Texas Estates Code 201.053 – 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 § 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.

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Terms Used In Texas Estates Code 201.053

• Affidavit : A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit : means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
• Child : includes an adopted child, regardless of whether the adoption occurred through:
  (1) an existing or former statutory procedure; or
  (2) an equitable adoption or acts of estoppel. See Texas Estates Code 22.004
• Contract : A legal written agreement that becomes binding when signed.
• Court : means and includes:
  (1) a county court in the exercise of its probate jurisdiction;
  (2) a court created by statute and authorized to exercise original probate jurisdiction; and
  (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
• Decedent : A deceased person.
• Person : includes a natural person and a corporation. See Texas Estates Code 22.027
• Property : means real and personal property. See Texas Government Code 311.005