The supreme court must create certain probate forms and instructions, make them publicly available, translate them into Spanish, and ensure forms include specific notices. Probate court clerks must publicize the forms and provide them free, and probate courts must accept the forms unless they contain an uncured substantive defect.
Sec. 22.020. PROMULGATION OF CERTAIN PROBATE FORMS. (a) In this section: (1) "Probate court" has the meaning assigned by Section 22.007, Estates Code. (2) "Probate matter" has the meaning assigned by Section 22.029, Estates Code. (3) "Transfer on death deed" has the meaning assigned by Section 114.002, Estates Code. (b) The supreme court shall, as the court considers appropriate, promulgate: (1) forms for use by individuals representing themselves in certain probate matters, including forms for use in: (A) a small estate affidavit proceeding under Chapter 205, Estates Code; and (B) the probate of a will as a muniment of title under Chapter 257, Estates Code; (2) a simple will form for: (A) a married individual with an adult child; (B) a married individual with a minor child; (C) a married individual with no children; (D) an unmarried individual with an adult child; (E) an unmarried individual with a minor child; and (F) an unmarried individual with no children; (2-a) a form for use to create a transfer on death deed and a form for use to create an instrument of revocation of a transfer on death deed under Chapter 114, Estates Code; and (3) instructions for the proper use of each form or set of forms. (c) The forms and instructions: (1) must be written in plain language that is easy to understand by the general public; (2) shall be made readily available to the general public in the manner prescribed by the supreme court; and (3) must be translated into the Spanish language as provided by Subsection (d). (d) The Spanish language translation of a form must: (1) state: (A) that the Spanish language translated form is to be used solely for the purpose of assisting in understanding the form and may not be submitted to the probate court; and (B) that the English language version of the form must be submitted to the probate court; or (2) be incorporated into the English language version of the form in a manner that is understandable to both the probate court and members of the general public. (e) Each form and its instructions must clearly and conspicuously state that the form is not a substitute for the advice of an attorney. (f) The clerk of a probate court shall inform members of the general public of the availability of a form promulgated by the supreme court under this section as appropriate and make the form available free of charge. (g) A probate court shall accept a form promulgated by the supreme court under this section unless the form has been completed in a manner that causes a substantive defect that cannot be cured. Added by Acts 2015, 84th Leg., R.S., Ch. 602 (S.B. 512), Sec. 1, eff. September 1, 2015. Amended by: Acts 2019, 86th Leg., R.S., Ch. 337 (S.B. 874), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 337 (S.B. 874), Sec. 2, eff. September 1, 2019.