{"data":{"id":"us-tx/tex.-estates-code-152.102","jurisdiction":"us-tx","citation":"Tex. Estates Code § 152.102","heading":"HEARING; ISSUANCE OF ORDER.","body":"(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.\n(b) Subsection (a) applies:\n(1) without regard to whether the decedent died intestate or testate;\n(2) regardless of whether the surviving spouse is designated by the decedent's will as the executor of the decedent's estate; and\n(3) subject to the prohibition described by Section 711.002(l), Health and Safety Code.\n(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.\nAdded by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.\nAmended by:\nActs 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.011, eff. January 1, 2014.","path":["ESTATES CODE","TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY","SUBTITLE D. PROCEEDINGS BEFORE ADMINISTRATION OF ESTATE","CHAPTER 152. EMERGENCY INTERVENTION","SUBCHAPTER C. LIMITATION ON RIGHT OF DECEDENT'S SURVIVING SPOUSE TO CONTROL DECEDENT'S BURIAL OR CREMATION"],"source_url":"https://statutes.capitol.texas.gov/Docs/ES/htm/ES.152.htm#152.102","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:08Z","sha256":"12f935836f25374b0ed19bff90a3806f8e16005975573fa01de934f44bbd09ad","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-estates-code-152.101","next":"us-tx/tex.-estates-code-153.001"},"notice":"GroundRules: Original legal text. Not legal advice."}