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