Texas Estates Code Sec. 201.053: Effect of Reliance on Affidavit of Heirship

This section protects certain purchasers who rely in good faith on an affidavit of heirship when acquiring property from a decedent’s heirs, while preserving the omitted child’s rights against the heirs themselves.

The Statutory Rule

Sec. 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 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.

Explanation

What it does: This section limits the effect of later-asserted inheritance claims by certain children on purchasers who rely in good faith on an affidavit of heirship, while preserving remedies against the heirs who sold the property.

Protection for purchasers: A purchaser for value acquires good title to the interest purchased if:

• the purchaser relied in good faith on an affidavit of heirship;
• the affidavit omitted a child who was not a presumed child of the decedent; and
• the omitted child had not been adjudicated under Sec. 201.052 as entitled to treatment as the decedent’s child; and
• the purchaser had no knowledge of the omitted child’s claim.

Under those circumstances, the purchaser’s title is protected as though the omitted child had no claim at the time of sale.

Important limitation: This protection applies only to the purchaser’s title. It does not eliminate the omitted child’s right to recover against the heirs who received the sale proceeds.

Key concept: This section allocates risk between:

• innocent purchasers who rely on affidavits of heirship; and
• heirs who sell property without accounting for all potential heirs.

Practice note: This section does not determine whether a person is an heir. That question is governed by other provisions of Chapter 201 and, where applicable, by a court determination of heirship.