(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.

Terms Used In Texas Estates Code 1355.001

  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Estate: means a decedent's property, as that property:
    (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
    (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
    (3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Minor: means a person younger than 18 years of age who:
    (1) has never been married; and
    (2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033

(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.

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