SB648 - Relating to recording requirements for certain instruments concerning real property.

      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 H [Text truncated for display. Full text available on LegiScan.]