Tex.
Gov't Code Section 22.020
Promulgation of Certain Probate Forms
(a)
In this section:(1)
“Probate court” has the meaning assigned by Section 22.007 (Court; County Court, Probate Court, and Statutory Probate Court), Estates Code.(2)
“Probate matter” has the meaning assigned by Section 22.029 (Probate Matter; Probate Proceedings; Proceeding in Probate; Proceedings for Probate), Estates Code.(3)
“Transfer on death deed” has the meaning assigned by Section 114.002 (Definitions), 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 (Small Estate Affidavit), Estates Code; and(B)
the probate of a will as a muniment of title under Chapter 257 (Probate of Will as Muniment of Title), 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 (Transfer on Death Deed), 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.
Source:
Section 22.020 — Promulgation of Certain Probate Forms, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.22.htm#22.020 (accessed Jun. 5, 2024).
