Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 111.054 - Application of State Law to Certain Nontestamentary Transfers(a) This section applies if more than 50 percent of the:(1) assets in an account at a financial institution, in a retirement account, or in another similar arrangement are owned, immediately before a possible nontestamentary transfer of the assets, by one or more persons domiciled in this state; or(2) interests under an insurance contract, annuity contract, beneficiary designation, or other similar arrangement are owned, immediately before a possible nontestamentary transfer of the interests, by one or more persons domiciled in this state.(b) Notwithstanding a choice of law or other contractual provision in an agreement prepared or provided by a contracting third party, Texas law applies to determine:(1) whether a nontestamentary transfer of assets or interests described by Subsection (a) has occurred; and(2) the ownership of the assets or interests following a possible nontestamentary transfer.(c) Notwithstanding a choice of law or other contractual provision in an agreement prepared or provided by a contracting third party, any person, including a personal representative, who is asserting an ownership interest in assets or interests described by Subsection (a) subject to a possible nontestamentary transfer shall have access to the courts of this state for a judicial determination of: (1) whether a nontestamentary transfer of the assets or interests has occurred; or(2) the ownership of the assets or interests following a possible nontestamentary transfer.(d) Subsections (a), (b), and (c) do not apply to an obligation:(1) owed by a party to the contracting third party; or(2) owed by the contracting third party to a party.(e) This section applies to a community property survivorship agreement governed by Chapter 112 and a multiple-party account governed by Chapter 113.Added by Acts 2013, 83rd Leg. - Regular Session, ch. 1136,Sec. 10, eff. 1/1/2014.