Texas § ES.201.053 - EFFECT OF RELIANCE ON AFFIDAVIT OF HEIRSHIP

§ ES.201.053. EFFECT OF RELIANCE ON AFFIDAVIT OF HEIRSHIP

EFFECT OF RELIANCE ON AFFIDAVIT OF HEIRSHIP. (a) A person who purchases for valuable consideration any interest in property of the heirs of a decedent acquires good title to the interest that the person would have received, as purchaser, in the absence of a claim of the child described by Subdivision (1), if the person: (1) in good faith relies on the declarations in an affidavit of heirship that does not include a child who at the time of the sale or contract of sale of the property: (A) is not a presumed child of the decedent; and (B) has not under a final court decree or judgment been found to be entitled to treatment under Section 201.052 as a child of the decedent; and (2) is without knowledge of the claim of the child described by Subdivision (1). (b) Subsection (a) does not affect any liability of the heirs for the proceeds of a sale described by Subsection (a) to the child who was not included in the affidavit of heirship. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014.