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Texas Probate Code - Section 137. Collection Of Small Estates Upon Affidavit

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 137. Collection Of Small Estates Upon Affidavit

§ 137. COLLECTION OF SMALL ESTATES UPON AFFIDAVIT.  (a) 
The distributees of the estate of a decedent who dies intestate 
shall be entitled thereto, to the extent that the assets, exclusive 
of homestead and exempt property, exceed the known liabilities of 
said estate, exclusive of liabilities secured by homestead and 
exempt property, without awaiting the appointment of a personal 
representative when:
	(1)  No petition for the appointment of a personal 
representative is pending or has been granted;  and
	(2)  Thirty days have elapsed since the death of the 
decedent;  and          
	(3)  The value of the entire assets of the estate, not 
including homestead and exempt property, does not exceed $50,000;  
and
	(4)  There is filed with the clerk of the court having 
jurisdiction and venue an affidavit sworn to by two disinterested 
witnesses, by all such distributees that have legal capacity, and, 
if the facts warrant, by the natural guardian or next of kin of any 
minor or the guardian of any other incapacitated person who is also 
a distributee, which affidavit shall be examined by the judge of the 
court having jurisdiction and venue;  and
	(5)  The affidavit shows the existence of the foregoing 
conditions and includes a list of all of the known assets and 
liabilities of the estate, the names and addresses of the 
distributees, and the relevant family history facts concerning 
heirship that show the distributees' rights to receive the money or 
property of the estate or to have such evidences of money, property, 
or other rights of the estate as are found to exist transferred to 
them as heirs or assignees;  and
	(6)  The judge, in the judge's discretion, finds that the 
affidavit conforms to the terms of this section and approves the 
affidavit;  and
	(7)  A copy of the affidavit, certified to by said clerk, is 
furnished by the distributees of the estate to the person or persons 
owing money to the estate, having custody or possession of property 
of the estate, or acting as registrar, fiduciary or transfer agent 
of or for evidences of interest, indebtedness, property, or other 
right belonging to the estate.
	(b)  This section does not affect the disposition of property 
under the terms of a will or other testamentary document nor, except 
as provided by Subsection (c) of this section, does it transfer 
title to real property.
	(c)  Title to a decedent's homestead that is the only real 
property in a decedent's estate may be transferred on an affidavit 
that meets the requirements of this section.  An affidavit that is 
used to transfer title to a homestead under this section must be 
recorded in the deed records of a county in which the homestead is 
located.  A bona fide purchaser for value may rely on a recorded 
affidavit under this section.  A bona fide purchaser for value 
without actual or constructive notice of an heir who is not 
disclosed in a recorded affidavit under this section acquires title 
to a homestead free of the interests of the undisclosed heir, but 
the bona fide purchaser remains subject to any claim a creditor of 
the decedent has by law.  A purchaser has constructive notice of an 
heir who is not disclosed in a recorded affidavit under this section 
if an affidavit, judgment of heirship, or title transaction in the 
chain of title in the deed records identifies the heir of the 
decedent who is not disclosed in the affidavit as an heir of the 
decedent.  An heir who is not disclosed in a recorded affidavit 
under this section may recover from an heir who receives 
consideration from a purchaser in a transfer for value of title to a 
homestead passing under the affidavit.
	(d)  If the judge approves the affidavit under this section, 
the affidavit is to be recorded as an official public record under 
Chapter 194, Local Government Code.  If the county has not adopted a 
microfilm or microphotographic process under Chapter 194, Local 
Government Code, the county clerk shall provide and keep in his 
office an appropriate book labeled "Small Estates," with an 
accurate index showing the name of the decedent and reference to 
land, if any, involved, in which he shall record every such 
affidavit so filed, upon being paid his legal recording fee.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1957, 55th Leg., p. 53, ch. 31, § 4, eff. Aug. 22, 1957;  
Acts 1969, 61st Leg., p. 1978, ch. 670, § 1, eff. Sept. 1, 1969;  
Acts 1975, 64th Leg., p. 1402, ch. 543, § 1, eff. Sept. 1, 1975;  
Acts 1977, 65th Leg., p. 361, ch. 177, § 1, eff. May 20, 1977;  
Acts 1979, 66th Leg., p. 1747, ch. 713, § 14, eff. Aug. 27, 1979;  
Acts 1983, 68th Leg., p. 4560, ch. 757, § 1, eff. Sept. 1, 1983;  
Acts 1993, 73rd Leg., ch. 594, § 1, eff. Sept. 1, 1993;  Acts 
1995, 74th Leg., ch. 642, § 3, eff. Sept. 1, 1995;  Acts 1995, 
74th Leg., ch. 1039, § 8, eff. Sept. 1, 1995;  Acts 1997, 75th 
Leg., ch. 540, § 3, eff. Sept. 1, 1997.

Last modified: August 11, 2007