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AN ACT
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relating to the use of a small estate affidavit to distribute |
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certain intestate estates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 205.002, Estates Code, is amended to |
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read as follows: |
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Sec. 205.002. AFFIDAVIT REQUIREMENTS. (a) An affidavit |
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filed under Section 205.001 must: |
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(1) be sworn to by: |
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(A) two disinterested witnesses; |
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(B) each distributee of the estate who has legal |
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capacity; and |
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(C) if warranted by the facts, the natural |
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guardian or next of kin of any minor distributee or the guardian of |
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any other incapacitated distributee; |
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(2) show the existence of the conditions prescribed by |
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Sections 205.001(1), (2), and (3); and |
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(3) include: |
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(A) a list of all known estate assets and |
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liabilities; |
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(B) the name and address of each distributee; and |
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(C) the relevant family history facts concerning |
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heirship that show each distributee's right to receive estate money |
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or other property or to have any evidence of money, property, or |
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other right of the estate as is determined to exist transferred to |
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the distributee as an heir or assignee. |
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(b) A list of all known estate assets under Subsection |
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(a)(3)(A) must indicate which assets the applicant claims are |
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exempt. |
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SECTION 2. Chapter 205, Estates Code, is amended by adding |
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Section 205.009 to read as follows: |
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Sec. 205.009. CONSTRUCTION OF CERTAIN REFERENCES. A |
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reference in this chapter to "homestead" or "exempt property" means |
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only a homestead or other exempt property that would be eligible to |
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be set aside under Section 353.051 if the decedent's estate was |
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being administered. |
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SECTION 3. Section 205.009, Estates Code, as added by this |
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Act, applies to the estate of a decedent that is pending on or after |
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the effective date of this Act, regardless of the decedent's date of |
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death. |
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SECTION 4. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3136 was passed by the House on May 8, |
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2015, by the following vote: Yeas 142, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3136 was passed by the Senate on May |
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27, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |