Texas Probate Code - Section 52. Recorded Instruments As Prima Facie Evidence
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§ 52. RECORDED INSTRUMENTS AS PRIMA FACIE EVIDENCE. (a)
A statement of facts concerning the family history, genealogy,
marital status, or the identity of the heirs of a decedent shall be
received in a proceeding to declare heirship, or in a suit involving
title to real or personal property, as prima facie evidence of the
facts therein stated, if the statement is contained in either an
affidavit or any other instrument legally executed and acknowledged
or sworn to before, and certified by, an officer authorized to take
acknowledgments or oaths as applicable, or any judgment of a court
of record, and if the affidavit or instrument has been of record for
five years or more in the deed records of any county in this state in
which such real or personal property is located at the time the suit
is instituted, or in the deed records of any county of this state in
which the decedent had his domicile or fixed place of residence at
the time of his death. If there is any error in the statement of
facts in such recorded affidavit or instrument, the true facts may
be proved by anyone interested in the proceeding in which said
affidavit or instrument is offered in evidence.
(b) An affidavit of facts concerning the identity of heirs
of a decedent as to an interest in real property that is filed in a
proceeding or suit described by Subsection (a) of this section may
be in the form described by Section 52A of this code.
(c) An affidavit of facts concerning the identity of heirs
of a decedent does not affect the rights of an omitted heir or a
creditor of the decedent as otherwise provided by law. This statute
shall be cumulative of all other statutes on the same subject, and
shall not be construed as abrogating any right to present evidence
or to rely on an affidavit of facts conferred by any other statute
or rule of law.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1969, 61st Leg., p. 1922, ch. 641, § 4, eff. June 12, 1969;
Acts 1991, 72nd Leg., ch. 895, § 5, eff. Sept. 1, 1991; Acts
1999, 76th Leg., ch. 1538, § 1, eff. Sept. 1, 1999.
Section: 45 46 47 48 49 50 51 52 52A 53 54 55 56 57 58
Last modified: August 10, 2007
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