Tex. Est. Code § 112.103 · Subchapter C. ADJUDICATION TO PROVE COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT
METHOD OF PROOF OF SIGNATURES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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;
(2) the surviving spouse's affidavit; or
(3) the written or oral deposition of the surviving spouse taken in accordance with Section 51.203 or the Texas Rules of Civil Procedure.
(c) If the surviving spouse is not competent to make an oath, the surviving spouse's signature to the agreement may be proved in the manner provided by Subsection (a) for proof of the deceased spouse's signature.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 3, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.112.htm
- Text hash
- sha256 0cad55863739665754a4cd39ba497ee40d6b06562f8c8d032027715cc0dd093d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.