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A BILL TO BE ENTITLED
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AN ACT
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relating to recording requirements for certain instruments |
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concerning real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 203.002, Estates Code, is amended to |
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read as follows: |
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Sec. 203.002. FORM OF AFFIDAVIT CONCERNING IDENTITY OF |
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HEIRS. An affidavit of facts concerning the identity of a |
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decedent's heirs may be in substantially the following form: |
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AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS |
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Before me, the undersigned authority, on this day personally |
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appeared __________ ("Affiant") (insert name of affiant) who, being |
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first duly sworn, upon his/her oath states: |
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1. My name is __________ (insert name of affiant), and I |
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live at __________ (insert address of affiant's residence). I am |
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personally familiar with the family and marital history of |
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__________ ("Decedent") (insert name of decedent), and I have |
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personal knowledge of the facts stated in this affidavit. |
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2. I knew decedent from __________ (insert date) until |
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__________ (insert date). Decedent died on __________ (insert date |
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of death). Decedent's place of death was __________ (insert place |
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of death). At the time of decedent's death, decedent's residence |
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was __________ (insert address of decedent's residence). |
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3. Decedent's marital history was as follows: __________ |
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(insert marital history and, if decedent's spouse is deceased, |
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insert date and place of spouse's death). |
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4. Decedent had the following children: __________ (insert |
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name, birth date, name of other parent, and current address of child |
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or date of death of child and descendants of deceased child, as |
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applicable, for each child). |
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5. Decedent did not have or adopt any other children and did |
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not take any other children into decedent's home or raise any other |
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children, except: __________ (insert name of child or names of |
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children, or state "none"). |
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6. (Include if decedent was not survived by descendants.) |
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Decedent's mother was: __________ (insert name, birth date, and |
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current address or date of death of mother, as applicable). |
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7. (Include if decedent was not survived by descendants.) |
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Decedent's father was: __________ (insert name, birth date, and |
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current address or date of death of father, as applicable). |
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8. (Include if decedent was not survived by descendants or |
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by both mother and father.) Decedent had the following siblings: |
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__________ (insert name, birth date, and current address or date of |
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death of each sibling and parents of each sibling and descendants of |
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each deceased sibling, as applicable, or state "none"). |
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9. (Optional.) The following persons have knowledge |
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regarding the decedent, the identity of decedent's children, if |
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any, parents, or siblings, if any: __________ (insert names of |
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persons with knowledge, or state "none"). |
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10. Decedent died without leaving a written will. (Modify |
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statement if decedent left a written will.) |
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11. There has been no administration of decedent's estate. |
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(Modify statement if there has been administration of decedent's |
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estate.) |
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12. Decedent left no debts that are unpaid, except: |
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__________ (insert list of debts, or state "none"). |
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13. There are no unpaid estate or inheritance taxes, except: |
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__________ (insert list of unpaid taxes, or state "none"). |
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14. To the best of my knowledge, decedent owned an interest |
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in the following real property: __________ (insert list of real |
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property in which decedent owned an interest, or state "none"). |
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15. (Optional.) The following were the heirs of decedent: |
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__________ (insert names of heirs). |
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16. (Insert additional information as appropriate, such as |
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size of the decedent's estate.) |
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[OPTION 1] |
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Signed this ___ day of __________, ___. |
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_________________________________ |
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(signature of affiant) |
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State of __________ |
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County of __________ |
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Sworn to and subscribed to before me on __________ |
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(date) by __________ (insert name of affiant). |
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_________________________________ |
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(signature of notarial officer) |
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(Seal, if any, of notary) __________ |
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(printed name) |
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My commission expires: __________ |
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[OPTION 2 (for purposes of Section 12.001(b-1), Property |
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Code)] |
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Signed this ___ day of __________, ___. |
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_________________________________ |
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(signature of affiant) |
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State of __________ |
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County of __________ |
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Sworn to and subscribed to before me on __________ |
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(date) by __________ (insert name of affiant). |
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_________________________________ |
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(signature of notarial officer) |
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(Seal, if any, of notary) __________ |
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(printed name) |
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My commission expires: __________ |
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STATEMENT OF FIRST WITNESS |
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I am not entitled to any portion of the Decedent's estate and |
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I have no claim against any portion of the Decedent's estate. |
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Signature:________________________________________________ |
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Print Name:___________________________________ Date:______ |
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Address:__________________________________________________ |
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STATEMENT OF SECOND WITNESS |
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I am not entitled to any portion of the Decedent's estate and |
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I have no claim against any portion of the Decedent's estate. |
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Signature:________________________________________________ |
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Print Name:___________________________________ Date:______ |
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Address:__________________________________________________ |
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State of __________ |
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County of __________ |
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This instrument was acknowledged before me on __________ |
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(date) by __________ (insert name of witnesses). |
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_________________________________ |
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(signature of notarial officer) |
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(Seal, if any, of notary) __________ |
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(printed name) |
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My commission expires: __________ |
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STATEMENT OF HEIR |
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I am an heir to real property of __________ ("Decedent") |
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(insert name of decedent). |
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Signature:________________________________________________ |
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Print Name:___________________________________ Date:______ |
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Address:__________________________________________________ |
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State of __________ |
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County of __________ |
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This instrument was acknowledged before me on __________ |
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(date) by __________ (insert name of heir). |
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_________________________________ |
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(signature of notarial officer) |
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(Seal, if any, of notary) __________ |
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(printed name) |
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My commission expires: __________ |
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SECTION 2. Section 12.001, Property Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) An instrument conveying real property may not be |
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recorded unless: |
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(1) if the instrument is filed for recording by an |
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attorney, title agent, title company, or escrow company that |
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provides closing, settlement, or other comparable transaction |
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services in connection with the transfer of real property, a public |
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utility, a governmental entity, or a person acting on behalf of the |
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attorney, agent, company, utility, or entity, the instrument [it] |
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is signed by the grantor and: |
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(A) [and] acknowledged or sworn to by the grantor |
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in the presence of two or more credible subscribing witnesses; or |
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(B) acknowledged or sworn to by the grantor |
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before and certified by an officer authorized to take |
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acknowledgements or oaths, as applicable; and |
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(2) if the instrument is filed for recording by an |
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individual other than a person described by Subdivision (1), the |
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instrument is: |
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(A) signed by the grantor; |
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(B) acknowledged or sworn to by the grantor in |
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the presence of two or more credible subscribing witnesses; and |
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(C) acknowledged or sworn to by the grantor and |
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each subscribing witness before and certified by an officer |
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authorized to take acknowledgements or oaths, as applicable. |
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(b-1) An affidavit of heirship concerning heirship to real |
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property that is filed for recording by a person described by |
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Subsection (b)(2) may not be recorded unless it is: |
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(1) signed by the individual making the affidavit; |
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(2) acknowledged or sworn to by the individual making |
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the affidavit in the presence of two credible subscribing |
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witnesses; |
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(3) acknowledged or sworn to by the individual making |
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the affidavit and each subscribing witness before and certified by |
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an officer authorized to take acknowledgements or oaths, as |
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applicable; and |
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(4) acknowledged or sworn to by each living heir to |
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real property named in the affidavit that is not under a legal |
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disability before and certified by an officer authorized to take |
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acknowledgements or oaths, as applicable. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |