H.B. No. 245
    1-1                                AN ACT
    1-2  relating to the transfer of homestead property in certain small
    1-3  estates.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 137, Texas Probate Code, is amended to
    1-6  read as follows:
    1-7        Sec. 137.  COLLECTION OF SMALL ESTATES UPON AFFIDAVIT.  (a)
    1-8  The distributees of an estate shall be entitled thereto, to the
    1-9  extent that the assets, exclusive of homestead and exempt property,
   1-10  exceed the known liabilities of said estate, without awaiting the
   1-11  appointment of a personal representative when:
   1-12              (1) <(a)>  No petition for the appointment of a
   1-13  personal representative is pending or has been granted; and
   1-14              (2) <(b)>  Thirty days have elapsed since the death of
   1-15  the decedent; and
   1-16              (3) <(c)>  The value of the entire assets of the
   1-17  estate, not including homestead and exempt property, does not
   1-18  exceed $50,000; and
   1-19              (4) <(d)>  There is filed with the clerk of the court
   1-20  having jurisdiction and venue an affidavit sworn to by two
   1-21  disinterested witnesses and by such distributees as have legal
   1-22  capacity, and, if the facts warrant, by the natural guardian or
   1-23  next of kin of any minor or incompetent who is also a distributee,
   1-24  which affidavit shall be examined by the judge of the court having
    2-1  jurisdiction and venue; the judge may find, in his discretion, that
    2-2  the affidavit conforms to the terms of this section; if the judge
    2-3  approves the affidavit, the affidavit is to be recorded as an
    2-4  official public record under Chapter 194, Local Government Code, or
    2-5  if the county has not adopted a microfilm or microphotographic
    2-6  process under Chapter 194, Local Government Code, the affidavit
    2-7  must be recorded in "Small Estates" records by the clerk, showing
    2-8  the existence of the foregoing conditions, including a list of the
    2-9  assets and liabilities of the estate, the names and addresses of
   2-10  the distributees, and their right to receive the money or property
   2-11  of the estate, or to have such evidences of money, property or
   2-12  other rights of the estate as found to exist transferred to them,
   2-13  being heirs, devisees, or assignees, and listing all assets and
   2-14  known liabilities of the estates; and
   2-15              (5) <(e)>  A copy of such affidavit, certified to by
   2-16  said clerk, is furnished by the distributees of the estate to the
   2-17  person or persons owing money to the estate, having custody or
   2-18  possession of property of the estate, or acting as registrar,
   2-19  fiduciary or transfer agent of or for evidences of interest,
   2-20  indebtedness, property or other right belonging to said estate.
   2-21        (b)  This section does not affect the disposition of property
   2-22  under the terms of a will or other testamentary document nor,
   2-23  except as provided by Subsection (c) of this section, does it
   2-24  transfer title to real property.
   2-25        (c)  Title to a homestead that is the only real property in a
   2-26  decedent's estate may be transferred on an affidavit that meets the
   2-27  requirements of this section.  An affidavit that is used to
    3-1  transfer title to a homestead under this section must be recorded
    3-2  in the deed records of a county in which the homestead is located.
    3-3  A purchaser for value may rely on a recorded affidavit under this
    3-4  section.  A bona fide purchaser for value without actual or
    3-5  constructive notice of an heir who is not disclosed in a recorded
    3-6  affidavit under this section acquires title to a  homestead free of
    3-7  the interests of the undisclosed heir,  but the bona fide purchaser
    3-8  remains subject to a claim a creditor of the decedent has as
    3-9  provided by law.  A person has constructive notice of the rights of
   3-10  an  heir who is not disclosed in a recorded affidavit under this
   3-11  section if an affidavit, judgment of heirship, or title transaction
   3-12  in the chain of title in the deed records states that the heir of
   3-13  the decedent who is not disclosed in the affidavit is an heir of
   3-14  the decedent.  An heir who is not disclosed in a recorded affidavit
   3-15  under this section may recover from an heir who receives
   3-16  consideration in a transfer to a bona fide purchaser for value of
   3-17  title to a homestead passing under the affidavit.
   3-18        (d)  The  <Henceforth the> county clerk of every county that
   3-19  has not adopted a microfilm or microphotographic process under
   3-20  Chapter 194, Local Government Code, <in this state> shall provide
   3-21  and keep in his office an appropriate book labeled "Small Estates,"
   3-22  with accurate index, in which he shall record every such affidavit
   3-23  so filed, upon being paid his legal recording fee, said index to
   3-24  show the name of decedent and reference to land, if any, involved.
   3-25        SECTION 2.  This Act takes effect September 1, 1993, and
   3-26  applies only to the distribution of the estate of a decedent who
   3-27  dies on or after the effective date of this Act.  The distribution
    4-1  of the estate of a decedent who dies before the effective date of
    4-2  this Act is covered by the law in effect when the decedent died,
    4-3  and the former law is continued in effect for that purpose.
    4-4        SECTION 3.  The importance of this legislation and the
    4-5  crowded condition of the calendars in both houses create an
    4-6  emergency   and   an   imperative   public   necessity   that   the
    4-7  constitutional rule requiring bills to be read on three several
    4-8  days in each house be suspended, and this rule is hereby suspended.