HB 3421 Texas House · 89th Legislature (2025)

Relating to decedents' estates and other matters involving probate courts.

HB 3421 updates Texas probate court procedures for handling decedents' estates. It requires clerks to electronically transmit key documents (like transfer certificates, final orders, and will copies) when transferring cases between counties, and mandates applicants to cover delivery costs for physical wills. The bill also clarifies that a will copy with a valid self-proving affidavit meets legal requirements for probate, and specifies that original wills or their paper copies must be stored in the county clerk's office where probated, with strict rules for temporary removal. These changes directly affect estate administrators, probate courts, and county clerks handling estate cases across Texas.
Bill status signed all 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
House Passage
May 2025
Senate Passage
May 2025
Signed into Law
Jun 2025
Introduced Mar 21, 2025 Signed Jun 20, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed Enrolled · 7 edits · Jun 20, 2025
MODERATE
This bill amends the Texas Estates Code to modernize probate procedures, primarily by adding requirements for electronic document transfers between courts and clarifying rules for handling wills that cannot be produced in court. The changes also update inventory and claim listing requirements, and add new provisions for surviving spouses' powers in community property situations.
Scope change
The bill expands the scope of electronic filing requirements to include all statutory courts and adds new provisions for surviving spouses' powers in community property estates.
REQUIREMENT

Added requirement for clerks to transfer probate documents electronically using the state's electronic filing system when transferring proceedings between counties.

Added new subsection allowing copies of self-proving affidavits with wills to be sufficient for making wills self-proved in court.

Modified inventory requirements to clarify what information must be included about estate property and marital status.

Added requirement for courts to deliver orders electronically to all parties in cases where electronic filing is required or authorized.

ELIGIBILITY

Added new powers for surviving spouses to manage community property when no qualified executor exists, including the ability to sue, sell, mortgage, and collect claims.

TECHNICAL

Repealed Section 403.060 of the Estates Code, which appears to be an obsolete provision.

TIMELINE

Set the effective date of the Act to September 1, 2025.

Floor votes · House May 8, 2025

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
51
Key actions
16
Committee
11
Jun 20, 2025
Signed into law
Signed by the Governor
executive
May 25, 2025
Upper · Passed
Signed in the Senate
upper
May 25, 2025
Lower · Passed
Signed in the House
lower
May 24, 2025
Lower · Passed
Senate passage reported
lower
May 23, 2025
Upper · Passed
Passed
upper
May 22, 2025
Upper · Passed
Committee report printed and distributed
upper
May 22, 2025
Upper · Passed
Reported favorably w/o amendments
upper
May 21, 2025
Upper · Passed
Vote taken in committee
upper
May 13, 2025
Committee
Referred to Jurisprudence
upper
May 13, 2025
Introduced
Read first time
upper
May 12, 2025
Introduced
Received from the House
upper
May 9, 2025
Lower · Passed
Passed
lower
May 8, 2025
Lower · Passed
Passed to engrossment
lower
Apr 22, 2025
Lower · Passed
Committee report sent to Calendars
lower
Apr 17, 2025
Lower · Passed
Committee report distributed
lower
Apr 8, 2025
Lower · Passed
Reported favorably w/o amendment(s)
lower
Apr 8, 2025
Lower · Passed
Recalled from subcommittee
lower
Mar 31, 2025
Lower · Passed
Left pending in subcommittee
lower
Mar 31, 2025
Lower · Passed
Testimony taken/registration(s) recorded in subcommittee
lower
Mar 21, 2025
Committee
Referred to s/c on Family & Fiduciary Relationships by Speaker
lower
Mar 21, 2025
Introduced
Read first time
lower
2 primary · 0 co-sponsors

Sponsors