Sec. 112.102. PROOF REQUIRED BY COURT. An applicant for an order under Section 112.101 must prove to the court's satisfaction that:
(1) the spouse whose community property interest is at issue is deceased;
(2) the court has jurisdiction and venue;
(3) the agreement was executed with the formalities required by law;
(4) the agreement was not revoked; and
(5) citation has been served and returned in the manner and for the length of time required by this title.
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