Texas Estates Code

§ 112.102 — PROOF REQUIRED BY COURT

ES § 112.102Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS' PROPERTY IN GENERAL · Ch. 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP · Art. C. ADJUDICATION TO PROVE COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT

Statute text

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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.

Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.