All Roll Calls
Yes: 256 • No: 24
TexasSB 144889th Legislature Regular SessionSenate
Relating to decedents' estates and other matters involving probate courts.
Sponsored By: Richard Hayes, Bryan Hughes (Republican)
Signed by Governor
Probate--Wills & Admin of Estates
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 3 benefits, 0 costs, 5 mixed.
Surviving spouses can manage shared property
Beginning September 1, 2025, the law clarifies surviving spouses' powers when no qualified executor or administrator exists. A spouse can sue or be sued to recover community property, collect claims, preserve property, and settle community affairs. The spouse can sell, mortgage, lease, or otherwise dispose of shared marital property to pay debts. Debt payments and other obligations remain limited to community property legally liable for them.
Clearer probate notice for deceased beneficiaries
For probate proceedings started on or after September 1, 2025, special notice rules cover someone who outlived the decedent but later died. Required notice goes to that person's estate representative. It goes to each person entitled to estate distributions after the representative's discharge, an independent executor's closing filing, or without court-ordered administration. Unknown recipients require published notice when no court order identifies them or no estate representative has been appointed. Publication covers the pending-case county and the deceased person's last home county, if known and different; courts may appoint a lawyer to represent recipients.
Clearer rules for proving and keeping wills
Beginning September 1, 2025, the law clarifies how a copy of a missing will counts as self-proved. The copy must include a self-proving affidavit that meets the required form and content rules. For proceedings started on or after that date, county clerks must keep probated originals or qualifying paper copies. Removal for inspection requires a court order and a receipt; the clerk must keep a copy of a removed original. The removed will must be returned after inspection; earlier proceedings keep their prior custody rules.
Probate parties receive court orders electronically
Beginning September 1, 2025, statutory probate courts are included in electronic order-delivery requirements. They must send every court order to all parties through the electronic filing system. This applies in cases where using that system is required or allowed.
Probate transfers require records and delivery costs
For probate cases pending or started on or after September 1, 2025, county transfers follow standard record-handling rules. Clerks send transfer certificates, document indexes, orders, filed papers, prior transfer records, and the bill of costs. Required records go through electronic filing; the original will or qualifying paper copy requires an approved delivery method. The applicant who requested the transfer pays the will-delivery cost. The law sets no delivery price.
Estate representatives must detail marital property
These rules cover estate administrations pending or started on or after September 1, 2025. Unless an exception or court extension applies, representatives must file one complete inventory before the 91st day after qualifying. It lists Texas real estate, personal property everywhere, marital status at death, and separate versus community property for married decedents. An attached claims list includes each claimant's name and address if known, debt type, date incurred, due date, and amount. It also includes interest rates and periods, plus separate or community property status when the decedent was married.
Probate courts can settle estate accounts
Beginning September 1, 2025, the law clarifies courts' authority over estate accounts submitted with the required application. Courts can adjust, correct, settle, approve, or reject those accounts. They can act with or without notice or citation, so interested people do not always receive notice of review.
Temporary estate administrators face notice deadline
Temporary estate administrators appointed on or after September 1, 2025, must file proof that required notice was served. Proof is due no later than the seventh day after the court issues letters of temporary administration. This gives the court a deadline for checking that notice reached the required people.
Sponsors & Cosponsors
Sponsors
Richard Hayes
House
Bryan Hughes
Republican • Senate
Cosponsors
César Blanco
Democratic • Senate
Roll Call Votes
Senate vote • 5/28/2025
Record vote
Yes: 0 • No: 0
House vote • 5/24/2025
Record vote
Yes: 133 • No: 0
House vote • 5/23/2025
Record vote
Yes: 107 • No: 24
Senate vote • 4/10/2025
Record vote
Yes: 0 • No: 0
Senate vote • 4/10/2025
Record vote
Yes: 0 • No: 0
Senate vote • Unknown
Committee vote: Jurisprudence
Yes: 5 • No: 0
House vote • Unknown
Committee vote: Judiciary & Civil Jurisprudence
Yes: 11 • No: 0
Actions Timeline
Effective on 9/1/25
6/20/2025HouseSigned by the Governor
6/20/2025HouseSent to the Governor
6/1/2025HouseSigned in the House
6/1/2025HouseSigned in the Senate
5/31/2025SenateReported enrolled
5/29/2025SenateSenate concurs in House amendment(s)-reported
5/29/2025HouseRecord vote
5/28/2025SenateSenate concurs in House amendment(s)
5/28/2025SenateRead
5/28/2025SenateHouse amendment(s) laid before the Senate
5/28/2025SenateHouse passage as amended reported
5/25/2025SenateStatement(s) of vote recorded in Journal
5/24/2025HouseRecord vote (RV#3454)
5/24/2025HousePassed
5/24/2025HouseRead 3rd time
5/24/2025HousePassed to 3rd reading as amended
5/23/2025HouseRecord vote (RV#3393)
5/23/2025HouseAmended (1-Schoolcraft)
5/23/2025HouseRead 2nd time
5/23/2025HousePlaced on General State Calendar
5/22/2025HouseConsidered in Calendars
5/20/2025HouseCommittee report sent to Calendars
5/19/2025HouseCommittee report distributed
5/19/2025HouseComte report filed with Committee Coordinator
5/16/2025House
Bill Text
Engrossed
Enrolled
House Committee Report
Introduced
Senate Committee Report
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