Texas Estates Code 1355.105 – Withdrawal of Money by Creditor or Creditor’s Heir, Representative, or Guardian
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(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to the court clerk of an order of a county or probate court of the county in which the money is held, money that is not withdrawn by an authorized person as provided by this chapter may be withdrawn by: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.
Terms Used In Texas Estates Code 1355.105
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031 - Probate: Proving a will
(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.