Texas Property Code 240.102 – Disclaimer of Interest Created Under Intestate Succession or Will
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Terms Used In Texas Property Code 240.102
- Decedent: A deceased person.
- Intestate: Dying without leaving a will.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
In the case of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust:
(1) a disclaimer must be delivered to the personal representative of the decedent‘s estate; or
(2) if no personal representative is then serving, a disclaimer must be filed in the official public records of any county in which the decedent:
(A) was domiciled on the date of the decedent’s death; or
(B) owned real property.