Bill Caption

Relating to probate and guardianship matters and proceedings and other matters involving probate courts.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 615 would make a number of changes to probate and guardianship laws. It would require initial pleadings in a probate or guardianship proceeding to include the last three digits of the party’s driver’s license and Social Security numbers, if applicable. Courts transferring a probate or guardianship case to another county would be permitted to send the case file in either electronic or paper form. Citations or notices issued by a county clerk in a probate or guardianship proceeding would have to include the court’s seal, rather than the clerk’s seal.

SB 615 would permit any disinterested person who takes an oath to serve a citation to a party in an heirship proceeding who is not present in the state. It would replace court-appointed successor independent executors with administrators. A will written at least in part in a language other than English would only be able to be filed in a county’s deed records if a correct English translation is recorded and the accuracy of the translation is sworn to before an officer. An application for the appointment of a guardian would have to include any former name of the proposed guardian and any non-liquid assets in the ward’s possession. 

SB 615 would require an attorney representing any person’s interests in a guardianship proceeding to be specifically certified by the State Bar in guardianship law, rather than only court-appointed attorneys and attorneys for applicants for guardianship. An attorney without such a certification would be able to commence representation of a person but would have to complete a course before filing any substantive motion. The guardian of a ward would not be able to be excluded from attending a legal proceeding in which the ward is a party or witness. 

If enacted, SB 615 would create new requirements for temporary guardianship proceedings and bonds for probate proceedings.

Vote Recommendation Notes

Texas Action opposes SB 615 as it stands because it would unnecessarily expand government. The requirement that any attorney in a guardianship proceeding receive additional certification from the State Bar constitutes an added occupational regulation on top of existing licensing requirements for attorneys. If SB 615 were amended to remove this regulation, we would become neutral.