Tex. Est. Code § 113.152 · Subchapter D. RIGHTS OF SURVIVORSHIP IN ACCOUNTS
OWNERSHIP OF P.O.D. ACCOUNT ON DEATH OF PARTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the account is a P.O.D. account and there is a written agreement signed by the original payee or payees, on the death of the original payee or on the death of the survivor of two or more original payees, any sums remaining on deposit belong to:
(1) the P.O.D. payee or payees if surviving; or
(2) the survivor of the P.O.D. payees if one or more P.O.D. payees die before the original payee.
(b) If two or more P.O.D. payees survive, no right of survivorship exists between the surviving P.O.D. payees unless the terms of the account or deposit agreement expressly provide for survivorship between those payees.
(c) A guardian of the estate or an attorney in fact or agent of an original payee may sign a written agreement described by Subsection (a) on behalf of the original payee.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 2, eff. September 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.113.htm
- Text hash
- sha256 de03d07504df387733808a6a3e6f1ce13413aa582a402d4fd3901564de6885e6
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 4 provisions
Provisions in this library whose text cites Tex. Est. Code § 113.152. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 113.155EFFECT OF DEATH OF PARTY ON CERTAIN ACCOUNTS WITHOUT RIGHTS OF SURVIVORSHIP.Printed as Sections 113.151, 113.152, and 113.153
- Tex. Est. Code § 113.156APPLICABILITY OF CERTAIN PROVISIONS ON DEATH OF PARTY.Printed as Sections 113.151, 113.152, 113.153, and 113.155
- Tex. Est. Code § 113.158NONTESTAMENTARY NATURE OF CERTAIN TRANSFERS.Printed as Sections 113.151, 113.152, 113.153, and 113.155
- Tex. Est. Code § 113.203PAYMENT OF JOINT ACCOUNT.Printed as Sections 113.151, 113.152, 113.153, and 113.155
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.