An emergency intervention application must be sworn and must include specified facts and identifying information.
Sec. 152.002. CONTENTS OF APPLICATION. (a) An emergency intervention application must be sworn and must contain: (1) the applicant's name, address, and interest; (2) facts showing an immediate necessity for the issuance of an emergency intervention order under Subchapter B; (3) the decedent's date of death, place of death, and residential address on the date of death; (4) the name and address of the funeral home holding the decedent's remains or paid by the applicant for the decedent's funeral and burial; and (5) the names of any known or ascertainable heirs and devisees of the decedent. (b) In addition to the information required under Subsection (a), if emergency intervention is requested to obtain funds needed for the payment or reimbursement of the decedent's funeral and burial expenses, the application must also contain: (1) the reason any known or ascertainable heirs and devisees of the decedent: (A) cannot be contacted; or (B) have refused to assist in the decedent's burial; (2) a description of necessary funeral and burial procedures and a statement from the funeral home that contains a detailed and itemized description of the cost of those procedures; (3) the name and address of an individual, entity, or financial institution, including an employer, in possession of any funds of or due to the decedent, and related account numbers and balances, if known by the applicant; and (4) if applicable, the amount paid by the applicant for the funeral and burial procedures described by Subdivision (2). (c) In addition to the information required under Subsection (a), if emergency intervention is requested to gain access to accommodations rented by a decedent that at the time of the decedent's death contain the decedent's personal property, the application must also contain: (1) the reason any known or ascertainable heirs and devisees of the decedent: (A) cannot be contacted; or (B) have refused to assist in the protection of the decedent's personal property; (2) the type and location of the decedent's personal property and the name of the person in possession of the property; and (3) the name and address of the owner or manager of the accommodations and a statement regarding whether access to the accommodations is necessary. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 13.002, eff. September 1, 2023.