EXAS 

November 25, 1969 

Honorable Joe Resweber Opinion No. M- 523 

County Attorney 

Harris County Courthouse Re: Whether resident minor heirs 

Houston, Texas 77002 or legatees come within the 

term "creditor" as used in 

Section 144, Texas Probate 

Code, and related questions. 

Dear Mr. Resweber: 

Your recent letter requesting the opinion of this office 

concerning the referenced matter states, in part, as follows: 

"1. Does a resident minor heir or a resident 

minor legatee of an estate being administered in the same county, come within the 

definition of a 'creditor' under Section 

144, Probate Code, V.A.T.S., so as to make 

the terms and provisions of said Section 

applicable to such minor heirs and legatees? 

"2 . Is the County Clerk authorized under 

Section 144, Probate Code, V.A.T.S., to 

accept a deposit of money, not exceeding 

$1,500.00, from the executor, administrator, guardian, or other personal 

representative of an estate being administered in the same county, for the 

use and benefit of a resident minor being 

without a legal guardian of his person or 

estate under the provisions of Sec. 144, 

Probate Code, V.A.T.S.? 

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Honorable Joe Resweber, page 2 (M-523) 

"3. Under the same conditions as outlined 

in Paragraph 2 above except that the 

estate is being administered in another 

county or another state, is the County 

Clerk authorized, under Sec. 144, Probate Code, V.A.T.S., to accept a deposit 

of moeny for the purposes and under the 

conditions specified in Sec. 144, Probate Code, V.A.T.S.?" 

Section 144, Texas Probate Code, was amended by Senate Bill 

Number 274 (Acts 61st Leg. R.S. 1969, ch. 671, p.1978). That 

Section provides, in part, as follows: 

"(a)To Residents. whenever a resident minor, 

or whenever a resident person legally 

adjudged to be of unsound mind or to be 

an habitual or common drunkard sometime% 

referred to in this Section as 'creditor', 

being without a legal guardian of his 

person or estate, shall be entitled to 

money in an amount not exceeding One 

Thousand Five Hundred Dollars, the right 

to which is liquidated and is uncontested 

in any pending lawsuit, the debtor MY Pay 

same to the Countv Clerk of the county in 

which such creditor resides in this state, 

for the account of such creditor, giving 

his name, the nature of his disability, 

and if a minor his age, and his post 

office address, and the receipt for such 

money signed by the clerk shall be forever binding on such creditor as of the 

date and to the extent of such payment. 

Upon receipt of such payment by the clerk, 

he shall forthwith call same to the attention of the court and shall invest such 

money as authorized by the Probate Code 

pursuant to the orders of the court in 

the name and for the account of such 

minor other person entitled to same, 

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. . 

Honorable Joe Resweber, page 3 (M-523) 

and by letter mailed to the address 

given by the debtor, shall apprise 

such creditor of the fact that such 

deposit has been made. Any increase, 

dividend or income from such investments shall be credited to the 

account of such minor or other person 

entitled to such investment.... 

"The father or mother or unestranged 

spouse of such creditor..., residing 

in this state or if there be no such 

spouse and both father and mother be 

dead or non-residents of this state, 

then the person residing in this state 

who has actual custody of such creditor, 

may as custodian, upon filing with such 

clerk written application and bond 

approved by the County Judge of such 

county, withdraw such money from the 

clerk for the use and benefit of such 

creditor, such bond... to be conditioned 

that such custodian will use said money 

for the benefit of such creditor... and 

that he will, when legally called upon 

to do, faithfully account to such creditor, 

his heirs or legal representatives for 

such money and any increase thereof upon 

removal of the disability to which such 

creditor is subiect, or upon his death 

or the appointment of a guardian... 

II . . . 

*(c) When the Deposit is Not Withdrawn by 

Another Person. If no person authorized 

hereunder withdraws such money from the 

Clerk as provided for in this Section, 

then the creditor himself, after termination of his disability..., may at any 

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. . 

Honorable Joe Resweber, page 4 (M-523) 

time . ..withdraw such money..., directing the clerk to deliver such money 

to such creditor..." (Emphasis added.) 

In answer to your first question, it is our opinion that a 

resident minor heir or legatee clearly is a "creditor", as that 

term is used in Section 144, supra. 

In answer to your second question, we have also concluded 

that an executor, administrator, guardian, or other legal representative of an estate being administered in the county wherein 

the minor heir or legatee resides is a "debtor", as that term 

is used in Section 144, supra, and, as such, is entitled to 

deposit a sum of money not exceeding $1.500.00 with the county 

clerk of the county wherein said minor resides for the use and 

benefit of said minor. 

With reference to your third question, it appears that 

there is no restriction in Section 144, supra, on the place of 

residence of the "debtor", from whom the county clerk of the 

county of the minor's residence may receive money for the use 

of the minor. Consequently, it is our opinion that said county 

clerk may receive a deposit of money not exceeding $1,500.00 

for the use and benefit of said minor from an executor, administrator, guardian, or other legal representative of an estate 

being administered in either another state or in a Texas county 

different from that wherein the minor resides. 

SUMMARY 

(1) A resident minor heir or legatee of an 

estate being administered in the county 

of his residence is a "creditor", as 

that term is used in Section 144, Texas 

Probate Code. 

(2) The county clerk of the county in which 

a minor heir or legatee resides is 

authorized by Section 144, Texas Probate 

Code, to accept a deposit of money not 

exceeding $l,SOO.OO from the executor, 

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Honorable Joe Resweber, page 5 (M-523) 

administrator, guardian, or other legal 

representative of an estate being administered in the same county for the 

use and benefit of such resident minor. 

(3) The county clerk of the county in which 

a minor heir or legatee resides is 

authorized by Section 144, Texas Probate 

Code, to accept a deposit of money not 

exceeding $l,SOO.OO, for the use and 

benefit of such resident minor, from 

the executor, administrator, guardian, 

or other legal representative of an 

estate being administered in another 

Texas county or another state. 

General of Texas 

Prepared by Austin C. Bray, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

George Kelton, Vice-Chairman 

2. T. Fortescue 

Fisher Tyler 

Dyer Moore 

Sarah E. Phillips 

MEADE F. GRIFFIN 

Staff Legal Assistant 

NOLA WHITE 

First Assistant 

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