By: De la Garza H.B. No. 245
72S40062 CLG-D
A BILL TO BE ENTITLED
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 affidavit under this
2-27 section. An affidavit that is used to transfer title to a
3-1 homestead under this section must be recorded in the deed records
3-2 of a county in which the homestead is located.
3-3 (d) The <Henceforth the> county clerk of every county that
3-4 has not adopted a microfilm or microphotographic process under
3-5 Chapter 194, Local Government Code, <in this state> shall provide
3-6 and keep in his office an appropriate book labeled "Small Estates,"
3-7 with accurate index, in which he shall record every such affidavit
3-8 so filed, upon being paid his legal recording fee, said index to
3-9 show the name of decedent and reference to land, if any, involved.
3-10 SECTION 2. This Act takes effect September 1, 1993, and
3-11 applies only to the distribution of the estate of a decedent who
3-12 dies on or after the effective date of this Act. The distribution
3-13 of the estate of a decedent who dies before the effective date of
3-14 this Act is covered by the law in effect when the decedent died,
3-15 and the former law is continued in effect for that purpose.
3-16 SECTION 3. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.