34 Tex. Admin. Code § 13.9 - Documentation Requirements to Establish Heirship

(a) A person making a claim for unclaimed property reported to the comptroller as a legal heir of a reported owner or of the reported owner's heirs or devisees must submit the following documentation:

(1) for claims equal to or less than $5,000, a copy of an affidavit of heirship from two disinterested witnesses attesting to the family history of each deceased owner, heir, or devisee, through whom the claimant is claiming legal heirship;

(2) for claims greater than $5,000 but equal to or less than $10,000, a copy of an affidavit of heirship from two disinterested witnesses attesting to the family history of each deceased owner, heir, or devisee, through whom the claimant is claiming legal heirship that has been recorded in the county in which the decedent died or was residing at the time of the decedent's death;

(3) for claims greater than $10,000 but equal to or less than $75,000, a small estate affidavit that substantially complies with the requirements of Estates Code, Chapter 205; or

(4) for claims greater than $75,000, a judicial determination of heirship.

(b) The comptroller may waive the documentation requirements of subsection (a) of this section and may request other documentation as may be appropriate under the circumstances to demonstrate the claimant is a legal heir of the reported owner.

Notes

34 Tex. Admin. Code § 13.9

Adopted by Texas Register, Volume 47, Number 03, January 21, 2022, TexReg 0155, eff. 1/27/2022