Texas Estates Code

§ 152.003 — ADDITIONAL CONTENTS OF APPLICATION: INSTRUCTIONS REGARDING DECEDENT'S FUNERAL AND REMAINS

ES § 152.003Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part D. PROCEEDINGS BEFORE ADMINISTRATION OF ESTATE · Ch. 152. EMERGENCY INTERVENTION · Art. A. EMERGENCY INTERVENTION APPLICATION

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(a)In addition to the information required under Section 152.002, if emergency intervention is requested to obtain funds needed for the payment or reimbursement of a decedent's funeral and burial expenses, the application must also state whether there are or were any written instructions from the decedent relating to the type and manner of funeral or burial preferred by the decedent. The applicant shall:

(1)attach the instructions, if available, to the application; and

(2)fully comply, or must have fully complied, as appropriate, with the instructions.

(b)If written instructions do not exist, the applicant may not permit or have permitted the decedent's remains to be cremated unless the applicant obtains or obtained the court's permission to cremate the remains. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014. Amended by:

Legislative history

Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 13.003, eff. September 1, 2023.