Tex. Prop. Code § 26.005 · Chapter 26. USE OF A DECEASED INDIVIDUAL'S NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS
OWNERSHIP AFTER DEATH OF INDIVIDUAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the ownership of the property right of an individual has not been transferred at or before the death of the individual, the property right vests as follows:
(1) if there is a surviving spouse but there are no surviving children or grandchildren, the entire interest vests in the surviving spouse;
(2) if there is a surviving spouse and surviving children or grandchildren, one-half the interest vests in the surviving spouse and one-half the interest vests in the surviving children or grandchildren;
(3) if there is no surviving spouse, the entire interest vests in the surviving children of the deceased individual and the surviving children of any deceased children of the deceased individual; or
(4) if there is no surviving spouse, children, or grandchildren, the entire interest vests in the surviving parents of the deceased individual.
(b) The interests of the deceased individual's children and grandchildren are divided among them and exercisable on a per stirpes basis in the manner provided by Section 201.101, Estates Code, according to the number of the deceased individual's children represented. If there is more than one child of a deceased child of the deceased individual, the share of a child of a deceased child may only be exercised by a majority of the children of the deceased child.
(c) If the property right is split among more than one person, those persons who own more than a one-half interest in the aggregate may exercise the right on behalf of all persons who own the right.
Notes and commentary — not statutory text
History
Added by Acts 1987, 70th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.058, 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/PR/htm/PR.26.htm
- Text hash
- sha256 585a7e9e0d409ff2f484355870772d2dc401a8c98a73dc1cb2a1bd9e9ac79660
- 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
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