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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures and fees for the safekeeping of wills and |
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other fees collected by court clerks in probate matters; |
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authorizing and increasing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 252.001(b), Estates Code, is amended to |
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read as follows: |
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(b) The county clerk shall receive and keep the will on the |
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payment of a $10 [$5] fee. |
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SECTION 2. Section 252.101, Estates Code, is amended to |
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read as follows: |
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Sec. 252.101. NOTIFICATION BY COUNTY CLERK. A county clerk |
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shall notify[, by registered mail, return receipt requested,] each |
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person named on the endorsement of the will wrapper that the will is |
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on deposit in the clerk's office if: |
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(1) an affidavit is submitted to the clerk stating |
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that the testator has died; or |
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(2) the clerk receives other notice or proof of the |
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testator's death sufficient to convince the clerk that the testator |
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has died. |
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SECTION 3. Section 252.104, Estates Code, is amended to |
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read as follows: |
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Sec. 252.104. NOTICE AND DELIVERY OF WILL TO EXECUTOR. If a |
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county clerk inspects a will under Section 252.103 and the will |
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names an executor, the clerk shall: |
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(1) notify the person named as executor[, by
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registered mail, return receipt requested,] that the will is on |
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deposit with the clerk; and |
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(2) deliver, on request, the will to the person named |
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as executor. |
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SECTION 4. Section 252.105(a), Estates Code, is amended to |
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read as follows: |
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(a) If a county clerk inspects a will under Section 252.103, |
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the clerk shall notify [by registered mail, return receipt
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requested,] the devisees named in the will that the will is on |
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deposit with the clerk if: |
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(1) the will does not name an executor; |
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(2) the person named as executor in the will: |
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(A) has died; or |
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(B) fails to take the will before the 31st day |
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after the date the notice required by Section 252.104 is mailed to |
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the person; or |
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(3) the notice mailed to the person named as executor |
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is returned as undelivered. |
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SECTION 5. Section 252.201, Estates Code, is amended to |
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read as follows: |
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Sec. 252.201. WILL DELIVERY. (a) On receiving notice of a |
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testator's death, the person who has custody of the testator's will |
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shall deliver the will to the clerk of the court that has |
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jurisdiction of the testator's estate. |
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(b) The clerk of the court shall receive and keep the will on |
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the payment of a $10 fee. |
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(c) The clerk of the court shall handle the will in the same |
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manner prescribed by Subchapter A for a will deposited under |
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Section 252.001. |
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SECTION 6. Subchapter E, Chapter 252, Estates Code, is |
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amended by adding Section 252.2015 to read as follows: |
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Sec. 252.2015. NOTICE AND DELIVERY OF WILL TO EXECUTOR OR |
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DEVISEES. (a) On the deposit of a will under Section 252.201 that |
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names an executor, the clerk of the court shall: |
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(1) notify the person named as executor in the manner |
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prescribed by Section 252.104; and |
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(2) deliver, on request, the will to the person named |
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as executor. |
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(b) On the deposit of a will under Section 252.201, the |
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clerk of the court shall notify the devisees named in the will in |
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the manner prescribed by Section 252.105(a) if: |
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(1) the will does not name an executor; |
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(2) the person named as executor in the will: |
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(A) has died; or |
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(B) fails to take the will before the 31st day |
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after the date the notice required by Subsection (a) is mailed to |
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the person; or |
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(3) the notice mailed to the person named as executor |
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is returned as undelivered. |
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(c) On request, the clerk of the court shall deliver the |
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will to any or all of the devisees notified under Subsection (b). |
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SECTION 7. Section 101.0815, Government Code, is amended to |
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conform to Chapter 680 (H.B. 2502), Acts of the 81st Legislature, |
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Regular Session, 2009, and Chapter 982 (H.B. 2080), Acts of the 83rd |
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Legislature, Regular Session, 2013, and is further amended to read |
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as follows: |
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Sec. 101.0815. STATUTORY COUNTY COURT FEES AND |
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COSTS: ESTATES [TEXAS PROBATE] CODE. The clerk of a statutory |
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county court shall collect fees and costs under the Estates [Texas
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Probate] Code as follows: |
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(1) fee for deposit of a will with the county clerk |
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during testator's lifetime (Sec. 252.001, Estates Code) [(Sec. 71,
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Texas Probate Code)] . . . $10 [$5]; |
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(2) security deposit on filing, by any person other |
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than the personal representative of an estate, an application, |
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complaint, or opposition in relation to the estate, if required by |
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the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
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Code)] . . . probable cost of the proceeding; |
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(3) fee on filing an application, complaint, petition, |
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or other paper in a guardianship proceeding, which includes a |
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deposit for payment to an attorney ad litem (Sec. 1052.051, Estates |
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Code) . . . cost of filing and payment of attorney ad litem; |
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(4) security deposit on filing, by any person other |
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than the guardian, attorney ad litem, or guardian ad litem, an |
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application, complaint, or opposition in relation to a guardianship |
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matter, if required by the clerk (Sec. 1053.052, Estates Code) |
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[(Sec. 622, Texas Probate Code)] . . . probable cost of the |
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guardianship proceeding; [and] |
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(5) nonrefundable fee to cover the cost of |
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administering Subchapter G, Chapter 1104, Estates Code (Sec. |
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1104.303, Estates Code) . . . $40; |
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(6) [(4)] costs for attorney ad litem appointed to |
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pursue the restoration of a ward's capacity or modification of the |
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ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
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694L, Texas Probate Code)] . . . reasonable compensation; and |
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(7) fee for delivery of a will to the court clerk by |
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custodian (Sec. 252.201, Estates Code) . . . $10. |
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SECTION 8. Section 101.1014, Government Code, is amended to |
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conform to Chapter 680 (H.B. 2502), Acts of the 81st Legislature, |
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Regular Session, 2009, and Chapter 982 (H.B. 2080), Acts of the 83rd |
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Legislature, Regular Session, 2013, and is further amended to read |
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as follows: |
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Sec. 101.1014. STATUTORY PROBATE COURT FEES AND |
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COSTS: ESTATES [TEXAS PROBATE] CODE. The clerk of a statutory |
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probate court shall collect fees and costs under the Estates [Texas
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Probate] Code as follows: |
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(1) fee for deposit of a will with the county clerk |
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during testator's lifetime (Sec. 252.001, Estates Code) [(Sec. 71,
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Texas Probate Code)] . . . $10 [$5]; |
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(2) security deposit on filing, by any person other |
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than the personal representative of an estate, an application, |
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complaint, or opposition in relation to the estate, if required by |
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the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
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Code)] . . . probable cost of the proceeding; |
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(3) fee on filing an application, complaint, petition, |
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or other paper in a guardianship proceeding, which includes a |
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deposit for payment to an attorney ad litem (Sec. 1052.051, Estates |
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Code) . . . cost of filing and payment of attorney ad litem; |
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(4) security deposit on filing, by any person other |
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than the guardian, attorney ad litem, or guardian ad litem, an |
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application, complaint, or opposition in relation to a guardianship |
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matter, if required by the clerk (Sec. 1053.052, Estates Code) |
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[(Sec. 622, Texas Probate Code)] . . . probable cost of the |
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guardianship proceeding; [and] |
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(5) nonrefundable fee to cover the cost of |
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administering Subchapter G, Chapter 1104, Estates Code (Sec. |
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1104.303, Estates Code) . . . $40; |
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(6) [(4)] costs for attorney ad litem appointed to |
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pursue the restoration of a ward's capacity or modification of the |
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ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
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694L, Texas Probate Code)] . . . reasonable compensation; and |
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(7) fee for delivery of a will to the court clerk by |
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custodian (Sec. 252.201, Estates Code) . . . $10. |
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SECTION 9. Section 101.1215, Government Code, is amended to |
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conform to Chapter 680 (H.B. 2502), Acts of the 81st Legislature, |
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Regular Session, 2009, and Chapter 982 (H.B. 2080), Acts of the 83rd |
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Legislature, Regular Session, 2013, and is further amended to read |
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as follows: |
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Sec. 101.1215. COUNTY COURT FEES AND COSTS: ESTATES [TEXAS
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PROBATE] CODE. The clerk of a county court shall collect the |
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following fees and costs under the Estates [Texas Probate] Code: |
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(1) fee for deposit of a will with the county clerk |
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during testator's lifetime (Sec. 252.001, Estates Code) [(Sec. 71,
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Texas Probate Code)] . . . $10 [$5]; |
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(2) security deposit on filing, by any person other |
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than the personal representative of an estate, an application, |
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complaint, or opposition in relation to the estate, if required by |
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the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
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Code)] . . . probable cost of the proceeding; |
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(3) fee on filing an application, complaint, petition, |
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or other paper in a guardianship proceeding, which includes a |
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deposit for payment to an attorney ad litem (Sec. 1052.051, Estates |
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Code) . . . cost of filing and payment of attorney ad litem; |
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(4) security deposit on filing, by any person other |
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than the guardian, attorney ad litem, or guardian ad litem, an |
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application, complaint, or opposition in relation to a guardianship |
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matter, if required by the clerk (Sec. 1053.052, Estates Code) |
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[(Sec. 622, Texas Probate Code)] . . . probable cost of the |
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guardianship proceeding; [and] |
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(5) nonrefundable fee to cover the cost of |
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administering Subchapter G, Chapter 1104, Estates Code (Sec. |
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1104.303, Estates Code) . . . $40; |
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(6) [(4)] costs for attorney ad litem appointed to |
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pursue the restoration of a ward's capacity or modification of the |
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ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
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694L, Texas Probate Code)] . . . reasonable compensation; and |
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(7) fee for delivery of a will to the court clerk by |
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custodian (Sec. 252.201, Estates Code) . . . $10. |
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SECTION 10. Section 118.052, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.052. FEE SCHEDULE. Each clerk of a county court |
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shall collect the following fees for services rendered to any |
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person: |
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(1) CIVIL COURT ACTIONS |
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(A) Filing of Original Action (Sec. 118.053): |
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(i) Garnishment after judgment . . . $15.00 |
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(ii) All others . . . $40.00 |
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(B) Filing of Action Other than Original (Sec. |
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118.054) . . . $30.00 |
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(C) Services Rendered After Judgment in Original |
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Action (Sec. 118.0545): |
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(i) Abstract of judgment . . . $ 5.00 |
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(ii) Execution, order of sale, writ, or |
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other process . . . $ 5.00 |
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(2) PROBATE COURT ACTIONS |
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(A) Probate Original Action (Sec. 118.055): |
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(i) Probate of a will with independent |
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executor, administration with will attached, administration of an |
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estate, guardianship or receivership of an estate, or muniment of |
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title . . . $40.00 |
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(ii) Community survivors . . . $40.00 |
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(iii) Small estates . . . $40.00 |
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(iv) Declarations of heirship . . . $40.00 |
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(v) Mental health or chemical dependency |
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services . . . $40.00 |
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(vi) Additional, special fee (Sec. 118.064) |
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. . . $ 5.00 |
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(B) Services in Pending Probate Action (Sec. |
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118.056): |
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(i) Filing an inventory and appraisement as |
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provided by Section 118.056(d) . . . $25.00 |
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(ii) Approving and recording bond . . . $ |
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3.00 |
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(iii) Administering oath . . . $ 2.00 |
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(iv) Filing annual or final account of |
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estate . . . $25.00 |
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(v) Filing application for sale of real or |
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personal property . . . $25.00 |
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(vi) Filing annual or final report of |
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guardian of a person . . . $10.00 |
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(vii) Filing a document not listed under |
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this paragraph after the filing of an order approving the inventory |
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and appraisement or after the 120th day after the date of the |
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initial filing of the action, whichever occurs first, if more than |
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25 pages . . . $25.00 |
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(C) Adverse Probate Action (Sec. 118.057) . . . |
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$40.00 |
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(D) Claim Against Estate (Sec. 118.058) . . . |
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$10.00 [$ 2.00] |
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(E) Supplemental Court-Initiated Guardianship |
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Fee in Probate Original Actions and Adverse Probate Actions (Sec. |
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118.067) . . . $20.00 |
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(F) Supplemental Public Probate Administrator |
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Fee For Counties That Have Appointed a Public Probate Administrator |
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(Sec. 118.068) . . . $10.00 |
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(3) OTHER FEES |
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(A) Issuing Document (Sec. 118.059): original |
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document and one copy . . . $ 4.00 |
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each additional set of an original and one copy . . . $ 4.00 |
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(B) Certified Papers (Sec. 118.060): for the |
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clerk's certificate . . . $ 5.00 |
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plus a fee per page or part of a page of . . . $ 1.00 |
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(C) Noncertified Papers (Sec. 118.0605): for |
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each page or part of a page . . . $ 1.00 |
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(D) Letters Testamentary, Letter of |
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Guardianship, Letter of Administration, or Abstract of Judgment |
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(Sec. 118.061) . . . $ 2.00 |
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(E) Safekeeping of Wills (Sec. 118.062) . . . |
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$10.00 [$ 5.00] |
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(F) Mail Service of Process (Sec. 118.063) . . . |
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same as sheriff |
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(G) Records Management and Preservation Fee |
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. . . $ 5.00 |
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SECTION 11. Sections 252.001 and 252.201, Estates Code, as |
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amended by this Act, and Section 252.2015, Estates Code, as added by |
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this Act, apply to a will deposited or delivered to the clerk of a |
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court on or after the effective date of this Act. A will deposited |
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or delivered to the clerk of a court before the effective date of |
|
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this Act is governed by the law in effect on the date the will was |
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deposited or delivered, and the former law is continued in effect |
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for that purpose. |
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SECTION 12. This Act takes effect September 1, 2015. |