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Current as of January 01, 2024 | Updated by Findlaw Staff
(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(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.
Cite this article: FindLaw.com - Texas Estates Code - EST § 152.102. Hearing; Issuance of Order - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-152-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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