This section lets certain people withdraw money from the court clerk if the proper court order is presented, and it requires identity and credentials to be proved before an order issues.
Sec. 1355.105. WITHDRAWAL OF MONEY BY CREDITOR OR CREDITOR'S HEIR, REPRESENTATIVE, OR GUARDIAN. (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to the court clerk of an order of a county or probate court of the county in which the money is held, money that is not withdrawn by an authorized person as provided by this chapter may be withdrawn by: (1) the creditor, after termination of the creditor's disability; (2) a subsequent personal representative of the creditor; (3) the creditor's heirs; or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. 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. SUBCHAPTER D. USE OF MONEY BY ELEEMOSYNARY INSTITUTION FOR BENEFIT OF RESIDENT