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S.B. No. 1839 AN ACT relating to the delivery of records, including a will, in probate proceedings transferred to other courts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 33.105, Estates Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a) If a probate proceeding is transferred to a court in another county under this chapter, the clerk of the transferring court shall send to the clerk of the court to which the proceeding is transferred: (1) [,] using the electronic filing system established under Section 72.031, Government Code: (A) [(1)] a transfer certificate and index of transferred documents; (B) [(2)] a copy of each final order; (C) [(3)] a copy of the order of transfer signed by the transferring court; (D) [(4)] a copy of the original papers filed in the transferring court[, including a copy of any will]; (E) [(5)] a copy of the transfer certificate and index of transferred documents from each previous transfer; and (F) [(6)] a bill of any costs accrued in the transferring court; and (2) by a qualified delivery method, the original will, or the paper copy of the will offered under Section 256.156 to prove a will that cannot be produced in court, as applicable. (a-1) If applicable, the applicant who requested to transfer a probate proceeding shall pay the cost of delivery under Subsection (a)(2). SECTION 2. Section 33.105, Estates Code, as amended by this Act, applies to a proceeding that is pending or commenced on or after the effective date of this Act. SECTION 3. This Act takes effect September 1, 2025. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1839 passed the Senate on April 16, 2025, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1839 passed the House on May 24, 2025, by the following vote: Yeas 136, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor
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