Amends TCA Title 32.
Under present law, a deceased person's duly proven will may be admitted to probate for the limited purpose of establishing a muniment (document/record) of title to real estate and personal property, without the necessity of granting letters testamentary or otherwise proceeding with administration. This provision applies regardless of the date of the person's death and regardless of any limitation on the time for admitting a will for probate. This bill rewrites the above provision to be as follows: (1) Upon the filing of a petition by one or more of the personal representatives named in the will, the will of a deceased person may be admitted to probate for the limited purpose of serving as a muniment of title to real or personal property of the deceased person. All beneficiaries named in the will and all heirs-at-law known to the petitioner must be identified in the petition. The clerk must mail a copy of the petition to each beneficiary upon receiving the filing. Unless the will of the deceased person is admitted to probate by order of the probate or chancery court, the document does not serve as a muniment of title. Unless the court orders otherwise, letters testamentary must not be issued and there must be no proceeding with administration; (2) If an item of real or personal property of the decedent whose will was admitted to probate as a muniment of title is sold within 12 months of the date of the deceased person's death, then the net proceeds of the sale of the item must be deposited with the clerk of the probate court that admitted the will of the deceased person to probate as a muniment of title subject to further order of that probate court; and (3) If an item of real or personal property of the decedent whose will was admitted to probate as a muniment of title is sold after more than 12 months from the date of the decedent's death, the net proceeds of the sale of the item must be distributed to the person who is the owner or owners of the item pursuant to the will of the deceased person admitted to probate as a muniment.
Under present law, a deceased person's duly proven will may be admitted to probate for the limited purpose of establishing a muniment (document/record) of title to real estate and personal property, without the necessity of granting letters testamentary or otherwise proceeding with administration. This provision applies regardless of the date of the person's death and regardless of any limitation on the time for admitting a will for probate. This bill rewrites the above provision to be as follows: (1) Upon the filing of a petition by one or more of the personal representatives named in the will, the will of a deceased person may be admitted to probate for the limited purpose of serving as a muniment of title to real or personal property of the deceased person. All beneficiaries named in the will and all heirs-at-law known to the petitioner must be identified in the petition. The clerk must mail a copy of the petition to each beneficiary upon receiving the filing. Unless the will of the deceased person is admitted to probate by order of the probate or chancery court, the document does not serve as a muniment of title. Unless the court orders otherwise, letters testamentary must not be issued and there must be no proceeding with administration; (2) If an item of real or personal property of the decedent whose will was admitted to probate as a muniment of title is sold within 12 months of the date of the deceased person's death, then the net proceeds of the sale of the item must be deposited with the clerk of the probate court that admitted the will of the deceased person to probate as a muniment of title subject to further order of that probate court; and (3) If an item of real or personal property of the decedent whose will was admitted to probate as a muniment of title is sold after more than 12 months from the date of the decedent's death, the net proceeds of the sale of the item must be distributed to the person who is the owner or owners of the item pursuant to the will of the deceased person admitted to probate as a muniment.
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