Texas Estates Code

§ 112.103 — METHOD OF PROOF OF SIGNATURES

ES § 112.103Title 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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(a)The deceased spouse's signature to an agreement that is the subject of an application under Section 112.101 may be proved by:

(1)the sworn testimony of one witness taken in open court;

(2)the affidavit of one witness; or

(3)the written or oral deposition of one witness taken in accordance with Section 51.203 or the Texas Rules of Civil Procedure.

(b)If the surviving spouse is competent to make an oath, the surviving spouse's signature to the agreement may be proved by:

(1)the sworn testimony of the surviving spouse taken in open court;

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Legislative history

Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 3, eff. September 1, 2017.