2023 Texas Statutes › Property Code › Title 10 - Miscellaneous Beneficial Property Interests › Subtitle A - Persons Under Disability › Chapter 141 - Transfers to Minors › Section 141.010. Manner of Creating Custodial Property and Effecting Transfer; Designation of Initial Custodian; Control

Sec. 141.010.  MANNER OF CREATING CUSTODIAL PROPERTY AND EFFECTING TRANSFER;  DESIGNATION OF INITIAL CUSTODIAN; CONTROL.  (a)  Custodial property is created and a transfer is made when:
(1)  an uncertificated security or a certificated security in registered form is:
(A)  registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for    (name of minor)    under the Texas Uniform Transfers to Minors Act"; or
(B)  delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in Subsection (b);
(2)  money is paid or delivered, or a security held in the name of a broker, financial institution, or its nominee is transferred, to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:  "as custodian for    (name of minor)    under the Texas Uniform Transfers to Minors Act";
(3)  the ownership of a life or endowment insurance policy or annuity contract is:
(A)  registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:  "as custodian for    (name of minor)    under the Texas Uniform Transfers to Minors Act"; or
(B)  assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words:  "as custodian for    (name of minor)    under the Texas Uniform Transfers to Minors Act";
(4)  an irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words:  "as custodian for    (name of minor)    under the Texas Uniform Transfers to Minors Act";
(5)  an interest in real property is conveyed by instrument recorded in the real property records in the county in which the real property is located to the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:  "as custodian for    (name of minor)   under the Texas Uniform Transfers to Minors Act";
(6)  a certificate of title issued by a department or agency of a state or of the United States that evidences title to tangible personal property is:
(A)  issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words:  "as custodian for    (name of minor)    under the Texas Uniform Transfers to Minors Act"; or
(B)  delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words:  "as a custodian for    (name of minor)    under the Texas Uniform Transfers to Minors Act"; or
(7)  an interest in any property not described in Subdivisions (1)-(6) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in Subsection (b).
(b)  An instrument in the following form satisfies the requirements of Subsections (a)(1)(B) and (7):
TRANSFER UNDER THE TEXAS UNIFORM TRANSFERS TO MINORS ACT
I, ____________________ (name of transferor or name and representative capacity if a fiduciary) hereby transfer to ____________________ (name of custodian), as custodian for ____________________ (name of minor) under the Texas Uniform Transfers to Minors Act, the following:  (insert a description of the custodial property sufficient to identify it).
Dated:  ____________________
____________________(Signature)
____________________ (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the Texas Uniform Transfers to Minors Act.
Dated:  ____________________
____________________
____________________(Signature of Custodian)
(c)  A transferor shall place the custodian in control of the custodial property as soon as practicable.
Amended by Acts 1995, 74th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 10 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(72), eff. Sept. 1, 1997.