HBA-SEP S.B. 723 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 723 By: Bernsen Judicial Affairs 3/27/2001 Engrossed BACKGROUND AND PURPOSE Previous sessions of the legislature, in response to privacy concerns, removed the requirement that the applicant's social security number be included in certain types of probate applications, however, the requirement remains for an application for probate of a will. Other legislative changes regarding claims against a decedent's estate make the provision permitting suits on rejected claims in courts other than the court with the original jurisdiction inconsistent with current claims procedures. Furthermore, current law authorizes only an executor or administrator to administer community property, though an executor is only one type of personal representative that a court is authorized to appoint for a decedent's estate. Senate Bill 723 modifies provisions relating to the probate and administration of a decedent's estate. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 723 amends the Texas Probate Code by deleting the provision that requires an application for probate of a will to include the social security number of the applicant and of the decedent. The bill replaces the terms "executor" and "administrator" with the term "personal representative." The bill also deletes provisions that allow the case to be heard in a court other than the court in which the probate is pending. EFFECTIVE DATE September 1, 2001.