Sec. 201.053. EFFECT OF RELIANCE ON AFFIDAVIT OF HEIRSHIP    


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  • (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 , Sec. 1, eff. January 1, 2014.