If the ownership threshold is met, Texas law controls certain nontestamentary transfer questions, and eligible claimants can go to Texas courts for a judicial determination.
Sec. 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., R.S., Ch. 1136 (H.B. 2912), Sec. 10, eff. January 1, 2014. SUBCHAPTER C. PROVISION OF CERTAIN INFORMATION ON DEATH