reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter B. Community Property Survivorship Agreements › Section 112.051. Agreement for Right of Survivorship in Community Property

Sec. 112.051.  AGREEMENT FOR RIGHT OF SURVIVORSHIP IN COMMUNITY PROPERTY.  At any time, spouses may agree between themselves that all or part of their community property, then existing or to be acquired, becomes the property of the surviving spouse on the death of a spouse.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter B. Community Property Survivorship Agreements › Section 112.052. Form of Agreement

Sec. 112.052.  FORM OF AGREEMENT.  (a)  A community property survivorship agreement must be in writing and signed by both spouses.
(b)  A written agreement signed by both spouses is sufficient to create a right of survivorship in the community property described in the agreement if the agreement includes any of the following phrases:
(1)  "with right of survivorship";
(2)  "will become the property of the survivor";
(3)  "will vest in and belong to the surviving spouse";  or
(4)  "shall pass to the surviving spouse."
(c)  Notwithstanding Subsection (b), a community property survivorship agreement that otherwise meets the requirements of this chapter is effective without including any of the phrases listed in that subsection.
(d)  A survivorship agreement may not be inferred from the mere fact that an account is a joint account or that an account is designated as JT TEN, Joint Tenancy, or joint, or with other similar language.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.06, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter B. Community Property Survivorship Agreements › Section 112.053. Adjudication Not Required

Sec. 112.053.  ADJUDICATION NOT REQUIRED.  A community property survivorship agreement that satisfies the requirements of this chapter is effective and enforceable without an adjudication.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter B. Community Property Survivorship Agreements › Section 112.054. Revocation of Agreement

Sec. 112.054.  REVOCATION OF AGREEMENT.  (a)  A community property survivorship agreement made in accordance with this chapter may be revoked as provided by the terms of the agreement.
(b)  If a community property survivorship agreement does not provide a method of revocation, the agreement may be revoked by a written instrument:
(1)  signed by both spouses; or
(2)  signed by one spouse and delivered to the other spouse.
(c)  A community property survivorship agreement may be revoked with respect to specific property subject to the agreement by the disposition of the property by one or both spouses if the disposition is not inconsistent with specific terms of the agreement and applicable law.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter C. Adjudication to Prove Community Property Survivorship Agreement › Section 112.101. Application Authorized

Sec. 112.101.  APPLICATION AUTHORIZED.  (a)  Notwithstanding Section 112.053, after the death of a spouse, the surviving spouse or the surviving spouse's personal representative may apply to the court for an order stating that a community property survivorship agreement satisfies the requirements of this chapter and is effective to create a right of survivorship in community property.
(b)  An application under this section must include:
(1)  the surviving spouse's name and domicile;
(2)  the deceased spouse's name and former domicile;
(3)  the fact, time, and place of the deceased spouse's death;
(4)  facts establishing venue in the court; and
(5)  the deceased spouse's social security number, if known.
(c)  An application under this section must be filed in the county of proper venue for administration of the deceased spouse's estate.
(d)  The original community property survivorship agreement shall be filed with an application under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter C. Adjudication to Prove Community Property Survivorship Agreement › Section 112.102. Proof Required by Court

Sec. 112.102.  PROOF REQUIRED BY COURT.  An applicant for an order under Section 112.101 must prove to the court's satisfaction that:
(1)  the spouse whose community property interest is at issue is deceased;
(2)  the court has jurisdiction and venue;
(3)  the agreement was executed with the formalities required by law;
(4)  the agreement was not revoked; and
(5)  citation has been served and returned in the manner and for the length of time required by this title.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter C. Adjudication to Prove Community Property Survivorship Agreement › Section 112.103. Method of Proof of Signatures

Sec. 112.103.  METHOD OF PROOF OF SIGNATURES.  (a)  The deceased spouse's signature to an agreement that is the subject of an application under Section 112.101 may be proved by:
(1)  the sworn testimony of one witness taken in open court;
(2)  the affidavit of one witness; or
(3)  the written or oral deposition of one witness taken in accordance with Section 51.203 or the Texas Rules of Civil Procedure.
(b)  If the surviving spouse is competent to make an oath, the surviving spouse's signature to the agreement may be proved by:
(1)  the sworn testimony of the surviving spouse taken in open court;
(2)  the surviving spouse's affidavit; or
(3)  the written or oral deposition of the surviving spouse taken in accordance with Section 51.203 or the Texas Rules of Civil Procedure.
(c)  If the surviving spouse is not competent to make an oath, the surviving spouse's signature to the agreement may be proved in the manner provided by Subsection (a) for proof of the deceased spouse's signature.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter C. Adjudication to Prove Community Property Survivorship Agreement › Section 112.104. Court Action; Issuance of Order

Sec. 112.104.  COURT ACTION; ISSUANCE OF ORDER.  (a)  On completion of a hearing on an application under Section 112.101, if the court is satisfied that the requisite proof has been made, the court shall enter an order adjudging the agreement valid.
(b)  Certified copies of the agreement and order may be:
(1)  recorded in other counties; and
(2)  used in evidence, as the original agreement might be, on the trial of the same matter in any other court, on appeal or otherwise.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter C. Adjudication to Prove Community Property Survivorship Agreement › Section 112.105. Effect of Order

Sec. 112.105.  EFFECT OF ORDER.  (a)  An order under this subchapter adjudging a community property survivorship agreement valid constitutes sufficient authority to a person who:
(1)  owes money, has custody of any property, or acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right that is subject to the terms of the agreement; or
(2)  purchases from or otherwise deals with the surviving spouse for payment or transfer to the surviving spouse.
(b)  The surviving spouse may enforce that spouse's right to a payment or transfer from a person described by Subsection (a)(2).
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter C. Adjudication to Prove Community Property Survivorship Agreement › Section 112.106. Custody of Adjudicated Agreement

Sec. 112.106.  CUSTODY OF ADJUDICATED AGREEMENT.  (a)  An original community property survivorship agreement adjudicated under this subchapter, together with the order adjudging the agreement valid, shall be deposited in the office of the county clerk of the county in which the agreement was adjudicated and must remain at that office, except during a period when the agreement is moved to another location for inspection on order of the court in which the agreement was adjudicated.
(b)  If the court orders an original community property survivorship agreement adjudicated under this subchapter to be moved to another location for inspection, the person moving the original agreement shall give a receipt for the agreement and the court clerk shall make and retain a copy of the original agreement.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter D. Ownership and Transfer of Community Property Subject to Agreement › Section 112.151. Ownership of Property During Marriage; Management Rights

Sec. 112.151.  OWNERSHIP OF PROPERTY DURING MARRIAGE; MANAGEMENT RIGHTS.  (a)  Property subject to a community property survivorship agreement remains community property during the marriage of the spouses.
(b)  Unless the agreement provides otherwise, a community property survivorship agreement does not affect the rights of the spouses concerning the management, control, and disposition of property subject to the agreement.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter D. Ownership and Transfer of Community Property Subject to Agreement › Section 112.152. Nontestamentary Nature of Transfers Under Agreement

Sec. 112.152.  NONTESTAMENTARY NATURE OF TRANSFERS UNDER AGREEMENT.  (a)  Transfers at death resulting from community property survivorship agreements made in accordance with this chapter are effective by reason of the agreements involved and are not testamentary transfers.
(b)  Except as expressly provided otherwise by this title, transfers described by Subsection (a) are not subject to the provisions of this title applicable to testamentary transfers.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter E. Third Parties Dealing With Community Property Subject to Right of Survivorship › Section 112.201. Definition of Certified Copy

Sec. 112.201.  DEFINITION OF CERTIFIED COPY.  In this subchapter, a "certified copy" means a copy of an official record or document that is:
(1)  authorized by law to be recorded or filed and actually recorded or filed in a public office; and
(2)  certified as correct in accordance with Rule 902, Texas Rules of Evidence.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter E. Third Parties Dealing With Community Property Subject to Right of Survivorship › Section 112.202. Actual Knowledge or Notice of Agreement

Sec. 112.202.  ACTUAL KNOWLEDGE OR NOTICE OF AGREEMENT.  (a)  In this subchapter, a person or entity has "actual knowledge" of a community property survivorship agreement or the revocation of a community property survivorship agreement only if the person or entity has received:
(1)  written notice of the agreement or revocation; or
(2)  the original or a certified copy of the agreement or revoking instrument.
(b)  In this subchapter, a person or entity has "notice" of a community property survivorship agreement or the revocation of a community property survivorship agreement if:
(1)  the person or entity has actual knowledge of the agreement or revocation; or
(2)  with respect to real property, the agreement or revoking instrument is properly recorded in the county in which the real property is located.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter E. Third Parties Dealing With Community Property Subject to Right of Survivorship › Section 112.203. Personal Representative Without Actual Knowledge of Agreement

Sec. 112.203.  PERSONAL REPRESENTATIVE WITHOUT ACTUAL KNOWLEDGE OF AGREEMENT.  If the personal representative of a deceased spouse's estate has no actual knowledge of the existence of an agreement creating a right of survivorship in community property in the surviving spouse, the personal representative is not liable to the surviving spouse or any person claiming from the surviving spouse for selling, exchanging, distributing, or otherwise disposing of the property.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter E. Third Parties Dealing With Community Property Subject to Right of Survivorship › Section 112.204. Third-Party Purchaser Without Notice of Agreement

Sec. 112.204.  THIRD-PARTY PURCHASER WITHOUT NOTICE OF AGREEMENT.  (a)  This section applies only to a person or entity who for value purchases property:
(1)  from a person claiming from a deceased spouse more than six months after the date of the deceased spouse's death or from the personal representative of the deceased spouse's estate; and
(2)  without notice of the existence of an agreement creating a right of survivorship in the property in the surviving spouse.
(b)  A purchaser of property from a person claiming from the deceased spouse has good title to the interest in the property that the person would have had in the absence of the agreement described by Subsection (a)(2), as against the claims of the surviving spouse or any person claiming from the surviving spouse.
(c)  A purchaser of property from the personal representative of the deceased spouse's estate has good title to the interest in the property that the personal representative would have had  authority to convey in the absence of the agreement described by Subsection (a)(2), as against the claims of the surviving spouse or any person claiming from the surviving spouse.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter E. Third Parties Dealing With Community Property Subject to Right of Survivorship › Section 112.205. Debtors and Other Persons Without Notice of Agreement

Sec. 112.205.  DEBTORS AND OTHER PERSONS WITHOUT NOTICE OF AGREEMENT.  (a)  This section applies only to a person or entity who:
(1)  owes money to a deceased spouse; or
(2)  has custody of property or acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right owned by a deceased spouse before that spouse's death.
(b)  A person or entity with no actual knowledge of the existence of an agreement creating a right of survivorship in property described by Subsection (a) in the surviving spouse may pay or transfer that property to the personal representative of the deceased spouse's estate or, if no administration of the deceased spouse's estate is pending, to the heirs or devisees of the estate and shall be discharged from all claims for those amounts or property paid or transferred.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter E. Third Parties Dealing With Community Property Subject to Right of Survivorship › Section 112.206. Third-Party Purchaser Without Notice of Revocation of Agreement

Sec. 112.206.  THIRD-PARTY PURCHASER WITHOUT NOTICE OF REVOCATION OF AGREEMENT.  (a)  This section applies only to a person or entity who for value purchases property from a surviving spouse more than six months after the date of the deceased spouse's death and:
(1)  with respect to personal property:
(A)  the purchaser has received an original or certified copy of an agreement purporting to create a right of survivorship in the personal property in the surviving spouse, purportedly signed by both spouses; and
(B)  the purchaser has no notice of the revocation of the agreement; or
(2)  with respect to real property:
(A)  the purchaser has received an original or certified copy of an agreement purporting to create a right of survivorship in the real property in the surviving spouse, purportedly signed by both spouses or such an agreement is properly recorded in a county in which any part of the real property is located; and
(B)  the purchaser has no notice of the revocation of the agreement.
(b)  A purchaser has good title to the interest in the property that the surviving spouse would have had in the absence of the revocation of the agreement, as against the claims of the personal representative of the deceased spouse's estate or any person claiming from the representative or the deceased spouse.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter E. Third Parties Dealing With Community Property Subject to Right of Survivorship › Section 112.207. Debtors and Other Persons Without Notice of Revocation of Agreement

Sec. 112.207.  DEBTORS AND OTHER PERSONS WITHOUT NOTICE OF REVOCATION OF AGREEMENT.  (a)  This section applies only to a person or entity who:
(1)  owes money to a deceased spouse; or
(2)  has custody of property or acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right owned by a deceased spouse before that spouse's death.
(b)  If a person or entity is presented with the original or a certified copy of an agreement creating a right of survivorship in property described by Subsection (a) in the surviving spouse, purportedly signed by both spouses, and if the person or entity has no actual knowledge that the agreement was revoked, the person or entity may pay or transfer that property to the surviving spouse and shall be discharged from all claims for those amounts or property paid or transferred.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter E. Third Parties Dealing With Community Property Subject to Right of Survivorship › Section 112.208. Rights of Surviving Spouse Against Creditors

Sec. 112.208.  RIGHTS OF SURVIVING SPOUSE AGAINST CREDITORS.  Except as expressly provided by this subchapter, this subchapter does not affect the rights of a surviving spouse or person claiming from the surviving spouse in disputes with persons claiming from a deceased spouse or the successors of any of them concerning a beneficial interest in property or the proceeds from a beneficial interest in property, subject to a right of survivorship under an agreement that satisfies the requirements of this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter F. Rights of Creditors › Section 112.251. Multiple-Party Accounts

Sec. 112.251.  MULTIPLE-PARTY ACCOUNTS.  Chapter 113 governs the rights of creditors with respect to multiple-party accounts, as defined by Section 113.004.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter F. Rights of Creditors › Section 112.252. Liabilities of Deceased Spouse Not Affected by Right of Survivorship

Sec. 112.252.  LIABILITIES OF DECEASED SPOUSE NOT AFFECTED BY RIGHT OF SURVIVORSHIP.  (a)  Except as expressly provided by Section 112.251, the community property subject to the sole or joint management, control, and disposition of a spouse during marriage continues to be subject to the liabilities of that spouse on that spouse's death without regard to a right of survivorship in the surviving spouse under an agreement made in accordance with this chapter.
(b)  The surviving spouse is liable to account to the deceased spouse's personal representative for property received by the surviving spouse under a right of survivorship to the extent necessary to discharge the deceased spouse's liabilities.
(c)  A proceeding to assert a liability under Subsection (b):
(1)  may be commenced only if the deceased spouse's personal representative has received a written demand by a creditor; and
(2)  must be commenced on or before the second anniversary of the deceased spouse's death.
(d)  Property recovered by the deceased spouse's personal representative under this section shall be administered as part of the deceased spouse's estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter F. Rights of Creditors › Section 112.253. Rights of Deceased Spouse's Creditors in Relation to Third Parties

Sec. 112.253.  RIGHTS OF DECEASED SPOUSE'S CREDITORS IN RELATION TO THIRD PARTIES.  This subchapter does not affect the protection afforded to a person or entity under Subchapter E unless, before payment or transfer to the surviving spouse, the person or entity received a written notice from the deceased spouse's personal representative stating the amount needed to discharge the deceased spouse's liabilities.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter A. General Provisions › Section 113.002. Definition of Party

Sec. 113.002.  DEFINITION OF PARTY.  (a)  In this chapter, "party" means a person who, by the terms of a multiple-party account, has a present right, subject to request, to payment from the account.  Except as otherwise required by the context, the term includes a guardian, personal representative, or assignee, including an attaching creditor, of a party.  The term also includes a person identified as a trustee of an account for another regardless of whether a beneficiary is named.  The term does not include a named beneficiary unless the beneficiary has a present right of withdrawal.
(b)  A P.O.D. payee, including a charitable organization, or beneficiary of a trust account is a party only after the account becomes payable to the P.O.D. payee or beneficiary by reason of the P.O.D. payee or beneficiary surviving the original payee or trustee.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.08, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter A. General Provisions › Section 113.003. Definition of Net Contribution

Sec. 113.003.  DEFINITION OF NET CONTRIBUTION.  (a)  In this chapter, "net contribution" of a party to a joint account at any given time is the sum of all deposits made to that account by or for the party, less all withdrawals made by or for the party that have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance of the account.  The term also includes any deposit life insurance proceeds added to the account by reason of the death of the party whose net contribution is in question.
(b)  A financial institution may not be required to inquire, for purposes of establishing net contributions, about:
(1)  the source of funds received for deposit to a multiple-party account; or
(2)  the proposed application of an amount withdrawn from a multiple-party account.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter A. General Provisions › Section 113.004. Types of Accounts

Sec. 113.004.  TYPES OF ACCOUNTS.  In this chapter:
(1)  "Convenience account" means an account that:
(A)  is established at a financial institution by one or more parties in the names of the parties and one or more convenience signers; and
(B)  has terms that provide that the sums on deposit are paid or delivered to the parties or to the convenience signers "for the convenience" of the parties.
(2)  "Joint account" means an account payable on request to one or more of two or more parties, regardless of whether there is a right of survivorship.
(3)  "Multiple-party account" means a joint account, a convenience account, a P.O.D. account, or a trust account.  The term does not include an account established for the deposit of funds of a partnership, joint venture, or other association for business purposes, or an account controlled by one or more persons as the authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization, or a regular fiduciary or trust account in which the relationship is established other than by deposit agreement.
(4)  "P.O.D. account," including an account designated as a transfer on death or T.O.D. account, means an account payable on request to:
(A)  one person during the person's lifetime and, on the person's death, to one or more P.O.D. payees; or
(B)  one or more persons during their lifetimes and, on the death of all of those persons, to one or more P.O.D. payees.
(5)  "Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries in which the relationship is established by the form of the account and the deposit agreement with the financial institution and in which there is no subject of the trust other than the sums on deposit in the account.  The deposit agreement is not required to address payment to the beneficiary.  The term does not include:
(A)  a regular trust account under a testamentary trust or a trust agreement that has significance apart from the account; or
(B)  a fiduciary account arising from a fiduciary relationship, such as the attorney-client relationship.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter A. General Provisions › Section 113.005. Authority of Financial Institutions to Enter Into Certain Accounts

Sec. 113.005.  AUTHORITY OF FINANCIAL INSTITUTIONS TO ENTER INTO CERTAIN ACCOUNTS.  A financial institution may enter into a multiple-party account to the same extent that the institution may enter into a single-party account.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter B. Uniform Account Form › Section 113.051. Establishment of Type of Account; Applicability of Certain Law

Sec. 113.051.  ESTABLISHMENT OF TYPE OF ACCOUNT; APPLICABILITY OF CERTAIN LAW.  (a)  A contract of deposit that contains provisions substantially the same as in the form provided by Section 113.052 establishes the type of account selected by a party.  This chapter governs an account selected under the form.
(b)  A contract of deposit that does not contain provisions substantially the same as in the form provided by Section 113.052 is governed by the provisions of this chapter applicable to the type of account that most nearly conforms to the depositor's intent.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.004, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter B. Uniform Account Form › Section 113.053. Required Disclosure; Use of Form

Sec. 113.053.  REQUIRED DISCLOSURE; USE OF FORM.  (a)  Except as provided by Subsection (d), a financial institution shall disclose the information provided in this subchapter to a customer before the customer selects or modifies an account.
(a-1)  A financial institution is considered to have disclosed the information provided in this subchapter if:
(1)  the financial institution uses the form provided by Section 113.052; and
(2)  the customer signs the acknowledgment provided at the end of the form.
(b)  If a financial institution varies the format of the form provided by Section 113.052, the financial institution shall disclose the information provided by this subchapter separately from other account information except that the financial institution may disclose that information as part of other account documentation if the disclosures are the first items of the documentation.
(c)  The financial institution shall notify the customer of the type of account the customer selected.  This requirement is satisfied by providing the customer with a copy of the account opening or modification documentation, as appropriate, in paper or electronic format.
(d)  If a type of multiple-party account is not available from a financial institution, the financial institution is not required to make a disclosure about that type of account.
(e)  This section does not apply to:
(1)  a credit union; or
(2)  an account that is opened or modified by a customer who:
(A)  is a legal entity, including a governmental entity; or
(B)  is acting as a legal representative for another person.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 85 (S.B. 1791), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 304 (S.B. 714), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter B. Uniform Account Form › Section 113.0531. Use of Form and Disclosure by Credit Unions

Sec. 113.0531.  USE OF FORM AND DISCLOSURE BY CREDIT UNIONS.  (a)  A credit union is considered to have disclosed the information provided by this subchapter if the credit union uses the form provided by Section 113.052.
(b)  If a credit union varies the format of the form provided by Section 113.052, the credit union may make disclosures in the account agreement or in any other form that discloses the information provided by this subchapter.
(c)  If the customer receives disclosure of the ownership rights to an account and the names of the parties are indicated, a credit union may combine any of the provisions in, and vary the format of, the form and notices described in Section 113.052 in:
(1)  a universal account form with options listed for selection and additional disclosures provided in the account agreement; or
(2)  any other manner that adequately discloses the information provided by this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 85 (S.B. 1791), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter C. Ownership and Operation of Accounts › Section 113.101. Effect of Certain Provisions Regarding Ownership Between Parties and Others

Sec. 113.101.  EFFECT OF CERTAIN PROVISIONS REGARDING OWNERSHIP BETWEEN PARTIES AND OTHERS.  The provisions of this subchapter and Subchapters B and D that relate to beneficial ownership between parties, or between parties and P.O.D. payees or beneficiaries of multiple-party accounts:
(1)  are relevant only to controversies between those persons and those persons' creditors and other successors; and
(2)  do not affect the withdrawal power of those persons under the terms of an account contract.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter C. Ownership and Operation of Accounts › Section 113.102. Ownership of Joint Account During Parties' Lifetimes

Sec. 113.102.  OWNERSHIP OF JOINT ACCOUNT DURING PARTIES' LIFETIMES.  During the lifetime of all parties to a joint account, the account belongs to the parties in proportion to the net contributions by each party to the sums on deposit unless there is clear and convincing evidence of a different intent.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter C. Ownership and Operation of Accounts › Section 113.103. Ownership of P

Sec. 113.103.  OWNERSHIP OF P.O.D. ACCOUNT DURING ORIGINAL PAYEE'S LIFETIME.  (a)  During the lifetime of an original payee of a P.O.D. account, the account belongs to the original payee and does not belong to the P.O.D. payee or payees.
(b)  If two or more parties are named as original payees of a P.O.D. account, during the parties' lifetimes rights between the parties are governed by Section 113.102.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter C. Ownership and Operation of Accounts › Section 113.104. Ownership of Trust Account During Trustee's Lifetime

Sec. 113.104.  OWNERSHIP OF TRUST ACCOUNT DURING TRUSTEE'S LIFETIME.  (a)  A trust account belongs beneficially to the trustee during the trustee's lifetime unless:
(1)  the terms of the account or the deposit agreement manifest a contrary intent; or
(2)  other clear and convincing evidence of an irrevocable trust exists.
(b)  If two or more parties are named as trustees on a trust account, during the parties' lifetimes beneficial rights between the parties are governed by Section 113.102.
(c)  An account that is an irrevocable trust belongs beneficially to the beneficiary.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter C. Ownership and Operation of Accounts › Section 113.105. Ownership of Convenience Account; Additions and Accruals

Sec. 113.105.  OWNERSHIP OF CONVENIENCE ACCOUNT; ADDITIONS AND ACCRUALS.  (a)  The making of a deposit in a convenience account does not affect the title to the deposit.
(b)  A party to a convenience account is not considered to have made a gift of the deposit, or of any additions or accruals to the deposit, to a convenience signer.
(c)  An addition made to a convenience account by anyone other than a party, and accruals to the addition, are considered to have been made by a party.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter C. Ownership and Operation of Accounts › Section 113.106. Ownership and Operation of Other Account With Convenience Signer

Sec. 113.106.  OWNERSHIP AND OPERATION OF OTHER ACCOUNT WITH CONVENIENCE SIGNER.  (a)  An account established by one or more parties at a financial institution that is not designated as a convenience account, but is instead designated as a single-party account or another type of multiple-party account, may provide that the sums on deposit may be paid or delivered to the parties or to one or more convenience signers "for the convenience of the parties."
(b)  Except as provided by Section 113.1541:
(1)  the provisions of Sections 113.105, 113.206, and 113.208 apply to an account described by Subsection (a), including provisions relating to the ownership of the account during the lifetimes and on the deaths of the parties and provisions relating to the powers and duties of the financial institution at which the account is established; and
(2)  any other law relating to a convenience signer applies to a convenience signer designated as provided by this section to the extent the law applies to a convenience signer on a convenience account.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.006(a), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter D. Rights of Survivorship in Accounts › Section 113.151. Establishment of Right of Survivorship in Joint Account; Ownership on Death of Party

Sec. 113.151.  ESTABLISHMENT OF RIGHT OF SURVIVORSHIP IN JOINT ACCOUNT; OWNERSHIP ON DEATH OF PARTY.  (a)  Sums remaining on deposit on the death of a party to a joint account belong to the surviving party or parties against the estate of the deceased party if the interest of the deceased party is made to survive to the surviving party or parties by a written agreement signed by the party who dies.
(b)  Notwithstanding any other law, an agreement is sufficient under this section to confer an absolute right of survivorship on parties to a joint account if the agreement contains a statement substantially similar to the following:  "On the death of one party to a joint account, all sums in the account on the date of the death vest in and belong to the surviving party as his or her separate property and estate."
(c)  A survivorship agreement may not be inferred from the mere fact that the account is a joint account or that the account is designated as JT TEN, Joint Tenancy, or joint, or with other similar language.
(d)  If there are two or more surviving parties to a joint account that is subject to a right of survivorship agreement:
(1)  during the parties' lifetimes respective ownerships are in proportion to the parties' previous ownership interests under Sections 113.102, 113.103, and 113.104, as applicable, augmented by an equal share for each survivor of any interest a deceased party owned in the account immediately before that party's death; and
(2)  the right of survivorship continues between the surviving parties if a written agreement signed by a party who dies provides for that continuation.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.09, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter D. Rights of Survivorship in Accounts › Section 113.152. Ownership of P

Sec. 113.152.  OWNERSHIP OF P.O.D. ACCOUNT ON DEATH OF PARTY.  (a)  If the account is a P.O.D. account and there is a written agreement signed by the original payee or payees, on the death of the original payee or on the death of the survivor of two or more original payees, any sums remaining on deposit belong to:
(1)  the P.O.D. payee or payees if surviving; or
(2)  the survivor of the P.O.D. payees if one or more P.O.D. payees die before the original payee.
(b)  If two or more P.O.D. payees survive, no right of survivorship exists between the surviving P.O.D. payees unless the terms of the account or deposit agreement expressly provide for survivorship between those payees.
(c)  A guardian of the estate or an attorney in fact or agent of an original payee may sign a written agreement described by Subsection (a) on behalf of the original payee.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter D. Rights of Survivorship in Accounts › Section 113.153. Ownership of Trust Account on Death of Trustee

Sec. 113.153.  OWNERSHIP OF TRUST ACCOUNT ON DEATH OF TRUSTEE.  (a)  If the account is a trust account and there is a written agreement signed by the trustee or trustees, on death of the trustee or the survivor of two or more trustees, any sums remaining on deposit belong to:
(1)  the person or persons named as beneficiaries, if surviving; or
(2)  the survivor of the persons named as beneficiaries if one or more beneficiaries die before the trustee.
(b)  If two or more beneficiaries survive, no right of survivorship exists between the surviving beneficiaries unless the terms of the account or deposit agreement expressly provide for survivorship between those beneficiaries.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter D. Rights of Survivorship in Accounts › Section 113.154. Ownership of Convenience Account on Death of Party

Sec. 113.154.  OWNERSHIP OF CONVENIENCE ACCOUNT ON DEATH OF PARTY.  On the death of the last surviving party to a convenience account:
(1)  a convenience signer has no right of survivorship in the account; and
(2)  ownership of the account remains in the estate of the last surviving party.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 113 - Multiple-Party Accounts › Subchapter D. Rights of Survivorship in Accounts › Section 113.1541. Ownership of Other Account With Convenience Signer on Death of Last Surviving Party

Sec. 113.1541.  OWNERSHIP OF OTHER ACCOUNT WITH CONVENIENCE SIGNER ON DEATH OF LAST SURVIVING PARTY.  On the death of the last surviving party to an account that has a convenience signer designated as provided by Section 113.106, the convenience signer does not have a right of survivorship in the account and the estate of the last surviving party owns the account unless the convenience signer is also designated as a P.O.D. payee or as a beneficiary.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.006(b), eff. January 1, 2014.