Tex. Prop. Code § 240.052 · Subchapter B. TYPE AND EFFECT OF DISCLAIMER
DISCLAIMER OF RIGHTS IN SURVIVORSHIP PROPERTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On the death of a holder of survivorship property, a surviving holder may disclaim, in whole or in part, an interest in the property of the deceased holder that would have otherwise passed to the surviving holder by reason of the deceased holder's death.
(b) If an interest in survivorship property is disclaimed by a surviving holder of the property:
(1) the disclaimer:
(A) takes effect as of the time of the deceased holder's death; and
(B) relates back for all purposes to the time of the deceased holder's death; and
(2) the disclaimed interest is not subject to the claims of any creditor of the disclaimant.
(c) An interest in survivorship property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
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 22f95ec7279e47fd9c1714976fae34aded1e662f5ee3c80a6b3da772741fb2b4
- 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
Cited by 1 provision
Provisions in this library whose text cites Tex. Prop. Code § 240.052. Each shows the citation as that text prints it.
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.