§ 456. Proof of Agreement

Codes > Texas Probate Code > Chapter XI > Part 3 > 456.

456. Proof of Agreement

(a) Application for Adjudication. An agreement between spouses creating a right of survivorship in community property that satisfies the requirements of this part is effective without an adjudication. After the death of a spouse, however, the surviving spouse or the personal representative of the surviving spouse may apply to the court for an order stating that the agreement satisfies the requirements of this code and is effective to create a right of survivorship in community property. The original agreement shall be filed with the application for an adjudication. An application for an adjudication under this section must include:

(1) the name and domicile of the surviving spouse;

(2) the name and former domicile of the decedent and the fact, time, and place of death;

(3) facts establishing venue in the court; and

(4) the social security number of the decedent, if known.

(b) Proof Required. An applicant for an adjudication under this section must prove to the satisfaction of the court:

(1) that the spouse whose community property interest is at issue is dead;

(2) that the court has jurisdiction and venue;

(3) that the agreement was executed with the formalities required by law;

(4) that the agreement was not revoked; and

(5) that citation has been served and returned in the manner and for the length of time required by this code.

(c) Method of Proof. The deceased spouse's signature to the agreement may be proved by the sworn testimony of one witness taken in open court, by the affidavit of one witness, or by the deposition of one witness, either written or oral, taken in the same manner and under the same rules as depositions in other civil actions. If the surviving spouse is competent to make an oath, the surviving spouse's signature to the agreement may be proved by the sworn testimony of the surviving spouse taken in open court, by the affidavit of the surviving spouse, or by the deposition of the surviving spouse either written or oral, taken in the same manner and under the same rules as depositions in other civil actions. If the surviving spouse is not competent to make an oath, the surviving spouse's signature to the agreement may be proved in the manner provided above for the proof of the deceased spouse's signature.

(d) Venue. An application for an adjudication under this section must be filed in the county of proper venue for administration of the deceased spouse's estate.