Tex. Est. Code § 112.252 · Subchapter F. RIGHTS OF CREDITORS
LIABILITIES OF DECEASED SPOUSE NOT AFFECTED BY RIGHT OF SURVIVORSHIP.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as expressly provided by Section 112.251, the community property subject to the sole or joint management, control, and disposition of a spouse during marriage continues to be subject to the liabilities of that spouse on that spouse's death without regard to a right of survivorship in the surviving spouse under an agreement made in accordance with this chapter.
(b) The surviving spouse is liable to account to the deceased spouse's personal representative for property received by the surviving spouse under a right of survivorship to the extent necessary to discharge the deceased spouse's liabilities.
(c) A proceeding to assert a liability under Subsection (b):
(1) may be commenced only if the deceased spouse's personal representative has received a written demand by a creditor; and
(2) must be commenced on or before the second anniversary of the deceased spouse's death.
(d) Property recovered by the deceased spouse's personal representative under this section shall be administered as part of the deceased spouse's estate.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
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 124ca5275bbd78060a64880ecbb47ce79116e0ddca68d019217a6529ec25efc6
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
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.