Texas § 205.002 AFFIDAVIT REQUIREMENTS.

Texas Statutes

§ 205.002 — AFFIDAVIT REQUIREMENTS.

Texas § 205.002

Code ESEstates Code

This text of Texas § 205.002 (AFFIDAVIT REQUIREMENTS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Estates Code Code Ann. § 205.002 (2026).

Text

Sec. 205.002. AFFIDAVIT REQUIREMENTS.

(a)An affidavit filed under Section 205.001 must:

(1)be sworn to by:

(A)two disinterested witnesses;

(B)each distributee of the estate who has legal capacity; and

(C)if warranted by the facts, the natural guardian or next of kin of any minor distributee or the guardian of any other incapacitated distributee;

(2)show the existence of the conditions prescribed by Sections 205.001 (1), (2), and (3); and

(3)include:

(A)a list of all known estate assets and liabilities;

(B)the name and address of each distributee; and

(C)the relevant family history facts concerning heirship that show each distributee's right to receive estate money or other property or to have any evidence of money, property, or other right of the estate as is determined to exist

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Sec. 205.002. AFFIDAVIT REQUIREMENTS. (a) An affidavit filed under Section 205.001 must:
(1) be sworn to by:
(A) two disinterested witnesses;
(B) each distributee of the estate who has legal capacity; and
(C) if warranted by the facts, the natural guardian or next of kin of any minor distributee or the guardian of any other incapacitated distributee;
(2) show the existence of the conditions prescribed by Sections 205.001 (1), (2), and (3); and
(3) include:
(A) a list of all known estate assets and liabilities;
(B) the name and address of each distributee; and
(C) the relevant family history facts concerning heirship that show each distributee's right to receive estate money or other property or to have any evidence of money, property, or other right of the estate as is determined to exist transferred to the distributee as an heir or assignee.
(b) A list of all known estate assets under Subsection (a)(3)(A) must indicate which assets the applicant claims are exempt.

Legislative History

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1106 (H.B. 3136 ), Sec. 1, eff. September 1, 2015.