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.
Structure Texas Statutes
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
Section 113.153. Ownership of Trust Account on Death of Trustee
Section 113.154. Ownership of Convenience Account on Death of Party
Section 113.155. Effect of Death of Party on Certain Accounts Without Rights of Survivorship
Section 113.156. Applicability of Certain Provisions on Death of Party
Section 113.157. Written Notice to Financial Institutions Regarding Form of Account
Section 113.158. Nontestamentary Nature of Certain Transfers