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 new legal language that specifies the form and requirements for affidavits of heirship, including the necessity for the affidavit to be signed by the individual making the affidavit, acknowledged or sworn to in the presence of two credible witnesses, and certified by an authorized officer. Additionally, it mandates that each living heir named in the affidavit must also acknowledge or swear to the document before an authorized officer if they are not under legal disability.
Furthermore, the bill modifies the existing requirements for recording instruments conveying real property. It stipulates that if the instrument is filed by an attorney or similar entity, it must be signed by the grantor and either acknowledged in the presence of witnesses or certified by an authorized officer. For individuals filing the instrument, it must be signed, acknowledged in the presence of witnesses, and certified by an authorized officer. The bill aims to streamline the process of recording real property transactions while ensuring proper verification of heirship and ownership.
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)