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 format for affidavits, which includes detailed sections for the affiant to provide information about the decedent's family, marital history, children, and any debts or taxes owed. Additionally, it specifies that an affidavit of heirship must be signed and acknowledged in the presence of credible witnesses and certified by an authorized officer, ensuring that the process is legally sound and verifiable.

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 authorized officer. For individuals filing on their own, the instrument must be signed, acknowledged in front of witnesses, and certified as well. Furthermore, the new subsection (b-1) outlines specific conditions under which an affidavit of heirship can be recorded, including the necessity for acknowledgment by all living heirs named in the affidavit. This comprehensive approach aims to streamline the process while enhancing the integrity of property transactions in Texas.

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)