Texas Estates Code 112.102 – Proof Required by Court
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Terms Used In Texas Estates Code 112.102
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: means real and personal property. See Texas Government Code 311.005
- Venue: The geographical location in which a case is tried.
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.