Tex. Est. Code Section 152.102
Hearing; Issuance of Order

(a)

If the court finds that there is good cause to believe that the decedent’s surviving spouse is the principal or an accomplice in a wilful act that resulted in the decedent’s death, the court may, after notice and a hearing, limit the surviving spouse’s right to control the decedent’s burial or cremation.

(b)

Subsection (a) applies:

(1)

without regard to whether the decedent died intestate or testate;

(2)

regardless of whether the surviving spouse is designated by the decedent’s will as the executor of the decedent’s estate; and

(3)

subject to the prohibition described by Section 711.002 (Disposition of Remains; Duty to Inter)(l), Health and Safety Code.

(c)

If the court limits the surviving spouse’s right of control as provided by Subsection (a), the court shall designate and authorize a person to make burial or cremation arrangements.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.011, eff. January 1, 2014.

Source: Section 152.102 — Hearing; Issuance of Order, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­152.­htm#152.­102 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 152.102’s source at texas​.gov