that continued administration of the estate is necessary, the court   shall enter an order continuing independent administration and   appointing the person, firm, or corporation designated in the   application as successor independent administrator [executor],   unless the probate court finds that it would not be in the best   interest of the estate to do so. The successor independent   administrator [executor] shall serve with all of the powers and   privileges granted to the successor's predecessor independent   executor.          (b)  Except as otherwise provided by this subsection, if a   distributee described in this section is an incapacitated person,   the guardian of the person of the distributee may sign the   application on behalf of the distributee. If the probate court   finds that either the continuing of independent administration or   the appointment of the person, firm, or corporation designated in   the application as successor independent administrator [executor]   would not be in the best interest of the incapacitated person, then,   notwithstanding Subsection (a), the court may not enter an order   continuing independent administration of the estate. If the   distributee is an incapacitated person and has no guardian of the   person, the court may appoint a guardian ad litem to make   application on behalf of the incapacitated person if the probate   court considers such an appointment necessary to protect the   interest of that distributee. If a distributee described in this   section is a minor and has no guardian of the person, a natural   guardian of the minor may sign the application for the order   continuing independent administration on the minor's behalf unless   a conflict of interest exists between the minor and the natural   guardian.          (c)  Except as otherwise provided by this subsection, if a   trust is created in the decedent's will or if the decedent's will   devises property to a trustee as described by Section 254.001, the   person or class of persons entitled to receive property outright   from the trust on the decedent's death and those first eligible to   receive the income from the trust, determined as if the trust were   to be in existence on the date of the filing of the application for   an order continuing independent administration, shall, for the   purposes of this section, be considered to be the distributee or   distributees on behalf of the trust, and any other trust or trusts   coming into existence on the termination of the trust, and are   authorized to apply for an order continuing independent   administration on behalf of the trust without the consent or   agreement of the trustee or any other beneficiary of the trust, or   the trustee or any beneficiary of any other trust which may come   into existence on the termination of the trust. If a person   considered to be a distributee under this subsection is an   incapacitated person, the trustee or cotrustee may apply for the   order continuing independent administration or sign the   application on the incapacitated person's behalf if the trustee or   cotrustee is not the person proposed to serve as the independent   administrator [executor].          (h)  If a successor independent administrator [executor] is   appointed under this section, then, unless the probate court shall   waive bond on application for waiver, the successor independent   administrator [executor] shall be required to enter into bond   payable to and to be approved by the judge and the judge's   successors in a sum that is found by the judge to be adequate under   all circumstances, or a bond with one surety in an amount that is   found by the judge to be adequate under all circumstances, if the   surety is an authorized corporate surety.          (i)  Absent proof of fraud or collusion on the part of a   judge, the judge may not be held civilly liable for the commission   of misdeeds or the omission of any required act of any person, firm,   or corporation designated as a successor independent administrator   [executor] under this section. Section 351.354 does not apply to an   appointment of a successor independent administrator [executor]   under this section.          SECTION 11.  Section 452.006, Estates Code, is amended by   adding Subsection (c) to read as follows:          (c)  The appointee shall file with the court proof of service   of the notice required under Subsection (a) in the manner provided   by Section 51.103(b)(3).          SECTION 12.  Section 503.002, Estates Code, is amended to   read as follows:          Sec. 503.002.  RECORDING OF CERTAIN FOREIGN TESTAMENTARY   INSTRUMENTS IN LANGUAGE OTHER THAN ENGLISH [ORIGINAL SIGNATURES NOT   REQUIRED]. (a)  An authenticated copy of a will or other   testamentary instrument described by Section 503.001(a), along   with a copy of the judgment, order, or decree by which the   instrument was admitted to probate that has the attestation and   certificate required by Section 501.002(c), that is written in   whole or in part in a language other than English may be filed for   recording in the deed records in any county in this state in which   the land conveyed or disposed of in the instrument is located if:                (1)  a correct English translation is recorded with the   authenticated copies of the will or other testamentary instrument   and judgment, order, or decree by which the instrument was admitted   to probate; and                (2)  the accuracy of the translation is sworn to before   an officer authorized to administer oaths [Notwithstanding Section   501.002(c), the original signatures required by that section may   not be required for a recordation in the deed records in accordance   with Section 503.001 or for a purpose described by Section 503.051   or 503.052].          (b)  The recording of an authenticated copy of a will or   other testamentary instrument and a copy of the judgment, order, or   decree in the manner provided by Subsection (a) operates as   constructive notice from the date of filing to all persons of the:                (1)  existence of the instrument; and                (2)  title or titles conferred by the instrument.          SECTION 13.  Section 1023.006, Estates Code, is amended to   read as follows:          Sec. 1023.006.  TRANSFER OF RECORD. When an order of   transfer is made under Section 1023.005, the clerk shall record any   unrecorded papers of the guardianship required to be recorded. On   payment of the clerk's fee, the clerk shall transmit in electronic   or paper form to the county clerk of the county to which the   guardianship was ordered transferred:                (1)  the case file of the guardianship proceedings; and                (2)  a certified copy of the index of the guardianship   records.          SECTION 14.  Section 1023.007, Estates Code, is amended to   read as follows:          Sec. 1023.007.  TRANSFER EFFECTIVE. The order transferring   a guardianship does not take effect until:                (1)  the case file and a certified copy of the index   required by Section 1023.006 are filed in electronic or paper form   in the office of the county clerk of the county to which the   guardianship was ordered transferred; and                (2)  a certificate under the clerk's official seal and   reporting the filing of the case file and a certified copy of the   index is filed in electronic or paper form in the court ordering the   transfer by the county clerk of the county to which the guardianship   was ordered transferred.          SECTION 15.  Section 1051.003(b), Estates Code, is amended   to read as follows:          (b)  A citation or notice issued by the county clerk must be   styled "The State of Texas" and be signed by the clerk under the   court's [clerk's] seal.          SECTION 16.  The heading to Chapter 1054, Estates Code, is   amended to read as follows:   CHAPTER 1054. COURT OFFICERS, [AND] COURT-APPOINTED PERSONS, AND   ATTORNEYS          SECTION 17.  The heading to Subchapter E, Chapter 1054,   Estates Code, is amended to read as follows:   SUBCHAPTER E. QUALIFICATIONS TO SERVE AS [COURT-APPOINTED]   ATTORNEY          SECTION 18.  Section 1054.201, Estates Code, is amended by   amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  Except as provided by Subsection (c), an [An] attorney   representing any person's interests [for an applicant for   guardianship and a court-appointed attorney] in a guardianship   proceeding, including an attorney ad litem, must be certified by   the State Bar of Texas, or a person or other entity designated by   the state bar, as having successfully completed a course of study in   guardianship law and procedure sponsored by the state bar or the   state bar's designee.          (c)  An attorney may commence representation of a person's   interests and file an appearance in a guardianship proceeding   before completing the course required for certification under   Subsection (a), but must complete the course not later than the 14th   day after the date of filing the appearance and before filing any   substantive motion in the guardianship proceeding.          SECTION 19.  Section 1101.001(b), Estates Code, is amended   to read as follows:          (b)  The application must be sworn to by the applicant and   state:                (1)  the proposed ward's name, sex, date of birth, and   address;                (2)  the name, former name, if any, relationship, and   address of the person the applicant seeks to have appointed as   guardian;                (3)  whether guardianship of the person or estate, or   both, is sought;                (3-a)  whether alternatives to guardianship and   available supports and services to avoid guardianship were   considered;                (3-b)  whether any alternatives to guardianship and   supports and services available to the proposed ward considered are   feasible and would avoid the need for a guardianship;                (4)  the nature and degree of the alleged incapacity,   the specific areas of protection and assistance requested, and the   limitation or termination of rights requested to be included in the   court's order of appointment, including a termination of:                      (A)  the right of a proposed ward who is 18 years   of age or older to vote in a public election;                      (B)  the proposed ward's eligibility to hold or   obtain a license to operate a motor vehicle under Chapter 521,   Transportation Code; and                      (C)  the right of a proposed ward to make personal   decisions regarding residence;                (5)  the facts requiring the appointment of a guardian;                (6)  the interest of the applicant in the appointment   of a guardian;                (7)  the nature and description of any kind of   guardianship existing for the proposed ward in any other state;                (8)  the name and address of any person or institution   having the care and custody of the proposed ward;                (9)  the approximate value and a detailed description   of the proposed ward's property, including:                      (A)  liquid assets, including any compensation,   pension, insurance, or allowance to which the proposed ward may be   entitled; and                      (B)  non-liquid assets, including real property;                (10)  the name and address of any person whom the   applicant knows to hold a power of attorney signed by the proposed   ward and a description of the type of power of attorney;                (11)  for a proposed ward who is a minor, the following   information if known by the applicant:                      (A)  the name of each of the proposed ward's   parents and either the parent's address or that the parent is   deceased;                      (B)  the name and age of each of the proposed   ward's siblings, if any, and either the sibling's address or that   the sibling is deceased; and                      (C)  if each of the proposed ward's parents and   adult siblings are deceased, the names and addresses of the   proposed ward's other living relatives who are related to the   proposed ward within the third degree by consanguinity and who are   adults;                (12)  for a proposed ward who is a minor, whether the   minor was the subject of a legal or conservatorship proceeding in   the preceding two years and, if so:                      (A)  the court involved;                      (B)  the nature of the proceeding; and                      (C)  any final disposition of the proceeding;                (13)  for a proposed ward who is an adult, the following   information if known by the applicant:                      (A)  the name of the proposed ward's spouse, if   any, and either the spouse's address or that the spouse is deceased;                      (B)  the name of each of the proposed ward's   parents and either the parent's address or that the parent is   deceased;                      (C)  the name and age of each of the proposed   ward's siblings, if any, and either the sibling's address or that   the sibling is deceased;                      (D)  the name and age of each of the proposed   ward's children, if any, and either the child's address or that the   child is deceased; and                      (E)  if there is no living spouse, parent, adult   sibling, or adult child of the proposed ward, the names and   addresses of the proposed ward's other living relatives who are   related to the proposed ward within the third degree by   consanguinity and who are adults;                (14)  facts showing that the court has venue of the   proceeding; and                (15)  if applicable, that the person whom the applicant   seeks to have appointed as a guardian is a private professional   guardian who is certified under Subchapter C, Chapter 155,   Government Code, and has complied with the requirements of   Subchapter G, Chapter 1104.          SECTION 20.  Section 1101.153(a), Estates Code, is amended   to read as follows:          (a)  A court order appointing a guardian must:                (1)  specify:                      (A) [(1)]  the name of the person appointed;                      (B) [(2)]  the name of the ward;                      (C) [(3)]  whether the guardian is of the person   or estate of the ward, or both;                      (D) [(4)]  the amount of any bond required;                      (E) [(5)]  if it is a guardianship of the estate   of the ward and the court considers an appraisal to be necessary,   one, two, or three disinterested persons to appraise the estate and   to return the appraisement to the court; and                      (F) [(6)]  that the clerk will issue letters of   guardianship to the person appointed when the person has qualified   according to law; and                (2)  if the court waives the guardian's training   requirement, contain a finding that the waiver is in accordance   with rules adopted by the supreme court under Section 155.203,   Government Code.          SECTION 21.  Subchapter A, Chapter 1151, Estates Code, is   amended by adding Section 1151.005 to read as follows:          Sec. 1151.005.  LEGAL PROCEEDINGS IN WHICH WARD IS PARTY OR   WITNESS.  The guardian of the person or of the estate of a ward may   not be excluded from attending a legal proceeding in which the ward   is:                (1)  a party; or                (2)  participating as a witness.          SECTION 22.  Section 1251.005, Estates Code, is amended to   read as follows:          Sec. 1251.005.  NOTICE OF APPLICATION. (a) On the filing of   an application for temporary guardianship, the court clerk shall   issue:                (1)  citation [notice] to be served on:                      (A) [(1)]  the proposed ward; and                [(2) the proposed ward's appointed attorney; and]                      (B) [(3)]  the proposed temporary guardian named   in the application, if that person is not the applicant.                (2)  notice to be served on the proposed ward's   appointed attorney.          (b)  [The notice] A citation or notice served as provided by   Subsection (a) must describe:                (1)  the rights of the parties; and                (2)  the date, time, place, purpose, and possible   consequences of a hearing on the application.          (c)  A citation served as provided by Subsection (a) must   contain the statement regarding the right under Section 1051.252 to   be notified of any or all motions, applications, or pleadings   relating to the application for the guardianship or any subsequent   guardianship proceeding involving the ward after the guardianship   is created, if any.          (d)  A copy of the application must be attached to the   notice. If you cannot make this change because of the time, we   understand.            SECTION 23.  Section 1253.001, Estates Code, is amended to   read as follows:          Sec. 1253.001.  APPLICATION TO TRANSFER GUARDIANSHIP TO   FOREIGN JURISDICTION. On application of the guardian or on the   court's own motion, a [A guardian of the person or estate may apply   to the] court that has jurisdiction over the guardianship may [to]   transfer the guardianship to a court in a foreign jurisdiction to   which the ward has permanently moved.          SECTION 24.  Section 25.0006, Government Code, is amended by   amending Subsection (a) and adding Subsection (a-5) to read as   follows:          (a)  Notwithstanding any other law except Subsection (a-4),   Subsections (a-1), (a-2), [and] (a-3), and (a-5) control over a   specific provision for a particular court or county that attempts   to create a requirement for a bond or insurance that conflicts with   those subsections.          (a-5)  A bond executed under Subsection (a-1) by the judge   elected or appointed to a statutory county court or an insurance   policy obtained under Subsection (a-3) shall provide the same   coverage to a visiting judge assigned to the court or to an   associate judge appointed by the court as the bond or insurance   policy provides to the judge elected or appointed to the court.          SECTION 25.  Section 25.00231, Government Code, is amended   by adding Subsection (f) to read as follows:          (f)  Notwithstanding Subsection (e), a bond executed under   Subsection (b) by the judge elected or appointed to a statutory   probate court or an insurance policy obtained under Subsection (c)   shall provide the same coverage to a visiting judge assigned to the   court or to an associate judge appointed by the court as the bond or   insurance policy provides to the judge elected or appointed to the   court.          SECTION 26.  Section 26.001, Government Code, is amended by   adding Subsection (d) to read as follows:          (d)  A bond executed under Subsection (a) by the judge   elected or appointed to a county court or an insurance policy   obtained under Subsection (c) shall provide the same coverage to a   visiting judge assigned to the court as the bond or insurance policy   provides to the judge elected or appointed to the court.          SECTION 27.  Section 25.0027, Government Code, is amended to   read as follows:          Sec. 25.0027.  JURIES; PRACTICE AND PROCEDURE. The drawing   of jury panels, selection of jurors, and practice in the statutory   probate courts must conform to that prescribed by law for county   courts, except that practice, procedure, rules of evidence,   issuance of process and writs, juries, including the number of   jurors, and all other matters pertaining to the conduct of trials   and hearings in the statutory probate courts involving those   matters of concurrent jurisdiction with district courts are   governed by the laws and rules pertaining to district courts,   except that the parties may agree to try a particular case with   fewer than 12 jurors.          SECTION 28.  Section 81.114, Government Code, is amended by   amending Subsection (a) and adding Subsection (e) to read as   follows:          (a)  The state bar shall provide a course of instruction for   attorneys who represent any person's interests [parties] in   guardianship cases or who serve as court-appointed guardians.          (e)  The course of instruction described by this section must   be low-cost and available to persons throughout this state,   including on the Internet provided through the state bar.          SECTION 29.  (a)  Section 202.054, 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.          (b)  Section 452.006(c), Estates Code, as added by this Act,   applies only to a temporary administrator appointed on or after the   effective date of this Act. A temporary administrator appointed   before the effective date of this Act is governed by the law in   effect on the date the administrator was appointed, and the former   law is continued in effect for that purpose.          (c)  Section 503.002, Estates Code, as amended by this Act,   applies only to a copy of a testamentary instrument or other   document filed for recording on or after the effective date of this   Act. A copy of a testamentary instrument or other document filed   before the effective date of this Act is governed by the law in   effect on the date the instrument or document was filed, and the   former law is continued in effect for that purpose.          (d)  Section 1101.001, Estates Code, as amended by this Act,   applies only to an application for the appointment of a guardian   filed on or after the effective date of this Act. An application   for the appointment of a guardian 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.          (e)  Sections 1054.201 and 1101.153, Estates Code, as   amended by this Act, apply only to a guardianship proceeding   commenced on or after the effective date of this Act. A   guardianship proceeding commenced before the effective date of this   Act is governed by the law applicable to the proceeding immediately   before the effective date of this Act, and the former law is   continued in effect for that purpose.          (f)  Section 1253.001, Estates Code, as amended by this Act,   applies to a guardianship created before, on, or after the   effective date of this Act.          (g)  The changes in law made by this Act to Sections 25.0006,   25.00231, and 26.001, Government Code, apply only to an insurance   policy delivered, issued for delivery, or renewed on or after   January 1, 2022. An insurance policy delivered, issued for   delivery, or renewed before January 1, 2022, is governed by the law   as it existed immediately before the effective date of this Act, and   that law is continued in effect for that purpose.          SECTION 30.  This Act takes effect September 1, 2021.