Tex. Codes » Business Organizations Code · TITLE 3. LIMITED LIABILITY COMPANIES · CHAPTER 101. LIMITED LIABILITY COMPANIES
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Tex. Bus. Orgs. Code § 101.1115 (2026)

Effect Of Death Or Divorce On Membership Interest

✓ current as of May 2026
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Sec. 101.1115. EFFECT OF DEATH OR DIVORCE ON MEMBERSHIP INTEREST. (a) For purposes of this code:

(1) on the divorce of a member, the member's spouse, to the extent of the spouse's membership interest, if any, is an assignee of the membership interest;

(2) on the death of a member, the member's surviving spouse, if any, and an heir, devisee, personal representative, or other successor of the member, to the extent of their respective membership interest, are assignees of the membership interest; and

(3) on the death of a member's spouse, an heir, devisee, personal representative, or other successor of the spouse, other than the member, to the extent of their respective membership interest, if any, is an assignee of the membership interest.

(b) This chapter does not impair an agreement for the purchase or sale of a membership interest at any time, including on the death or divorce of an owner of the membership interest.

Added by Acts 2011, 82nd Leg., R.S., Ch. 139 (S.B. 748), Sec. 36, eff. September 1, 2011.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2015–2023 · leading case: Wellness & Aesthetics Inst., PA & the Est. of Constantine Kotsanis v. JB&B Capital, LLC (Tex. App. 2023).
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Wellness & Aesthetics Inst., PA & the Est. of Constantine Kotsanis v. JB&B Capital, LLC (Tex. App. 2023). · cites it 2× “Indispensable parties Tex. Bus. Orgs. Code § 101.1115(2), c. Assignment of membership interests in professional association Tex.”
Holly Henderson, Formerly Known As, Holly Citelli v. Stephen E. Chrisman & Traci L. Chrisman (Tex. App. 2015). · cites it 3× “18 TEX. BUS. ORG. CODE § 101.109 ...........”
in Re: Gearbox Software LLC (Tex. App. 2015). · cites it 2× “406(a)(1) . . . . . . . . . . . . . . . . . . . . .”
in the Est. of Rene Huron (Tex. App. 2023). “See TEX. BUS. ORGS. CODE ANN. § 101.052(c) (allowing, with some exceptions, LLC to waive or modify Business Organizations Code provisions in a company agreement); see also TEX.”
— Tex. Bus. Orgs. Code § 101.1115(2) — 1 case
Wellness & Aesthetics Inst., PA & the Est. of Constantine Kotsanis v. JB&B Capital, LLC (Tex. App. 2023). “Indispensable parties Tex. Bus. Orgs. Code § 101.1115(2), c. Assignment of membership interests in professional association Tex.”
— Tex. Bus. Orgs. Code § 101.1115(a)(1) — 1 case
in Re: Gearbox Software LLC (Tex. App. 2015). “406(a)(1) . . . . . . . . . . . . . . . . . . . . .”
— Tex. Bus. Orgs. Code § 101.1115(a)(2) — 1 case
in the Est. of Rene Huron (Tex. App. 2023). “See TEX. BUS. ORGS. CODE ANN. § 101.052(c) (allowing, with some exceptions, LLC to waive or modify Business Organizations Code provisions in a company agreement); see also TEX.”
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