Texas continues to chug along in 2025 with its many new laws. While some may seem mundane, these legal tweaks could significantly impact how estates are handled and how victims, particularly elderly ones, are treated within the legal system. This post takes a closer look at these changes and what they mean.
Executor Representation: A Narrow Exception
The Rule: Executors Cannot Represent Estates Pro Se
It has always been accepted in Texas that the executor of an estate cannot represent the estate pro se (without an attorney). This rule was put in place because the executor acts in a representative capacity, meaning they are responsible for handling the rights of third parties, which is often complex and requires legal expertise.
The New Exception: Suday v. Suday (2025)
In Suday v. Suday (2025), the Texas Supreme Court made a significant change:
- Exception to the rule: An executor may represent the estate pro se if they are also the sole beneficiary of the estate.
- Why the exception: If the executor makes a mistake, they are the only person who will be harmed, since they stand to lose everything.
- Court’s tone: While the decision allows for this exception, the opinion hints that pro se litigants often struggle.
Key takeaway: Executors, just because you can represent yourself doesn’t mean it’s the best choice. Probate law can be tricky.
Handling a Lost Will: S.B. 1448
The Importance of the Original Will
When someone dies, the original will is typically filed with the court clerk. But what happens if the original will can’t be found?
New Rules on Handling a Copy of the Will
S.B. 1448 outlines the rules for handling a copy of a lost will:
- Copies allowed: If the original will is lost, a copy can be filed.
- Handling a copy: Specific rules are set out to handle copies and ensure their authenticity.
- Message behind the law: “Don’t lose the original will.” Losing it can complicate probate proceedings.
Community vs. Separate Property in Probate
The Complications of Texas Property Law
Texas is a community property state, meaning both spouses jointly own property acquired during marriage. This creates complexities when someone passes away, as assets must be divided between community and separate property.
How S.B. 1448 Aims to Simplify the Process
S.B. 1448 addresses the confusion by:
- Clarifying how to classify assets as community property or separate property.
- Simplifying probate for executors, heirs, and beneficiaries by making these distinctions clearer.
Court Orders: No More Guessing
The Previous Problem
Historically, some statutory probate courts didn’t notify parties when they signed an order in a case, leading attorneys and family members to check court files daily for updates.
The Change: S.B. 1448 Requirement
S.B. 1448 fixes this by requiring statutory probate courts to send signed orders through the state’s e-file system, starting September 1, 2025. This change means:
- Automatic notifications: Parties involved in probate cases will now be notified automatically when an order is signed.
- Fewer delays: This eliminates the need to check court files every day for updates.
Video Depositions for Elderly Witnesses
The Challenge: Court Testimony and Mobility
It’s a sad reality that many elderly individuals, especially victims or key witnesses, are unable to attend court due to mobility issues or the stress of testifying in person. This often delays the justice process.
The New Option: H.B. 2348
H.B. 2348 now allows elderly witnesses to give testimony via video deposition instead of having to appear in court:
- Why this matters: Elderly victims or witnesses can now avoid the physical and emotional stress of court appearances.
- A more accessible justice system: This change makes it easier for elderly individuals to participate without undue hardship.
Increased Penalty for Indecent Assault Against Elderly or Disabled Individuals
The Need for Stricter Penalties
Indecent assault is a serious crime, but it has historically been a misdemeanor, even when the victim is elderly or disabled, a population especially vulnerable to harm.
The Change: H.B. 2593
H.B. 2593 increases the penalty for indecent assault against elderly or disabled individuals, changing it from a misdemeanor to a second-degree felony. This means:
- Stronger consequences for offenders.
- Better protection for vulnerable individuals in Texas.
New Training Requirements for Guardians of Individuals with Alzheimer’s or Dementia
The Problem: Guardians Unprepared for Dementia Care
Many family members who are appointed as guardians for individuals with Alzheimer’s or dementia often lack the training necessary to provide proper care. This can result in poor decisions or inadequate care.
The Solution: H.B. 3376’s Training Requirements
H.B. 3376 now mandates that all guardians of individuals with Alzheimer’s or dementia take a 1-hour training course on dementia care. Key details include:
- When to take it: Guardians must take the course within 6 months of being appointed and then annually after that.
- Who needs it: The training is required for guardians if the ward is 60 years or older, or if the ward is younger than 60 but has been diagnosed with Alzheimer’s, dementia, or a related disorder.
- Free training: The course will be provided free of charge by the Judicial Branch Certification Commission (JBCC), starting July 1, 2026.
Federal Estate Tax Exemption: A Permanent Change
A Relief for Estate Planners
Good news for estate planners: the Federal estate tax exemption has been made permanent with a base amount of $15 million. This means:
- More certainty for individuals with large estates.
- Less worry about future changes to the estate tax laws.
- This change allows individuals to pass on wealth without incurring federal estate taxes
How These Changes Could Affect You
The team at Hammerle Morris Law Firm is here to help you navigate these 2025 Texas legal changes. Whether you have questions about probate updates, guardianship requirements, or protecting vulnerable loved ones, we’re ready to guide you every step of the way. Don’t wait to secure your plans—schedule a consultation with us today.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
