1-1 By: Harris S.B. No. 1106
1-2 (In the Senate - Filed March 10, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 25, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 25, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1106 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to a statement of facts concerning the identity of heirs.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 52, Texas Probate Code, is amended to
1-13 read as follows:
1-14 Sec. 52. RECORDED INSTRUMENTS AS PRIMA FACIE EVIDENCE.
1-15 (a) A [Any] statement of facts concerning the family history,
1-16 genealogy, marital status, or the identity of the heirs of a
1-17 decedent shall be received in a proceeding to declare heirship, or
1-18 in a [any] suit involving title to real or personal property, as
1-19 prima facie evidence of the facts therein stated, if the [when
1-20 such] statement is contained in either an affidavit or any other
1-21 instrument legally executed and acknowledged or sworn to before,
1-22 and certified by, an officer authorized to take acknowledgments or
1-23 oaths as applicable, or any judgment of a court of record, and if
1-24 the [such] affidavit or instrument has been of record for five
1-25 years or more in the deed records of any county in this state in
1-26 which such real or personal property is located at the time the
1-27 suit is instituted, or in the deed records of any county of this
1-28 state in which the decedent had his domicile or fixed place of
1-29 residence at the time of his death. If there is any error in the
1-30 statement of facts in such recorded affidavit or instrument, the
1-31 true facts may be proved by anyone interested in the proceeding in
1-32 which said affidavit or instrument is offered in evidence.
1-33 (b) An affidavit of facts concerning the identity of heirs
1-34 of a decedent as to an interest in real property that is filed in a
1-35 proceeding or suit described by Subsection (a) of this section may
1-36 be in the form described by Section 52A of this code.
1-37 (c) An affidavit of facts concerning the identity of heirs
1-38 of a decedent does not affect the rights of an omitted heir or a
1-39 creditor of the decedent as otherwise provided by law. This
1-40 statute shall be cumulative of all other statutes on the same
1-41 subject, and shall not be construed as abrogating any right to
1-42 present evidence or to rely on an affidavit of facts conferred by
1-43 any other statute or rule of law.
1-44 SECTION 2. Chapter III, Texas Probate Code, is amended by
1-45 adding Section 52A to read as follows:
1-46 Sec. 52A. FORM OF AFFIDAVIT OF FACTS CONCERNING IDENTITY OF
1-47 HEIRS. An affidavit of facts concerning the identity of heirs of a
1-48 decedent may be in substantially the following form:
1-49 AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
1-50 Before me the undersigned authority, on this day personally
1-51 appeared _____________ ("Affiant") (insert name of affiant) who,
1-52 being first duly sworn, upon his/her oath states:
1-53 1. My name is ____________ (insert name of affiant), and I
1-54 live at ______________ (insert address of affiant's residence). I
1-55 am personally familiar with the family and marital history of
1-56 _____________ ("Decedent") (insert name of decedent), and I have
1-57 personal knowledge of the facts stated in this affidavit.
1-58 2. I knew decedent from ___________ (insert date) until
1-59 ___________ (insert date). Decedent died on __________ (insert
1-60 date of death). Decedent's place of death was __________ (insert
1-61 place of death). At the time of decedent's death, decedent's
1-62 residence was __________ (insert address of decedent's residence).
1-63 3. Decedent's marital history was as follows: (insert
1-64 marital history and, if decedent's spouse is deceased, insert date
2-1 and place of spouse's death).
2-2 4. Decedent had the following children: (insert name, birth
2-3 date, name of other parent, and current address of child or date of
2-4 death of child and descendants of deceased child, as applicable,
2-5 for each child). (If decedent had no children or descendants,
2-6 insert names of ascendants and their descendants.)
2-7 5. Decedent did not have or adopt any other children and did
2-8 not take any other children into decedent's home or raise any other
2-9 children, except: _____________ (insert name of child or names of
2-10 children or state "none").
2-11 6. Decedent died without leaving a written will. (Modify
2-12 statement if decedent died leaving a will.)
2-13 7. There has been no administration of decedent's estate.
2-14 (Modify statement if there has been an administration of decedent's
2-15 estate.)
2-16 8. Decedent left no debts that are unpaid, except:
2-17 ____________ (insert list of debts, or state "none").
2-18 9. There are no unpaid estate or inheritance taxes, except:
2-19 _______________ (insert list of unpaid taxes, or state "none").
2-20 10. To the best of my knowledge, decedent owned an interest
2-21 in the following real property: ________________ (describe real
2-22 property in which decedent owned an interest, or state "none").
2-23 11. Decedent had the following heirs: _______________
2-24 (insert names of heirs or state "none").
2-25 12. (Insert additional information as appropriate, such as
2-26 size of the decedent's estate.)
2-27 Signed this ____ day of ____________, ______.
2-28 ______________________
2-29 (signature of affiant)
2-30 State of ________________
2-31 County of _______________
2-32 Sworn to and subscribed to before me on ________________ (date) by
2-33 _____________________ (insert name of affiant).
2-34 _______________________________
2-35 (signature of notarial officer)
2-36 (Seal, if any, of notary) _______________________________
2-37 (printed name)
2-38 My commission expires: ________
2-39 SECTION 3. (a) This Act takes effect September 1, 1999, and
2-40 applies only to an affidavit of facts concerning the identity of
2-41 heirs of a decedent that is executed on or after the effective date
2-42 of this Act.
2-43 (b) An affidavit of facts concerning the identity of heirs
2-44 of a decedent that is executed before the effective date of this
2-45 Act is governed by the law in effect on the date the affidavit was
2-46 executed, and the former law is continued in effect for that
2-47 purpose.
2-48 SECTION 4. The importance of this legislation and the
2-49 crowded condition of the calendars in both houses create an
2-50 emergency and an imperative public necessity that the
2-51 constitutional rule requiring bills to be read on three several
2-52 days in each house be suspended, and this rule is hereby suspended.
2-53 * * * * *