TX LEG Decedents' Estate Settlement

Published on: Jul 14, 2025

On Jun. 20, TX LEG enacted bill relating to decedents' estates.

  • TX LEG enacted SB 1135 relating to decedents' estate settlement and representatives.
  • Amended TX LEG 2-G-306 (issuance of letters), TX LEG 2-H-361 (personal representatives, TX LEG 2-H-362-A (settling estate), and TX LEG 2-I-405 (closing).
  • Document dated Jun. 20, 2025, was received on Jul. 9, 2025, due to a fixed feed.
  • Bill Provisions
  • Revised provisions establishing documents that are sufficient evidence of appointment and qualification of personal representative of an estate and the date of qualification.
  • Removed from those documents a certificate of the clerk of the court that granted letters testamentary or of administration indicating that the letters have been issued.
  • Specified letters testamentary/administration included as documents under provision are letters issued under court's seal by the clerk of the court that granted the letters.
  • Changes the method by which a court that removes a personal representative.
  • Can no longer remove on court’s own motion, after the personal representative had been notified by a qualified delivery method or the compliant of interested person.
  • If on the final settlement of an estate, none of the estate remained in representative’s trust, court would be required to enter an order discharging a personal representative.
  • Canceling the letters issued to the personal representative, discharging and releasing the sureties on the personal representative’s bond, if applicable, and closing estate.
  • If all property in the estate was ordered distributed by the court and the estate was fully administered, the court could order the independent executor to file final account.
  • Enter order closing administration, canceling letters issued to personal representative, and terminating power of representative to act as independent executor/administrator.
  • Revised authorization for court to enter order closing administration of an estate after distributee filed application to close administration, after citation has been executed.
  • Legislative History
  • On Feb. 28, 2025, bill was introduced in Senate; on Apr. 24, 2025, bill passed Senate.
  • On Apr. 28, 2025, bill was introduced in House; on May 28, 2025, bill passed House.
  • On Jun. 20, 2025, bill was signed into law by the governor.
  • Effectiveness
  • Bill provisions effective Sep. 1, 2025.
Regulators
TX LEG
Entity Types
CNSM; Corp; Fiduciary
Reference
Act, Bill SB1335, 6/20/2025; Citation: *TX LEG* 2-G-306, 2-H-361, 2-H-362-A, 2-I-405;
Functions
Compliance; Legal; Operations; Registration/Licensing; Reporting
Countries
United States of America
Category
State
N/A
Products
Corporate; Wealth Mgt
Rule Type
Final
Regions
Am
Rule Date
Jun 20, 2025
Effective Date
Sep 1, 2025
Rule ID
262092
Linked to
N/A
Reg. Last Update
Jun 20, 2025
Report Section
US Consumer