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, the bill specifies that an affidavit of heirship must be signed and acknowledged in the presence of credible witnesses and certified by an authorized officer to be recorded.

The bill also modifies the existing requirements for recording instruments that convey real property. It stipulates that if the instrument is filed by an attorney or similar entity, it must be signed by the grantor and acknowledged in the presence of witnesses or certified by an officer. For individuals filing the instrument, it must be signed, acknowledged in the presence of witnesses, and certified by an officer. Furthermore, the new subsection (b-1) outlines specific conditions under which an affidavit of heirship can be recorded, including the requirement for acknowledgment by each living heir named in the affidavit. 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)