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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of title to a decedent's homestead through |
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a small estate affidavit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 137(c), Texas Probate Code, is amended |
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to read as follows: |
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(c) Title to a decedent's homestead that is the only real |
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property in the [a] decedent's estate may be transferred on an |
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affidavit that meets the requirements of this section only to a |
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distributee who occupied the property as the distributee's |
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principal residence on the date of the decedent's death and who is |
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otherwise entitled to the property. An affidavit that is used to |
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transfer title to a homestead under this section must be recorded in |
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the deed records of a county in which the homestead is located. A |
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bona fide purchaser for value may rely on a recorded affidavit under |
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this section. A bona fide purchaser for value without actual or |
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constructive notice of an heir who is not disclosed in a recorded |
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affidavit under this section acquires title to a homestead free of |
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the interests of the undisclosed heir, but the bona fide purchaser |
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remains subject to any claim a creditor of the decedent has by law. |
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A purchaser has constructive notice of an heir who is not disclosed |
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in a recorded affidavit under this section if an affidavit, |
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judgment of heirship, or title transaction in the chain of title in |
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the deed records identifies the heir of the decedent who is not |
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disclosed in the affidavit as an heir of the decedent. An heir who |
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is not disclosed in a recorded affidavit under this section may |
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recover from an heir who receives consideration from a purchaser in |
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a transfer for value of title to a homestead passing under the |
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affidavit. |
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SECTION 2. Section 137(c), Texas Probate Code, as amended |
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by this Act, applies to the estate of a decedent that is pending on |
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or after the effective date of this Act, regardless of the |
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decedent's date of death. |
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SECTION 3. This Act takes effect September 1, 2009. |