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Texas Estates Code - EST § 113.004. Types of Accounts

Current as of January 01, 2024 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - Texas Estates Code - EST § 113.004. Types of Accounts - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-113-004/

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