Tex. Est. Code § 1355.105 · Subchapter C. WITHDRAWAL OF MONEY
WITHDRAWAL OF MONEY BY CREDITOR OR CREDITOR'S HEIR, REPRESENTATIVE, OR GUARDIAN.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On presentation to the court clerk of an order of a county or probate court of the county in which the money is held, money that is not withdrawn by an authorized person as provided by this chapter may be withdrawn by:
(1) the creditor, after termination of the creditor's disability;
(2) a subsequent personal representative of the creditor;
(3) the creditor's heirs; or
(4) a nonresident guardian of the estate appointed by a foreign court for a creditor who is:
(A) a nonresident minor; or
(B) a nonresident person who is adjudged to be incapacitated.
(b) Except as provided by Subsection (b-1), a withdrawal under Subsection (a) may be made at any time and without a special bond for that purpose.
(b-1) A court may require a nonresident guardian of the estate of a creditor who is a nonresident minor or nonresident incapacitated person as described by Subsection (a)(4) to provide proof that the nonresident guardian of the estate gave an adequate bond in the foreign jurisdiction if the court determines that it is in the nonresident minor's or nonresident incapacitated person's best interest.
(c) The order presented under Subsection (a) must direct the court clerk to deliver the money to:
(1) the creditor;
(2) the creditor's personal representative;
(3) the creditor's heirs named in the order; or
(4) if the creditor is a nonresident minor or nonresident person who is adjudged to be incapacitated, the creditor's nonresident guardian of the estate.
(d) Before the court may issue an order under this section, the person's identity and credentials must be proved to the court's satisfaction. For purposes of this subsection, a nonresident guardian of the estate described by Subsection (c)(4) must present to the court exemplified copies of the order of a foreign court appointing the guardian and current letters of guardianship issued in the foreign jurisdiction.
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 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 65, eff. September 1, 2021.
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 9905ac722dcffcfc164fb565cba313721e6057194409883e0d09820cce05f68b
- 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 1 provision
Provisions in this library whose text cites Tex. Est. Code § 1355.105. Each shows the citation as that text prints it.
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.