Proposal to Change Texas Probate Procedure
Earlier on this blog, I explained how some individuals criticize the probate system in Texas because of the possibility of abuse despite that fact that in most cases the system operates more smoothly, efficiently, and economically than virtually any other probate system in the United States.
A movement appears to exist to make changes to the Texas probate system by some members of the Texas Legislature. See Tony Plohetski, Overhaul of probate law proposed, American-Statesman [Austin], Dec. 21, 2006, from which the following excerpts are taken:
Two veteran Texas lawmakers say they plan to file bills aimed at making it more difficult for people to steal from or mismanage estates and ensuring that the final wishes of the dead are properly carried out.
State Sen. Jeff Wentworth, R-San Antonio, and state Rep. Will Hartnett, R-Dallas, said their bills would require executors of estates — the people chosen to distribute a person’s money and property — to send written notices to anyone named in a will, detailing what they are supposed to receive. * * *
State laws do not require executors to notify those named in a will, except charitable groups.
Nor are executors required to tell probate courts how they divided assets.
State laws also make a person who suspects estate theft wait 15 months in most instances before demanding an accounting of how an executor split the property.
Hartnett said he asked representatives from the Texas Academy of Probate Lawyers to help draft guidelines for his bill after reading the newspaper’s report.
Austin probate lawyer Glenn Karisch, the academy’s legislative liaison, said the group will give lawmakers their suggestions in early January.
Karisch said the proposal would require executors to write letters to people named in a will and attach a copy of the will. They would then have to file copies of the letters with probate courts. * * *
[A] requirement that executors notify heirs could mean higher legal costs for settling a will.
Special thanks to Prof. Wayne Scott (St. Mary’s University School of Law) for bringing this update to my attention.