Sec. 112.101. APPLICATION AUTHORIZED. (a) Notwithstanding Section 112.053, after the death of a spouse, the surviving spouse or the surviving spouse's personal representative may apply to the court for an order stating that a community property survivorship agreement satisfies the requirements of this chapter and is effective to create a right of survivorship in community property.
(b) An application under this section must include:
(1) the surviving spouse's name and domicile;
(2) the deceased spouse's name and former domicile;
(3) the fact, time, and place of the deceased spouse's death;
(4) facts establishing venue in the court; and
(5) the deceased spouse's social security number, if known.
(c) An application under this section must be filed in the county of proper venue for administration of the deceased spouse's estate.
(d) The original community property survivorship agreement shall be filed with an application under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle C - Passage of Title and Distribution of Decedents' Property in General
Chapter 112 - Community Property With Right of Survivorship
Subchapter C. Adjudication to Prove Community Property Survivorship Agreement
Section 112.101. Application Authorized
Section 112.102. Proof Required by Court
Section 112.103. Method of Proof of Signatures
Section 112.104. Court Action; Issuance of Order