Tex. Prop. Code § 240.051 · Subchapter B. TYPE AND EFFECT OF DISCLAIMER
DISCLAIMER OF INTEREST IN PROPERTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This section and Sections 240.0511 and 240.0512 apply to a disclaimer of an interest in property other than a disclaimer subject to Section 240.052 or 240.053.
(b) If an interest in property passes because of the death of a decedent:
(1) a disclaimer of the interest:
(A) takes effect as of the time of the decedent's death; and
(B) relates back for all purposes to the time of the decedent's death; and
(2) the disclaimed interest is not subject to the claims of any creditor of the disclaimant.
(c) If an interest in property passes because of an event not related to the death of a decedent:
(1) a disclaimer of the interest:
(A) takes effect:
(i) as of the time the instrument creating the interest became irrevocable; or
(ii) in the case of an irrevocable transfer made without an instrument, at the time of the irrevocable transfer; and
(B) relates back for all purposes to the time the instrument became irrevocable or the time of the irrevocable transfer, as applicable; and
(2) the disclaimed interest is not subject to the claims of any creditor of the disclaimant.
(d) A disclaimed interest passes according to any provision in the instrument creating the interest that provides for:
(1) the disposition of the interest if the interest were to be disclaimed; or
(2) the disposition of disclaimed interests in general.
(e) If the instrument creating the disclaimed interest does not contain a provision described by Subsection (d) and:
(1) if the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist; or
(2) if the disclaimant is an individual:
(A) except as provided by Section 240.0511, if the interest is passing because of the death of a decedent, the disclaimed interest passes as if the disclaimant had died immediately before the time as of which the disclaimer takes effect under Subsection (b); or
(B) except as provided by Section 240.0512, if the interest is passing because of an event not related to the death of a decedent, the disclaimed interest passes as if the disclaimant had died immediately before the time as of which the disclaimer takes effect under Subsection (c).
(f) A disclaimed interest that passes by intestacy passes as if the disclaimant died immediately before the decedent.
Notes and commentary — not statutory text
History
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.240.htm
- Text hash
- sha256 057845a2b75933f6392de164e48321d88045a333250c59069789328a8a34278b
- 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.
Property Code
- Tex. Prop. Code § 240.0511DISPOSITION OF INTEREST PASSING BECAUSE OF DECEDENT'S DEATH AND DISCLAIMED BY INDIVIDUAL.Printed as Section 240.0511 | Sections 240.0511 and 240.0512
- Tex. Prop. Code § 240.0512DISPOSITION OF INTEREST PASSING BECAUSE OF EVENT OTHER THAN DECEDENT'S DEATH AND DISCLAIMED BY INDIVIDUAL.Printed as Section 240.0512 | Sections 240.0511 and 240.0512
- Tex. Prop. Code § 240.052DISCLAIMER OF RIGHTS IN SURVIVORSHIP PROPERTY.Printed as Section 240.052 or 240.053
- Tex. Prop. Code § 240.053DISCLAIMER OF INTEREST BY TRUSTEE.Printed as Section 240.052 or 240.053
Cited by 3 provisions
Provisions in this library whose text cites Tex. Prop. Code § 240.051. Each shows the citation as that text prints it.
Property Code
- Tex. Prop. Code § 240.009POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE.Printed as Sections 240.051-240.056
- Tex. Prop. Code § 240.0511DISPOSITION OF INTEREST PASSING BECAUSE OF DECEDENT'S DEATH AND DISCLAIMED BY INDIVIDUAL.Printed as Section 240.051(e)(2)(A)
- Tex. Prop. Code § 240.0512DISPOSITION OF INTEREST PASSING BECAUSE OF EVENT OTHER THAN DECEDENT'S DEATH AND DISCLAIMED BY INDIVIDUAL.Printed as Section 240.051(c)(1)(A) | Section 240.051(e)(2)(B)
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.