85R5081 CLG-F     By: Perry S.B. No. 1056       A BILL TO BE ENTITLED   AN ACT   relating to venue for a proceeding to admit a will to probate or for   the granting of letters testamentary or of administration.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 33.001, Estates Code, is amended to read   as follows:          Sec. 33.001.  PROBATE OF WILLS AND GRANTING OF LETTERS   TESTAMENTARY AND OF ADMINISTRATION. (a) In this section,   "immediate family member" means the parent, spouse, child, or   sibling of a person.          (b)  Venue for a probate proceeding to admit a will to   probate or for the granting of letters testamentary or of   administration is:                (1)  with respect to a [in the county in which the   decedent resided, if the] decedent who had a domicile or fixed place   of residence in this state:                      (A)  in the county in which the decedent resided;   or                      (B)  in the county in which the applicant for   letters testamentary or of administration resides, if no immediate   family member of the decedent resides in the same county in which   the decedent resided; or                (2)  with respect to a decedent who did not have a   domicile or fixed place of residence in this state:                      (A)  if the decedent died in this state, in the   county in which:                            (i)  the decedent's principal estate was   located at the time of the decedent's death; or                            (ii)  the decedent died; or                      (B)  if the decedent died outside of this state:                            (i)  in any county in this state in which the   decedent's nearest of kin reside; or                            (ii)  if there is no next of kin of the   decedent in this state, in the county in which the decedent's   principal estate was located at the time of the decedent's death.          SECTION 2.  The changes in law made by this Act to Section   33.001, Estates Code, 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 3.  This Act takes effect September 1, 2017.