Tex. Est. Code § 152.101 · Subchapter C. LIMITATION ON RIGHT OF DECEDENT'S SURVIVING SPOUSE TO CONTROL DECEDENT'S BURIAL OR CREMATION
APPLICATION AUTHORIZED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The executor of a decedent's will or the decedent's next of kin may file an application for an order limiting the right of the decedent's surviving spouse to control the decedent's burial or cremation.
(b) For purposes of Subsection (a), the decedent's next of kin:
(1) is determined in accordance with order of descent, with the person nearest in order of descent first, and so on; and
(2) includes the decedent's descendants who legally adopted the decedent or who have been legally adopted by the decedent.
(c) An application under this section must be under oath and must establish:
(1) whether the decedent died intestate or testate;
(2) that the surviving spouse is alleged to be a principal or accomplice in a wilful act that resulted in the decedent's death; and
(3) that good cause exists to limit the surviving spouse's right to control the decedent's burial or cremation.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), 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.152.htm
- Text hash
- sha256 70db2045a425595d0e24569af6e4365335086e8b09e55081d3a7ef3643f2c5b5
- 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
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.