Texas Estates Code 1355.103 – Withdrawal of Money by Custodian; Bond
(a) A resident creditor’s custodian may withdraw the money from the court clerk for the creditor’s use and benefit if the custodian files with the clerk:
(1) a written application; and
(2) a bond approved by the county judge.
(b) A custodian’s bond must be:
(1) twice the amount of the money to be withdrawn by the custodian;
(2) payable to the judge or the judge’s successors in office; and
(3) conditioned that the custodian will:
(A) use the money for the resident creditor’s benefit under the court’s direction; and
(B) when legally required, faithfully account to the resident creditor and the creditor’s heirs or legal representatives for the money and any increase to the money on:
(i) the removal of the creditor’s disability;
(ii) the creditor’s death; or
(iii) the appointment of a guardian for the creditor.
Terms Used In Texas Estates Code 1355.103
- 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 - 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.
- Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise probate jurisdiction; or
(3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019 - Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A custodian may not receive a fee or commission for taking care of, handling, or spending money withdrawn by the custodian.