Tex. Est. Code § 123.052 · Subchapter B. EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN NONTESTAMENTARY TRANSFERS
REVOCATION OF CERTAIN NONTESTAMENTARY TRANSFERS; TREATMENT OF FORMER SPOUSE AS BENEFICIARY UNDER CERTAIN POLICIES OR PLANS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The dissolution of the marriage revokes a provision in a trust instrument that was executed by a divorced individual as settlor before the divorced individual's marriage was dissolved and that:
(1) is a revocable disposition or appointment of property made to the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual;
(2) revocably confers a general or special power of appointment on the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual; or
(3) revocably nominates the divorced individual's former spouse or any relative of the former spouse who is not a relative of the divorced individual to serve:
(A) as a personal representative, trustee, conservator, agent, or guardian; or
(B) in another fiduciary or representative capacity.
(b) Subsection (a) does not apply if one of the following provides otherwise:
(1) a court order;
(2) the express terms of a trust instrument executed by the divorced individual before the individual's marriage was dissolved; or
(3) an express provision of a contract relating to the division of the marital estate entered into between the divorced individual and the individual's former spouse before, during, or after the marriage.
(c) Sections 9.301 and 9.302, Family Code, govern the designation of a former spouse as a beneficiary of certain life insurance policies or as a beneficiary under certain retirement benefit plans or other financial plans.
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 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.14, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 4, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 5, 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.123.htm
- Text hash
- sha256 f3cf29f092ef0cc2d11eeb08e822c4470827d3fd5a67bf47e0b04a15ab8c9c50
- 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.
Family Code
- Tex. Fam. Code § 9.301PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY OF LIFE INSURANCE.Printed as Sections 9.301 and 9.302, Family Code
- Tex. Fam. Code § 9.302PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY IN RETIREMENT BENEFITS AND OTHER FINANCIAL PLANS.Printed as Sections 9.301 and 9.302, Family Code
Cited by 3 provisions
Provisions in this library whose text cites Tex. Est. Code § 123.052. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 123.053EFFECT OF REVOCATION.Printed as Section 123.052(a)(1) | Section 123.052(a)(3)
- Tex. Est. Code § 123.055LIABILITY OF FORMER SPOUSE FOR CERTAIN PAYMENTS, BENEFITS, OR PROPERTY.Printed as Sections 123.052(a)
- Tex. Est. Code § 123.056CERTAIN TRUSTS WITH DIVORCED INDIVIDUALS AS JOINT SETTLORS.Printed as Section 123.052(a)
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.