S.B. No. 648 amends the Estates Code and Property Code in Texas to update the recording requirements for certain instruments related to real property, specifically focusing on affidavits concerning the identity of heirs. The bill introduces a new form for the affidavit, which includes detailed sections for the affiant to provide information about the decedent's identity, marital history, children, and any debts or taxes owed. Additionally, it specifies that the affidavit must be signed, acknowledged, or sworn to in the presence of credible witnesses and certified by an authorized officer.

The bill also revises the conditions under which instruments conveying real property can be recorded. It establishes that if the instrument is filed by an attorney or similar entity, it must be signed by the grantor and acknowledged or sworn to by the grantor in front of witnesses or a certified officer. For individuals filing on their own, the requirements are slightly different, necessitating the presence of witnesses and certification. Furthermore, a new subsection mandates that affidavits of heirship must meet specific criteria, including being signed and acknowledged by the individual making the affidavit and all living heirs named in the document. The act is set to take effect immediately upon receiving a two-thirds vote or on September 1, 2025, if not.

Statutes affected:
Introduced: Property Code 12.001 (Property Code 12)
Senate Committee Report: Property Code 12.001 (Property Code 12)
Engrossed: Property Code 12.001 (Property Code 12)
House Committee Report: Estates Code 203.002, Property Code 12.001 (Estates Code 203, Property Code 12)
Enrolled: Estates Code 203.002, Property Code 12.001 (Estates Code 203, Property Code 12)