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Texas Statutes (Last Updated: January 4, 2014) |
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PROBATE CODE |
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Chapter V. PROBATE AND GRANT OF ADMINISTRATION |
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Part 3. EMERGENCY INTERVENTION PROCEEDINGS; FUNERAL AND BURIAL EXPENSES |
Sec. 115. LIMITATION ON RIGHT OF SURVIVING SPOUSE TO CONTROL DECEASED'S BURIAL OR CREMATION
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(a) An application under this section may be filed by:
(1) the executor of the deceased's will; or
(2) the next of kin of the deceased, the nearest in order of descent first, and so on, and next of kin includes the deceased's descendants who legally adopted the deceased or who have been legally adopted by the deceased.
(b) An application under this section must be under oath and must establish:
(1) whether the deceased died intestate or testate;
(2) the surviving spouse is alleged to be a principal or accomplice in a wilful act which resulted in the death of the deceased; and
(3) good cause exists to limit the right of the surviving spouse to control the burial and interment or cremation of the deceased spouse.
(c) After notice and hearing, without regard to whether the deceased died intestate or testate, and subject to the prohibition described by Section 711.002(l), Health and Safety Code, a court may limit the right of a surviving spouse, whether or not the spouse has been designated by the deceased's will as the executor of a deceased spouse's estate, to control the burial and interment or cremation of the deceased spouse if the court finds that there is good cause to believe that the surviving spouse is the principal or an accomplice in a wilful act which resulted in the death of the deceased spouse.
(d) If the court limits the surviving spouse's right of control, as provided by Subsection (c), the court shall designate and authorize a person to make burial or cremation arrangements.