| (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.
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