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SB1335

Regular Session

Relating to decedents' estates.

Moderate
Low Cost
Effective:2025-09-01
Enforcing Agencies

County Clerks • County Courts at Law (Probate Jurisdiction) • Texas Probate Courts

SB1335
Moderate
Relating to decedents' estates.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
County ClerksCounty Courts at LawTexas Probate Courts
Primary Author: Sen. Judith Zaffirini
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025.
  • Compliance Deadline: September 1, 2025. (Note: Internal mailroom protocols must be updated *before* this date to catch notices arriving on Day 1).
  • Agency Rulemaking: None. This is a statutory change to the Texas Estates Code enforced directly by Probate Courts. No waiting period for agency guidance exists.

Immediate Action Plan

  • 1. Audit Active Dockets: Review all open estate administrations. File any delinquent Annual Accountings before September 1, 2025, to avoid becoming a test case for the new removal procedures.
  • 2. Update Legal Templates: Redraft your *Order Approving Final Account* to include the mandatory phrase: *"It is ORDERED that the Letters [Testamentary/of Administration] are hereby canceled and the sureties on the bond are released."*
  • 3. Revise Mail Protocols: Issue a directive to administrative staff that certified mail from Texas courts is a "Priority 1" document requiring immediate escalation to Legal Counsel.
  • 4. Notify Surety Partners: Inform your bonding agencies that you will require the new statutory discharge language in all closing orders to ensure they release collateral immediately.

Operational Changes Required

Contracts

  • Indemnity & Release Agreements: Update "Receipt, Release, and Refunding" agreements used with beneficiaries. Definitions of "Termination of Authority" must align with the new statutory requirement that authority ends upon the entry of the order canceling Letters.
  • Bonding Agreements: Ensure agreements with surety companies reflect that liability is statutorily extinguished upon the specific court order language required by amended Section 362.012.

Hiring/Training

  • Mailroom & Intake Staff: Train staff to treat certified mail or courier packages from County Clerks or Probate Courts with the same urgency as a subpoena. Under the new law, a certified letter sitting unopened on a desk constitutes valid service for removal proceedings initiated by the Court.
  • Legal Staff: Attorneys must be trained to distinguish between a *Motion to Remove* filed by a beneficiary (requires personal service) and one filed by the *Court* (requires only qualified delivery).

Reporting & Record-Keeping

  • Legal Templates: Revise all *Motion to Close* and *Order Closing Estate* templates immediately. You must insert specific language requesting the court to "cancel the Letters" and "release the sureties." Without this language, the estate is not statutorily closed, and bond liability remains active.
  • Docket Management: Audit all active probate files. Any file with a past-due annual accounting is at immediate risk of a "removal by mail" order post-September 1.

Fees & Costs

  • Litigation Costs: Potential reduction in costs for estates where the PR must be removed, as process server fees are eliminated for court-initiated motions.
  • Bond Premiums: No direct statutory fee change, but the clearer liability cut-off may provide leverage to negotiate lower "tail" premiums with surety carriers.

Strategic Ambiguities & Considerations

  • "Qualified Delivery" Interpretation: The law allows notice by "qualified delivery method" (e.g., certified mail, private courier with proof of delivery). It is currently ambiguous whether a signature by a general mailroom clerk constitutes sufficient notice for a specific corporate officer. Assume it does. Do not rely on a defense that the specific Trust Officer did not sign the receipt.
  • The "Court's Own Motion" Trap: The simplified mail notice applies *only* when the Court initiates removal. If a beneficiary files a complaint, personal service is still required. There is a strategic risk that hostile beneficiaries may informally "tip off" the Court to initiate the motion itself to bypass the cost and delay of personal service.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 18, 2025
Passed Senate
Apr 24, 2025
Passed House
May 28, 2025
Signed
Jun 20, 2025
TopicsProbateProbate--wills & Admin of EstatesCourtsCourts--general
03

Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

House Sponsor

Rep. Brooks LandgrafRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB1335

Q

What does Texas SB1335 do?

SB1335 significantly increases the procedural risk for corporate fiduciaries by allowing courts to remove a Personal Representative (PR) via certified mail notice rather than requiring personal service by a process server. Additionally, the law mandates that all court orders closing an estate must explicitly cancel Letters Testamentary and release sureties, creating a hard statutory stop for liability. Implementation Timeline Effective Date: September 1, 2025.

Q

Who authored SB1335?

SB1335 was authored by Texas Senator Judith Zaffirini during the Regular Session.

Q

When was SB1335 signed into law?

SB1335 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB1335?

SB1335 is enforced by County Clerks, County Courts at Law (Probate Jurisdiction) and Texas Probate Courts.

Q

How urgent is compliance with SB1335?

The compliance urgency for SB1335 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of SB1335?

The cost impact of SB1335 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB1335 address?

SB1335 addresses topics including probate, probate--wills & admin of estates, courts and courts--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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