Texas 2009 - 81st Regular

Texas House Bill HB3314 Compare Versions

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1	1	By: Gonzales (Senate Sponsor - Hinojsa) H.B. No. 3314
2	2	(In the Senate - Received from the House May 7, 2009;
3	3	May 8, 2009, read first time and referred to Committee on
4	4	Jurisprudence; May 21, 2009, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; May 21, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the transfer of title to a decedent's homestead through
11	11	a small estate affidavit.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 137(c), Texas Probate Code, is amended
14	14	to read as follows:
15	15	(c) Title to a decedent's homestead that is the only real
16	16	property in the [a] decedent's estate may be transferred on an
17	17	affidavit that meets the requirements of this section only to a
18	18	distributee who is the decedent's child or who occupied the
19	19	property as the distributee's principal residence on the date of
20	20	the decedent's death, provided that the distributee is otherwise
21	21	entitled to the property. An affidavit that is used to transfer
22	22	title to a homestead under this section must be recorded in the deed
23	23	records of a county in which the homestead is located. A bona fide
24	24	purchaser for value may rely on a recorded affidavit under this
25	25	section. A bona fide purchaser for value without actual or
26	26	constructive notice of an heir who is not disclosed in a recorded
27	27	affidavit under this section acquires title to a homestead free of
28	28	the interests of the undisclosed heir, but the bona fide purchaser
29	29	remains subject to any claim a creditor of the decedent has by law.
30	30	A purchaser has constructive notice of an heir who is not disclosed
31	31	in a recorded affidavit under this section if an affidavit,
32	32	judgment of heirship, or title transaction in the chain of title in
33	33	the deed records identifies the heir of the decedent who is not
34	34	disclosed in the affidavit as an heir of the decedent. An heir who
35	35	is not disclosed in a recorded affidavit under this section may
36	36	recover from an heir who receives consideration from a purchaser in
37	37	a transfer for value of title to a homestead passing under the
38	38	affidavit.
39	39	SECTION 2. Section 137(c), Texas Probate Code, as amended
40	40	by this Act, applies to the estate of a decedent that is pending on
41	41	or after the effective date of this Act, regardless of the
42	42	decedent's date of death.
43	43	SECTION 3. This Act takes effect September 1, 2009.
44	44	* * * * *