reglab/housing_qa huggingface dataset:
TX Est Code § 101.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 101 - Estate Assets in General|Subchapter B. Liability of Estate for Debts|Section 101.051. Liability of Estate for Debts in General

Sec. 101.051.  LIABILITY OF ESTATE FOR DEBTS IN GENERAL.  (a)  A decedent's estate vests in accordance with Section 101.001(a) subject to the payment of:(1)  the debts of the decedent, except as exempted by law; and(2)  any court-ordered child support payments that are delinquent on the date of the decedent's death.(b)  A decedent's estate vests in accordance with Section 101.001(b) subject to the payment of, and is still liable for:(1)  the debts of the decedent, except as exempted by law; and(2)  any court-ordered child support payments that are delinquent on the date of the decedent's death.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 101.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 101 - Estate Assets in General|Subchapter B. Liability of Estate for Debts|Section 101.052. Liability of Community Property for Debts of Deceased Spouse

Sec. 101.052.  LIABILITY OF COMMUNITY PROPERTY FOR DEBTS OF DECEASED SPOUSE.  (a)  The community property subject to the sole or joint management, control, and disposition of a spouse during marriage continues to be subject to the liabilities of that spouse on death.(b)  The interest that the deceased spouse owned in any other nonexempt community property passes to the deceased spouse's heirs or devisees charged with the debts that were enforceable against the deceased spouse before death.(c)  This section does not prohibit the administration of community property under other provisions of this title relating to the administration of an estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 111.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 111 - Nonprobate Assets in General|Subchapter A. Right of Survivorship Agreements|Section 111.001. Right of Survivorship Agreements Authorized

Sec. 111.001.  RIGHT OF SURVIVORSHIP AGREEMENTS AUTHORIZED.  (a)  Notwithstanding Section 101.002, two or more persons who hold an interest in property jointly may agree in writing that the interest of a joint owner who dies survives to the surviving joint owner or owners.(b)  An agreement described by Subsection (a) may not be inferred from the mere fact that property is held in joint ownership.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 111.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 111 - Nonprobate Assets in General|Subchapter A. Right of Survivorship Agreements|Section 111.002. Agreements Concerning Community Property

Sec. 111.002.  AGREEMENTS CONCERNING COMMUNITY PROPERTY.  (a)  Section 111.001 does not apply to an agreement between spouses regarding the spouses' community property.(b)  An agreement between spouses regarding a right of survivorship in community property is governed by Chapter 112.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 111.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 111 - Nonprobate Assets in General|Subchapter B. Other Provisions for Payment or Transfer|Section 111.051. Definitions

Sec. 111.051.  DEFINITIONS.  In this subchapter:(1)  "Contracting third party" means a financial institution, insurance company, plan custodian, plan administrator, or other person who is a party to an account agreement, insurance contract, annuity contract, retirement account, beneficiary designation, or other similar contract the terms of which control whether a nontestamentary transfer has occurred or to whom property passes as a result of a possible nontestamentary transfer. The term does not include a person who is:(A)  an owner of the property subject to a possible nontestamentary transfer; or(B)  a possible recipient of the property subject to a possible nontestamentary transfer.(1-a)  "Employees' trust" means:(A)  a trust that forms a part of a stock-bonus, pension, or profit-sharing plan under Section 401, Internal Revenue Code of 1954 (26 U.S.C. Section 401 (1986));(B)  a pension trust under Chapter 111, Property Code; and(C)  an employer-sponsored benefit plan or program, or any other retirement savings arrangement, including a pension plan created under Section 3, Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1002 (1986)), regardless of whether the plan, program, or arrangement is funded through a trust.(2)  "Financial institution" has the meaning assigned by Section 113.001.(3)  "Individual retirement account" means a trust, custodial arrangement, or annuity under Section 408(a) or (b), Internal Revenue Code of 1954 (26 U.S.C. Section 408 (1986)).(4)  "Retirement account" means a retirement-annuity contract, an individual retirement account, a simplified employee pension, or any other retirement savings arrangement.(5)  "Retirement-annuity contract" means an annuity contract under Section 403, Internal Revenue Code of 1954 (26 U.S.C. Section 403 (1986)).(6)  "Simplified employee pension" means a trust, custodial arrangement, or annuity under Section 408, Internal Revenue Code of 1954 (26 U.S.C. Section 408 (1986)).|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 9, eff. January 1, 2014.|
TX Est Code § 111.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 111 - Nonprobate Assets in General|Subchapter B. Other Provisions for Payment or Transfer|Section 111.052. Validity of Certain Nontestamentary Instruments and Provisions

Sec. 111.052.  VALIDITY OF CERTAIN NONTESTAMENTARY INSTRUMENTS AND PROVISIONS.  (a)  This code does not invalidate:(1)  any provision in an insurance policy, employment contract, bond, mortgage, promissory note, deposit agreement, employees' trust, retirement account, deferred compensation arrangement, custodial agreement, pension plan, trust agreement, conveyance of property, security, account with a financial institution, mutual fund account, or any other written instrument effective as a contract, gift, conveyance, or trust, stating that:(A)  money or other benefits under the instrument due to or controlled or owned by a decedent shall be paid after the decedent's death, or property that is the subject of the instrument shall pass, to a person designated by the decedent in the instrument or in a separate writing, including a will, executed at the same time as the instrument or subsequently; or(B)  money due or to become due under the instrument shall cease to be payable if the promisee or promissor dies before payment or demand; or(2)  an instrument described by Subdivision (1).(b)  A provision described by Subsection (a)(1) is considered nontestamentary.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 111.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 111 - Nonprobate Assets in General|Subchapter B. Other Provisions for Payment or Transfer|Section 111.053. Creditor's Rights Not Limited

Sec. 111.053.  CREDITOR'S RIGHTS NOT LIMITED.  Nothing in this subchapter limits the rights of a creditor under another law of this state.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 111.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 111 - Nonprobate Assets in General|Subchapter B. Other Provisions for Payment or Transfer|Section 111.054. Application of State Law to Certain Nontestamentary Transfers

Sec. 111.054.  APPLICATION OF STATE LAW TO CERTAIN NONTESTAMENTARY TRANSFERS.  (a)  This section applies if more than 50 percent of the:(1)  assets in an account at a financial institution, in a retirement account, or in another similar arrangement are owned, immediately before a possible nontestamentary transfer of the assets, by one or more persons domiciled in this state; or(2)  interests under an insurance contract, annuity contract, beneficiary designation, or other similar arrangement are owned, immediately before a possible nontestamentary transfer of the interests, by one or more persons domiciled in this state.(b)  Notwithstanding a choice of law or other contractual provision in an agreement prepared or provided by a contracting third party, Texas law applies to determine:(1)  whether a nontestamentary transfer of assets or interests described by Subsection (a) has occurred; and(2)  the ownership of the assets or interests following a possible nontestamentary transfer.(c)  Notwithstanding a choice of law or other contractual provision in an agreement prepared or provided by a contracting third party, any person, including a personal representative, who is asserting an ownership interest in assets or interests described by Subsection (a) subject to a possible nontestamentary transfer shall have access to the courts of this state for a judicial determination of:(1)  whether a nontestamentary transfer of the assets or interests has occurred; or(2)  the ownership of the assets or interests following a possible nontestamentary transfer.(d)  Subsections (a), (b), and (c) do not apply to an obligation:(1)  owed by a party to the contracting third party; or(2)  owed by the contracting third party to a party.(e)  This section applies to a community property survivorship agreement governed by Chapter 112 and a multiple-party account governed by Chapter 113.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 10, eff. January 1, 2014.|
TX Est Code § 111.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 111 - Nonprobate Assets in General|Subchapter C. Provision of Certain Information on Death|Section 111.101. Definitions

Sec. 111.101.  DEFINITIONS.  In this subchapter:(1)  "Contracting third party" has the meaning assigned by Section 111.051.(2)  "Deceased party" means a deceased:(A)  party to a multiple-party account governed by Chapter 113;(B)  owner of property subject to a possible nontestamentary transfer as described by Section 111.051(1); or(C)  insured under an insurance contract.|Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 2, eff. September 1, 2019.|
TX Est Code § 111.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 111 - Nonprobate Assets in General|Subchapter C. Provision of Certain Information on Death|Section 111.102. Provision of Information to Personal Representative of Deceased Party

Sec. 111.102.  PROVISION OF INFORMATION TO PERSONAL REPRESENTATIVE OF DECEASED PARTY.  To the extent not prohibited by federal or other state law, a contracting third party shall, on request, provide to the personal representative of a deceased party's estate all information the contracting third party would have provided to the deceased party as of the date of the deceased party's death, if the deceased party had requested the information, without regard to whether the deceased party's estate has an interest in the multiple-party account, the property subject to a possible nontestamentary transfer, or the insurance contract.|Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 2, eff. September 1, 2019.|
TX Est Code § 112.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 112 - Community Property With Right of Survivorship|Subchapter A. General Provisions|Section 112.001. Definition of Community Property Survivorship Agreement

Sec. 112.001.  DEFINITION OF COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT.  In this chapter, "community property survivorship agreement" means an agreement between spouses creating a right of survivorship in community property.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 112.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 112 - Community Property With Right of Survivorship|Subchapter A. General Provisions|Section 112.002. Applicability of Other Law to Community Property Held in Multiple-Party Accounts

Sec. 112.002.  APPLICABILITY OF OTHER LAW TO COMMUNITY PROPERTY HELD IN MULTIPLE-PARTY ACCOUNTS.  Chapter 113 applies to multiple-party accounts held by spouses with a right of survivorship to the extent that chapter is not inconsistent with this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 112.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 112 - Community Property With Right of Survivorship|Subchapter B. Community Property Survivorship Agreements|Section 112.051. Agreement for Right of Survivorship in Community Property

Sec. 112.051.  AGREEMENT FOR RIGHT OF SURVIVORSHIP IN COMMUNITY PROPERTY.  At any time, spouses may agree between themselves that all or part of their community property, then existing or to be acquired, becomes the property of the surviving spouse on the death of a spouse.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 112.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 112 - Community Property With Right of Survivorship|Subchapter B. Community Property Survivorship Agreements|Section 112.052. Form of Agreement

Sec. 112.052.  FORM OF AGREEMENT.  (a)  A community property survivorship agreement must be in writing and signed by both spouses.(b)  A written agreement signed by both spouses is sufficient to create a right of survivorship in the community property described in the agreement if the agreement includes any of the following phrases:(1)  "with right of survivorship";(2)  "will become the property of the survivor";(3)  "will vest in and belong to the surviving spouse";  or(4)  "shall pass to the surviving spouse."(c)  Notwithstanding Subsection (b), a community property survivorship agreement that otherwise meets the requirements of this chapter is effective without including any of the phrases listed in that subsection.(d)  A survivorship agreement may not be inferred from the mere fact that an account is a joint account or that an account is designated as JT TEN, Joint Tenancy, or joint, or with other similar language.|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. 2.06, eff. January 1, 2014.|
TX Est Code § 112.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 112 - Community Property With Right of Survivorship|Subchapter B. Community Property Survivorship Agreements|Section 112.053. Adjudication Not Required

Sec. 112.053.  ADJUDICATION NOT REQUIRED.  A community property survivorship agreement that satisfies the requirements of this chapter is effective and enforceable without an adjudication.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 112.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 112 - Community Property With Right of Survivorship|Subchapter B. Community Property Survivorship Agreements|Section 112.054. Revocation of Agreement

Sec. 112.054.  REVOCATION OF AGREEMENT.  (a)  A community property survivorship agreement made in accordance with this chapter may be revoked as provided by the terms of the agreement.(b)  If a community property survivorship agreement does not provide a method of revocation, the agreement may be revoked by a written instrument:(1)  signed by both spouses; or(2)  signed by one spouse and delivered to the other spouse.(c)  A community property survivorship agreement may be revoked with respect to specific property subject to the agreement by the disposition of the property by one or both spouses if the disposition is not inconsistent with specific terms of the agreement and applicable law.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 112.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 112 - Community Property With Right of Survivorship|Subchapter C. Adjudication to Prove Community Property Survivorship Agreement|Section 112.101. Application Authorized

Sec. 112.101.  APPLICATION AUTHORIZED.  (a)  Notwithstanding Section 112.053, after the death of a spouse, the surviving spouse or the surviving spouse's personal representative may apply to the court for an order stating that a community property survivorship agreement satisfies the requirements of this chapter and is effective to create a right of survivorship in community property.(b)  An application under this section must include:(1)  the surviving spouse's name and domicile;(2)  the deceased spouse's name and former domicile;(3)  the fact, time, and place of the deceased spouse's death;(4)  facts establishing venue in the court; and(5)  the deceased spouse's social security number, if known.(c)  An application under this section must be filed in the county of proper venue for administration of the deceased spouse's estate.(d)  The original community property survivorship agreement shall be filed with an application under this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 112.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 112 - Community Property With Right of Survivorship|Subchapter C. Adjudication to Prove Community Property Survivorship Agreement|Section 112.102. Proof Required by Court

Sec. 112.102.  PROOF REQUIRED BY COURT.  An applicant for an order under Section 112.101 must prove to the court's satisfaction that:(1)  the spouse whose community property interest is at issue is deceased;(2)  the court has jurisdiction and venue;(3)  the agreement was executed with the formalities required by law;(4)  the agreement was not revoked; and(5)  citation has been served and returned in the manner and for the length of time required by this title.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 112.103 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 112 - Community Property With Right of Survivorship|Subchapter C. Adjudication to Prove Community Property Survivorship Agreement|Section 112.103. Method of Proof of Signatures

Sec. 112.103.  METHOD OF PROOF OF SIGNATURES.  (a)  The deceased spouse's signature to an agreement that is the subject of an application under Section 112.101 may be proved by:(1)  the sworn testimony of one witness taken in open court;(2)  the affidavit of one witness; or(3)  the written or oral deposition of one witness taken in accordance with Section 51.203 or the Texas Rules of Civil Procedure.(b)  If the surviving spouse is competent to make an oath, the surviving spouse's signature to the agreement may be proved by:(1)  the sworn testimony of the surviving spouse taken in open court;(2)  the surviving spouse's affidavit; or(3)  the written or oral deposition of the surviving spouse taken in accordance with Section 51.203 or the Texas Rules of Civil Procedure.(c)  If the surviving spouse is not competent to make an oath, the surviving spouse's signature to the agreement may be proved in the manner provided by Subsection (a) for proof of the deceased spouse's signature.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 3, eff. September 1, 2017.|
TX Est Code § 112.104 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 112 - Community Property With Right of Survivorship|Subchapter C. Adjudication to Prove Community Property Survivorship Agreement|Section 112.104. Court Action; Issuance of Order

Sec. 112.104.  COURT ACTION; ISSUANCE OF ORDER.  (a)  On completion of a hearing on an application under Section 112.101, if the court is satisfied that the requisite proof has been made, the court shall enter an order adjudging the agreement valid.(b)  Certified copies of the agreement and order may be:(1)  recorded in other counties; and(2)  used in evidence, as the original agreement might be, on the trial of the same matter in any other court, on appeal or otherwise.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 112.105 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 112 - Community Property With Right of Survivorship|Subchapter C. Adjudication to Prove Community Property Survivorship Agreement|Section 112.105. Effect of Order

Sec. 112.105.  EFFECT OF ORDER.  (a)  An order under this subchapter adjudging a community property survivorship agreement valid constitutes sufficient authority to a person who:(1)  owes money, has custody of any property, or acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right that is subject to the terms of the agreement; or(2)  purchases from or otherwise deals with the surviving spouse for payment or transfer to the surviving spouse.(b)  The surviving spouse may enforce that spouse's right to a payment or transfer from a person described by Subsection (a)(2).|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|