The original will travels by tracked mail, with proof of delivery.
The bill tells the clerk of a court that transfers a probate case to send the original will, or the paper copy used to prove a lost will, to the new court's clerk by tracked mail or a carrier with proof of delivery. It touches county clerks handling probate files and the people who ask for a probate case to be moved. The person who asks for the transfer pays the delivery cost, and the rule covers pending and new cases starting September 1, 2025.
relating to the delivery of a will in probate proceedings
transferred to other courts.
WHAT IT DOES
The original will travels by tracked mail, with proof of delivery.
The bill tells the clerk of a court that transfers a probate case to send the original will, or the paper copy used to prove a lost will, to the new court's clerk by tracked mail or a carrier with proof of delivery. It touches county clerks handling probate files and the people who ask for a probate case to be moved. The person who asks for the transfer pays the delivery cost, and the rule covers pending and new cases starting September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
Names were not printed. No individual positions are inferred.
The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records final passage. Repeated tallies belong to separate votes.
Sources
CSSB 1839 (Zaffirini) Relating to the delivery of records, including a will, in probate proceedings transferred to other courts. (viva voce vote) (31-0) (31-0)
Published stock of positions for this vote, except where marked derived.
Yea: 31 (published)
Nay: 0 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed
Senate journal. Source snapshot 2026-10-19, Central time.
Names were not printed. No individual positions are inferred.
The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records suspension of the three-day rule. Repeated tallies belong to separate votes.
Sources
CSSB 1839 (Zaffirini) Relating to the delivery of records, including a will, in probate proceedings transferred to other courts. (viva voce vote) (31-0) (31-0)
Published stock of positions for this vote, except where marked derived.
Yea: 31 (published)
Nay: 0 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed
Senate journal. Source snapshot 2026-10-19, Central time.
Names were not printed. No individual positions are inferred.
The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records passage to engrossment. Repeated tallies belong to separate votes.
Voice vote. No numeric tally or individual yeas are inferred.
Sources
CSSB 1839 (Zaffirini) Relating to the delivery of records, including a will, in probate proceedings transferred to other courts. (viva voce vote) (31-0) (31-0)
Published stock of positions for this vote, except where marked derived.
Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed
Senate journal. Source snapshot 2026-10-19, Central time.
Witnesses5
For
5
Against
0
On
0
Names
For
Self1 registration
Self; County & district clerk association of tx1 registration
Self; Statutory Probate Courts of Texas1 registration
Self; Texas Real Estate and Probate Institute1 registration
Statutory Probate Judges of Texas1 registration
Sources
5 parsed registrations across the loaded witness lists.
Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.
House committee · Judiciary & Civil Jurisprudence · Committee vote 11 aye, 0 nay · Out of committee
Senate committee · Jurisprudence · Committee vote 4 aye, 0 nay, 1 absent · Out of committee
Subjects
Courts--Administration
Probate--Wills & Admin of Estates
RECORDS MANAGEMENT
Text
The text as introduced · 190 words
89R9355 BCH-F
By: Zaffirini
S.B. No. 1839
A BILL TO BE ENTITLED
AN ACT
relating to the delivery of a will in probate proceedings
transferred to other courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.105, Estates Code, is amended by
adding Subsections (h) and (i) to read as follows:
(h) The clerk of the transferring court shall deliver the
original will, or the paper copy of the will offered under Section
256.156 to prove a will that cannot be produced in court, as
applicable, to the clerk of the transferee court by:
(1) registered or certified mail, return receipt
requested;
(2) common or contract carrier, with proof of delivery
receipt; or
(3) designated delivery service, as defined by 26
U.S.C. Section 7502(f)(2), with proof of delivery receipt.
(i) The party requesting the transfer shall pay the cost of
delivery under Subsection (h).
SECTION 2. Sections 33.105(h) and (i), Estates Code, as
added by this Act, apply to a proceeding that is pending or
commenced on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.
Monitoring 