By: Harris S.B. No. 1106
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a statement of facts concerning the identity of heirs.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 52, Texas Probate Code, is amended to
1-4 read as follows:
1-5 Sec. 52. RECORDED INSTRUMENTS AS PRIMA FACIE EVIDENCE.
1-6 (a) A [Any] statement of facts concerning the family history,
1-7 genealogy, marital status, or the identity of the heirs of a
1-8 decedent shall be received in a proceeding to declare heirship, or
1-9 in a [any] suit involving title to real or personal property, as
1-10 prima facie evidence of the facts therein stated, if the [when
1-11 such] statement is contained in either an affidavit or any other
1-12 instrument legally executed and acknowledged or sworn to before,
1-13 and certified by, an officer authorized to take acknowledgments or
1-14 oaths as applicable, or any judgment of a court of record, and if
1-15 the [such] affidavit or instrument has been of record for five
1-16 years or more in the deed records of any county in this state in
1-17 which such real or personal property is located at the time the
1-18 suit is instituted, or in the deed records of any county of this
1-19 state in which the decedent had his domicile or fixed place of
1-20 residence at the time of his death. If there is any error in the
1-21 statement of facts in such recorded affidavit or instrument, the
1-22 true facts may be proved by anyone interested in the proceeding in
1-23 which said affidavit or instrument is offered in evidence.
1-24 (b) An affidavit of facts concerning the identity of heirs
2-1 of a decedent as to an interest in real property that is filed in a
2-2 proceeding or suit described by Subsection (a) of this section may
2-3 be in the form described by Section 52A of this code.
2-4 (c) An affidavit of facts concerning the identity of heirs
2-5 of a decedent does not affect the rights of an omitted heir or a
2-6 creditor of the decedent as otherwise provided by law. This
2-7 statute shall be cumulative of all other statutes on the same
2-8 subject, and shall not be construed as abrogating any right to
2-9 present evidence or to rely on an affidavit of facts conferred by
2-10 any other statute or rule of law.
2-11 SECTION 2. Chapter III, Texas Probate Code, is amended by
2-12 adding Section 52A to read as follows:
2-13 Sec. 52A. FORM OF AFFIDAVIT OF FACTS CONCERNING IDENTITY OF
2-14 HEIRS. An affidavit of facts concerning the identity of heirs of a
2-15 decedent may be in substantially the following form:
2-16 AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
2-17 Before me the undersigned authority, on this day personally
2-18 appeared _____________ ("Affiant") (insert name of affiant) who,
2-19 being first duly sworn, upon his/her oath states:
2-20 1. My name is ____________ (insert name of affiant), and I
2-21 live at ______________ (insert address of affiant's residence). I
2-22 am personally familiar with the family and marital history of
2-23 _____________ ("Decedent") (insert name of decedent), and I have
2-24 personal knowledge of the facts stated in this affidavit.
2-25 2. I knew decedent from ___________ (insert date) until
2-26 ___________ (insert date). Decedent died on __________ (insert
3-1 date of death). Decedent's place of death was __________ (insert
3-2 place of death). At the time of decedent's death, decedent's
3-3 residence was __________ (insert address of decedent's residence).
3-4 3. Decedent's marital history was as follows: (insert
3-5 marital history and, if decedent's spouse is deceased, insert date
3-6 and place of spouse's death).
3-7 4. Decedent had the following children: (insert name, birth
3-8 date, name of other parent, and current address of child or date of
3-9 death of child and descendants of deceased child, as applicable,
3-10 for each child). (If decedent had no children or descendants,
3-11 insert names of ascendants and their descendants.)
3-12 5. Decedent did not have or adopt any other children and did
3-13 not take any other children into decedent's home or raise any other
3-14 children, except: _____________ (insert name of child or names of
3-15 children or state "none").
3-16 6. Decedent died without leaving a written will. (Modify
3-17 statement if decedent died leaving a will.)
3-18 7. There has been no administration of decedent's estate.
3-19 (Modify statement if there has been an administration of decedent's
3-20 estate.)
3-21 8. Decedent left no debts that are unpaid, except:
3-22 ____________ (insert list of debts, or state "none").
3-23 9. There are no unpaid estate or inheritance taxes, except:
3-24 _______________ (insert list of unpaid taxes, or state "none").
3-25 10. To the best of my knowledge, decedent owned an interest
3-26 in the following real property: ________________ (describe real
4-1 property in which decedent owned an interest, or state "none").
4-2 11. Decedent had the following heirs: _______________
4-3 (insert names of heirs or state "none").
4-4 12. (Insert additional information as appropriate, such as
4-5 size of the decedent's estate.)
4-6 Signed this ____ day of ____________, ______.
4-7 ______________________
4-8 (signature of affiant)
4-9 State of ________________
4-10 County of _______________
4-11 Sworn to and subscribed to before me on ________________ (date) by
4-12 _____________________ (insert name of affiant).
4-13 _______________________________
4-14 (signature of notarial officer)
4-15 (Seal, if any, of notary) _______________________________
4-16 (printed name)
4-17 My commission expires: ________
4-18 SECTION 3. (a) This Act takes effect September 1, 1999, and
4-19 applies only to an affidavit of facts concerning the identity of
4-20 heirs of a decedent that is executed on or after the effective date
4-21 of this Act.
4-22 (b) An affidavit of facts concerning the identity of heirs
4-23 of a decedent that is executed before the effective date of this
4-24 Act is governed by the law in effect on the date the affidavit was
4-25 executed, and the former law is continued in effect for that
4-26 purpose.
5-1 SECTION 4. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.