Relating to decedents' estates, the official text

S.B. No. 1335

AN ACT

relating to decedents' estates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 306.007, Estates Code, is amended to

read as follows:

Sec. 306.007. EFFECT OF LETTERS [OR CERTIFICATE]. Letters

testamentary or of administration issued under the court's seal by

[or a certificate of] the clerk of the court that granted the

letters are[, under the court's seal, indicating that the letters

have been issued, is] sufficient evidence of:

(1) the appointment and qualification of the personal

representative of an estate; and

(2) the date of qualification.

SECTION 2. Section 361.052, Estates Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) The court may remove a personal representative as

provided by Subsection (a-1) [on the court's own motion, or on the

complaint of any interested person, after the representative has

been cited by personal service to answer at a time and place set in

the notice,] if:

(1) sufficient grounds appear to support a belief that

the representative has misapplied, embezzled, or removed from the

state, or is about to misapply, embezzle, or remove from the state,

all or part of the property entrusted to the representative's care;

(2) the representative fails to return any account

required by law to be made;

(3) the representative fails to obey a proper order of

the court that has jurisdiction with respect to the performance of

the representative's duties;

(4) the representative is proved to have been guilty

of gross misconduct, or mismanagement in the performance of the

representative's duties;

(5) the representative:

(A) becomes incapacitated;

(B) is sentenced to the penitentiary; or

(C) from any other cause, becomes incapable of

properly performing the duties of the representative's trust; or

(6) the representative, as executor or administrator,

fails to make a final settlement by the third anniversary of the

date letters testamentary or of administration are granted, unless

that period is extended by the court on a showing of sufficient

cause supported by oath.

(a-1) The court may remove a personal representative for a

reason described by Subsection (a) on:

(1) the court's own motion, after the personal

representative has been notified by a qualified delivery method to

answer at a time and place set in the notice; or

(2) the complaint of an interested person, after the

personal representative has been cited by personal service to

answer at a time and place set in the notice.

SECTION 3. Section 362.012, Estates Code, is amended to

read as follows:

Sec. 362.012. DISCHARGE OF PERSONAL REPRESENTATIVE AND BOND

SURETIES WHEN NO ESTATE PROPERTY REMAINS; CANCELLATION OF LETTERS.

If, on final settlement of the estate, none of the estate remains in

the representative's possession, the [The] court shall enter an

order:

(1) discharging a personal representative from the

representative's trust;

(2) canceling the letters issued to the personal

representative;

(3) discharging and releasing the sureties on the

personal representative's bond, if applicable; and

(4) closing the estate [if, on final settlement of the

estate, none of the estate remains in the representative's

possession].

SECTION 4. Section 362.013, Estates Code, is amended to

read as follows:

Sec. 362.013. DISCHARGE OF PERSONAL REPRESENTATIVE AND BOND

SURETIES WHEN ESTATE FULLY ADMINISTERED; CANCELLATION OF LETTERS.

The court shall enter an order specifying the actions described by

Sections 362.012(1), (2), and (3) [discharging a personal

representative from the representative's trust] and declaring the

estate closed when:

(1) the representative has fully administered the

estate in accordance with this title and the court's orders;

(2) the representative's account for final settlement

has been approved; and

(3) the representative has:

(A) delivered all of the estate remaining in the

representative's possession to the person or persons entitled to

receive that part of the estate; and

(B) with respect to the portion of the estate

distributable to an unknown or missing person, complied with an

order of the court under Section 362.011.

SECTION 5. Section 405.001(c), Estates Code, is amended to

read as follows:

(c) If all the property in the estate is ordered distributed

by the court and the estate is fully administered, the court may

also order the independent executor to file a final account with the

court and may enter an order closing the administration, canceling

the letters issued to the personal representative, and terminating

the power of the personal representative [independent executor] to

act as independent executor or independent administrator.

SECTION 6. Section 405.007(b), Estates Code, is amended to

read as follows:

(b) The closing of an independent administration by filing

of a closing report or notice of closing estate terminates the power

and authority of the independent executor, including the

independent administrator, and cancels the letters issued to the

personal representative, but does not relieve the independent

executor or administrator, as applicable, from liability for any

mismanagement of the estate or from liability for any false

statements contained in the report or notice.

SECTION 7. Section 405.009(a), Estates Code, is amended to

read as follows:

(a) At any time after an estate has been fully administered

and there is no further need for an independent administration of

the estate, any distributee may file an application to close the

administration; and, after citation on the independent

administrator or other independent executor, as applicable, and on

hearing, the court may enter an order:

(1) requiring the independent executor to file a

closing report meeting the requirements of Section 405.005;

(2) closing the administration;

(3) terminating the power of the personal

representative [independent executor] to act as independent

executor or administrator, as applicable, and canceling the letters

issued to the personal representative; and

(4) releasing the sureties on any bond the independent

executor, including the independent administrator, was required to

give from all liability for the future acts of the principal.

SECTION 8. Section 361.052, Estates Code, as amended by

this Act, applies only to a motion made by a court or a complaint

made by an interested person on or after the effective date of this

Act. A motion made by a court or a complaint made by an interested

person before the effective date of this Act is governed by the law

in effect on the date the motion or complaint was made, and the

former law is continued in effect for that purpose.

SECTION 9. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 1335 passed the Senate on

April 24, 2025, by the following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1335 passed the House on

May 28, 2025, by the following vote: Yeas 140, Nays 0, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor