SB1839

Regular Session

Relating to the delivery of records, including a will, in probate proceedings transferred to other courts.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

County Clerks • Probate Courts

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Applies immediately to any Motion to Transfer Venue filed on or after this date, even for cases filed prior to 2025).
Agency Rulemaking: No central rulemaking is mandated; however, individual County Clerks will establish local protocols for courier payment acceptance and carrier preference immediately upon effectiveness.

Immediate Action Plan

1. Audit Pending Cases: Identify any probate matters likely to require a change of venue after September 1, 2025.
2. Update Transfer Checklists: Add a mandatory step: "Pre-pay/arrange physical shipping of Original Will" to your Motion to Transfer workflows.
3. Verify Insurance Coverage: Confirm your professional liability or office package policy covers the loss of original client documents (valuable papers coverage) while in transit by a third party.
4. Establish Clerk Protocols: Contact the County Clerks in your primary jurisdictions to determine their preferred payment method for these shipping costs (e.g., escrow account deduction vs. separate check).

Operational Changes Required

Contracts

Client Engagement Letters: Update fee provisions to explicitly categorize "courier and qualified delivery costs for venue transfers" as billable pass-through expenses.
Vendor Agreements: If utilizing third-party court runners, amend scopes of work to authorize them to advance payment for shipping costs at the Clerk's counter.

Hiring/Training

Paralegal & Support Staff: Train staff on the new "Two-Track Transfer" protocol. They must understand that a transfer order is no longer sufficient to move the whole file; they must actively arrange for the physical movement of the will.
Risk Management: Staff must be trained to demand and log tracking numbers for the original will immediately upon the Clerk's release of the document.

Reporting & Record-Keeping

Chain of Custody: Implement a log specifically for transferred original wills. Do not rely on the electronic docket. You must possess physical proof of delivery (signature confirmation) from the receiving court to defend against claims of lost instruments.

Fees & Costs

New Statutory Cost: The applicant must pay the actual cost of the "qualified delivery method" (e.g., Certified Mail, FedEx, UPS).
Budgeting: While the individual cost is low ($10-$50), the administrative friction of processing these micro-payments with County Clerks can cause delays if not pre-authorized.

Strategic Ambiguities & Considerations

"Qualified Delivery Method" Interpretation: The statute references "qualified delivery," but County Clerks have discretion on specific carriers. Some may strictly require USPS Certified Mail; others may allow private couriers (FedEx/UPS).
*Risk:* A Clerk may refuse to ship a will using your firm's FedEx account number, demanding a check or cash instead, stalling the transfer.
Payment Timing vs. Transfer Delay: The law does not explicitly state whether the Clerk can withhold the *electronic* transfer of the case file until the *physical* shipping cost for the will is paid. Expect Clerks to hold the entire transfer until all fees are settled.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCourts Courts--administration Probate Probate--wills & Admin of Estates Records Management

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1839
89R9355 BCH-F	By: Zaffirini
	Jurisprudence
	3/24/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In 2023 S.B. 1612 and H.B. 3474 established a process for transferring probate proceeding records between county courts in Texas. These bills allow for the transfer of a will or a copy of a will through the electronic filing system. While electronic copies can facilitate transfers, they also can create issues with authenticity and the potential for tampering or loss of crucial documents.

S.B. 1839 would require the original will or a paper copy that cannot be produced in court to be sent to the transferee court using a trackable delivery method, such as registered or certified mail, common or contract carriers, or designated delivery services with proof of receipt. The requesting party would cover the delivery cost. This change would ensure secure transfers and prevent tampering.

As proposed, S.B. 1839 amends current law relating to the delivery of a will in probate proceedings transferred to other courts.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 33.105, Estates Code, by adding Subsections (h) and (i), as follows:

(h) Requires the clerk of the transferring court to deliver the original will, or the paper copy of the will offered under Section 256.156 (Proof of Will not Produced in Court) to prove a will that cannot be produced in court, as applicable, to the clerk of the transferee court by registered or certified mail, return receipt requested; common or contract carrier, with proof of delivery receipt; or designated delivery service, as defined by 26 U.S.C. Section 7502(f)(2), with proof of delivery receipt.

(i) Requires the party requesting the transfer to pay the cost of delivery under Subsection (h).

SECTION 2. Makes application of Sections 33.105(h) and (i), Estates Code, as added by this Act, prospective.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

House Sponsor

Rep. Harold DuttonDemocrat · Primary Sponsor

Bill Text(with markup)

S.B. No. 1839

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the delivery of records, including 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
	amending Subsection (a) and adding Subsection (a-1) to read as
	follows:
	(a) If a probate proceeding is transferred to a court in
	another county under this chapter, the clerk of the transferring
	court shall send to the clerk of the court to which the proceeding
	is transferred:
	(1) [,] using the electronic filing system established
	under Section 72.031, Government Code:
	(A) [~~(1)~~] a transfer certificate and index of
	transferred documents;
	(B) [~~(2)~~] a copy of each final order;
	(C) [~~(3)~~] a copy of the order of transfer signed
	by the transferring court;
	(D) [~~(4)~~] a copy of the original papers filed in
	the transferring court[~~, including a copy of any will~~];
	(E) [~~(5)~~] a copy of the transfer certificate and
	index of transferred documents from each previous transfer; and
	(F) [~~(6)~~] a bill of any costs accrued in the
	transferring court; and
	(2) by a qualified delivery method, 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.
	(a-1) If applicable, the applicant who requested to
	transfer a probate proceeding shall pay the cost of delivery under
	Subsection (a)(2).
	SECTION 2. Section 33.105, Estates Code, as amended by this
	Act, applies 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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 25, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1839 by Zaffirini (Relating to the delivery of a will in probate proceedings transferred to other courts.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, KDw, BC, CWi

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Frequently Asked Questions

Common questions about SB1839

What does Texas SB1839 do?

SB1839 mandates a bifurcated workflow for transferring probate cases between venues: while case files transfer electronically, original wills must now be physically transported via a "qualified delivery method. " This law shifts the logistical burden and direct cost of shipping original instruments to the applicant requesting the transfer, affecting all law firms, corporate fiduciaries, and trust departments managing estate litigation. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Applies immediately to any Motion to Transfer Venue filed on or after this date, even for cases filed prior to 2025).

Who authored SB1839?

SB1839 was authored by Texas Senator Judith Zaffirini during the Regular Session.

When was SB1839 signed into law?

SB1839 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB1839?

SB1839 is enforced by County Clerks and Probate Courts.

How urgent is compliance with SB1839?

The compliance urgency for SB1839 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1839?

The cost impact of SB1839 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1839 address?

SB1839 addresses topics including courts, courts--administration, probate, probate--wills & admin of estates and records management.

Legislative data provided by LegiScanLast updated: November 25, 2025

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