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Texas Probate Code - Section 111. Contents Of Emergency Intervention Application For Funeral And Burial Expenses

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 111. Contents Of Emergency Intervention Application For Funeral And Burial Expenses

§ 111. CONTENTS OF EMERGENCY INTERVENTION APPLICATION FOR 
FUNERAL AND BURIAL EXPENSES.  (a) An application for emergency 
intervention to obtain funds needed for a decedent's funeral and 
burial expenses must be sworn and must contain:
	(1)  the name, address, social security number, and interest 
of the applicant;
	(2)  the facts showing an immediate necessity for the 
issuance of an emergency intervention order under this section by 
the court;
	(3)  the date of the decedent's death, place of death, 
decedent's residential address, and the name and address of the 
funeral home holding the decedent's remains;
	(4)  any known or ascertainable heirs and devisees of the 
decedent and the reason:
	(A)  the heirs and devisees cannot be contacted;  or                           
	(B)  the heirs and devisees have refused to assist in the 
decedent's burial; 
	(5)  a description of funeral and burial procedures 
necessary and a statement from the funeral home that contains a 
detailed and itemized description of the cost of the funeral and 
burial procedures;  and
	(6)  the name and address of an individual, entity, or 
financial institution, including an employer, that is in possession 
of any funds of or due to the decedent, and related account numbers 
and balances, if known by the applicant.
	(b)  The application shall also state whether there are any 
written instructions from the decedent relating to the type and 
manner of funeral or burial the decedent would like to have.  The 
applicant shall attach the instructions, if available, to the 
application and shall fully comply with the instructions.  If 
written instructions do not exist, the applicant may not permit the 
decedent's remains to be cremated unless the applicant obtains the 
court's permission to cremate the decedent's remains.

Added by Acts 1993, 73rd Leg., ch. 712, § 7, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 642, § 8, eff. Sept. 1, 
1995.  Renumbered from V.A.T.S., Probate Code § 522 and amended 
by Acts 1997, 75th Leg., ch. 199, § 1, eff. Sept. 1, 1997.

Last modified: August 11, 2007