Tex. Est. Code § 1355.001 · Subchapter A. PAYMENT OF CLAIMS TO CERTAIN INCAPACITATED PERSONS AND FORMER WARDS
PAYMENT OF CLAIMS TO RESIDENT CREDITOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section, "resident creditor" means a person who:
(1) is a resident of this state; and
(2) is entitled to money in an amount that is $250,000 or less, the right to which is liquidated and is uncontested in any pending lawsuit.
(b) This section applies only to a resident creditor who:
(1) is an incapacitated person or the former ward of a guardianship terminated under Chapter 1204; and
(2) does not have a legal guardian of the creditor's estate.
(c) A debtor who owes money to a resident creditor to whom this section applies may pay the money to the county clerk of the county in which the creditor resides to the account of the creditor. When making a payment under this subsection, a debtor shall give to the clerk:
(1) the creditor's name;
(2) the creditor's social security identification number;
(3) the nature of the creditor's disability;
(4) the creditor's post office address; and
(5) if the creditor is a minor, the creditor's age.
(d) The receipt for the money signed by the county clerk is binding on the resident creditor as of the date of receipt and to the extent of the payment.
(e) The county clerk shall:
(1) by letter mailed to the address given under Subsection (c)(4), apprise the resident creditor that the deposit was made; and
(2) on receipt of the payment, bring the payment to the court's attention.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 29, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1355.htm
- Text hash
- sha256 b36967f36345c8c2895a268aba5f0cace5df40e05116f2a99b2d659a0063faa7
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 3 provisions
Provisions in this library whose text cites Tex. Est. Code § 1355.001. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 1355.002PAYMENT OF CLAIMS TO NONRESIDENT CREDITOR.Printed as Sections 1355.001, 1355.051, 1355.052, 1355.102, 1355.103, and 1355.104
- Tex. Est. Code § 1355.051INVESTMENT OF MONEY BY CLERK.Printed as Section 1355.001
- Tex. Est. Code § 1355.101APPLICABILITY OF SUBCHAPTER.Printed as Section 1355.001
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