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Committee votes to require transfer of original wills in county‑to‑county probate moves; bill left pending
Summary
Senate Bill 1839 would require clerks transferring probate proceedings to deliver the original or paper copy of a will to the transferee clerk, using qualified delivery methods and at the requester’s expense. County district clerks supported the change and the committee left the bill pending.
Senate Bill 1839 would require a clerk who transfers a probate proceeding to deliver the original or a paper copy of the will to the clerk of the transferee court and permit the requesting party to pay delivery costs. The Senate Committee on Jurisprudence heard testimony from a county district clerk and probate‑court stakeholders and left the bill pending.
Sen. Seah Zaffirini (Dean’s bill explained earlier in the hearing) said electronic transfers of probate records can create authenticity concerns and that courts often need the original will. The committee substitute uses the phrase “qualified delivery methods” to allow for secure methods that may evolve over time.
Patty Henry, Chambers County district clerk and representative of the County District Clerk’s Association of Texas, testified in support and said the change aligns statutory practice with the realities of electronic filing while ensuring original documents accompany transferred matters when needed. She told the committee that certified‑mail return receipt had proven unreliable in some contexts, so the substitute language allows flexibility in secure delivery options.
The committee heard no public opposition and took no final vote; the bill remains pending.
