Relating to recording requirements for certain instruments concerning real property.

89(R) SB 648 - Enrolled version - Bill Text

S.B. No. 648

AN ACT

relating to recording requirements for certain instruments

concerning real property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 203.002, Estates Code, is amended to

read as follows:

Sec. 203.002. FORM OF AFFIDAVIT CONCERNING IDENTITY OF

HEIRS. An affidavit of facts concerning the identity of a

decedent's heirs may be in substantially the following form:

AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS

Before me, the undersigned authority, on this day personally

appeared __________ ("Affiant") (insert name of affiant) who, being

first duly sworn, upon his/her oath states:

1. My name is __________ (insert name of affiant), and I

live at __________ (insert address of affiant's residence). I am

personally familiar with the family and marital history of

__________ ("Decedent") (insert name of decedent), and I have

personal knowledge of the facts stated in this affidavit.

2. I knew decedent from __________ (insert date) until

__________ (insert date). Decedent died on __________ (insert date

of death). Decedent's place of death was __________ (insert place

of death). At the time of decedent's death, decedent's residence

was __________ (insert address of decedent's residence).

3. Decedent's marital history was as follows: __________

(insert marital history and, if decedent's spouse is deceased,

insert date and place of spouse's death).

4. Decedent had the following children: __________ (insert

name, birth date, name of other parent, and current address of child

or date of death of child and descendants of deceased child, as

applicable, for each child).

5. Decedent did not have or adopt any other children and did

not take any other children into decedent's home or raise any other

children, except: __________ (insert name of child or names of

children, or state "none").

6. (Include if decedent was not survived by descendants.)

Decedent's mother was: __________ (insert name, birth date, and

current address or date of death of mother, as applicable).

7. (Include if decedent was not survived by descendants.)

Decedent's father was: __________ (insert name, birth date, and

current address or date of death of father, as applicable).

8. (Include if decedent was not survived by descendants or

by both mother and father.) Decedent had the following siblings:

__________ (insert name, birth date, and current address or date of

death of each sibling and parents of each sibling and descendants of

each deceased sibling, as applicable, or state "none").

9. (Optional.) The following persons have knowledge

regarding the decedent, the identity of decedent's children, if

any, parents, or siblings, if any: __________ (insert names of

persons with knowledge, or state "none").

10. Decedent died without leaving a written will. (Modify

statement if decedent left a written will.)

11. There has been no administration of decedent's estate.

(Modify statement if there has been administration of decedent's

estate.)

12. Decedent left no debts that are unpaid, except:

__________ (insert list of debts, or state "none").

13. There are no unpaid estate or inheritance taxes, except:

__________ (insert list of unpaid taxes, or state "none").

14. To the best of my knowledge, decedent owned an interest

in the following real property: __________ (insert list of real

property in which decedent owned an interest, or state "none").

15. (Optional.) The following were the heirs of decedent:

__________ (insert names of heirs).

16. (Insert additional information as appropriate, such as

size of the decedent's estate.)

[OPTION 1]

Signed this ___ day of __________, ___.

_________________________________

(signature of affiant)

State of __________

County of __________

Sworn to and subscribed to before me on __________

(date) by __________ (insert name of affiant).

_________________________________

(signature of notarial officer)

(Seal, if any, of notary) __________

(printed name)

My commission expires: __________

[OPTION 2 (for purposes of Section 12.001(b-1), Property

Code)]

Signed this ___ day of __________, ___.

_________________________________

(signature of affiant)

State of __________

County of __________

Sworn to and subscribed to before me on __________

(date) by __________ (insert name of affiant).

_________________________________

(signature of notarial officer)

(Seal, if any, of notary) __________

(printed name)

My commission expires: __________

STATEMENT OF FIRST WITNESS

I am not entitled to any portion of the Decedent's estate and

I have no claim against any portion of the Decedent's estate.

Signature:________________________________________________

Print Name:___________________________________ Date:______

Address:__________________________________________________

STATEMENT OF SECOND WITNESS

I am not entitled to any portion of the Decedent's estate and

I have no claim against any portion of the Decedent's estate.

Signature:________________________________________________

Print Name:___________________________________ Date:______

Address:__________________________________________________

State of __________

County of __________

This instrument was acknowledged before me on __________

(date) by __________ (insert name of witnesses).

_________________________________

(signature of notarial officer)

(Seal, if any, of notary) __________

(printed name)

My commission expires: __________

STATEMENT OF HEIR

I am an heir to real property of __________ ("Decedent")

(insert name of decedent).

Signature:________________________________________________

Print Name:___________________________________ Date:______

Address:__________________________________________________

State of __________

County of __________

This instrument was acknowledged before me on __________

(date) by __________ (insert name of heir).

_________________________________

(signature of notarial officer)

(Seal, if any, of notary) __________

(printed name)

My commission expires: __________

SECTION 2. Section 12.001, Property Code, is amended by

amending Subsection (b) and adding Subsection (b-1) to read as

follows:

(b) An instrument conveying real property may not be

recorded unless
:

(1)

if the instrument is filed for recording by an

attorney, title agent, title company, or escrow company that

provides closing, settlement, or other comparable transaction

services in connection with the transfer of real property, a public

utility, a governmental entity, or a person acting on behalf of the

attorney, agent, company, utility, or entity, the instrument
[
it
]

is signed
by the grantor and:

(A)
[
and
] acknowledged or sworn to by the grantor

in the presence of two or more credible subscribing witnesses
;
or

(B)
acknowledged or sworn to
by the grantor

before and certified by an officer authorized to take

acknowledgements or oaths, as applicable
; and

(2)

if the instrument is filed for recording by an

individual other than a person described by Subdivision (1), the

instrument is:

(A) signed by the grantor;

(B)

acknowledged or sworn to by the grantor in

the presence of two or more credible subscribing witnesses; and

(C)

acknowledged or sworn to by the grantor and

each subscribing witness before and certified by an officer

authorized to take acknowledgements or oaths, as applicable
.

(b-1)

An affidavit of heirship concerning heirship to real

property that is filed for recording by a person described by

Subsection (b)(2) may not be recorded unless it is:

(1) signed by the individual making the affidavit;

(2)

acknowledged or sworn to by the individual making

the affidavit in the presence of two credible subscribing

witnesses;

(3)

acknowledged or sworn to by the individual making

the affidavit and each subscribing witness before and certified by

an officer authorized to take acknowledgements or oaths, as

applicable; and

(4)

acknowledged or sworn to by each living heir to

real property named in the affidavit that is not under a legal

disability before and certified by an officer authorized to take

acknowledgements or oaths, as applicable.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 648 passed the Senate on

April 28, 2025, by the following vote: Yeas 26, Nays 4, one

present not voting; and that the Senate concurred in House

amendment on May 26, 2025, by the following vote: Yeas 26, Nays 4,

one present not voting.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 648 passed the House, with

amendment, on May 21, 2025, by the following vote: Yeas 117,

Nays 24, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor