Sec. 4.405. DEATH OR INCOMPETENCE OF CUSTOMER. (a) A payor or collecting bank's authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by the incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.
(b) Even with knowledge, a bank may for 10 days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967. Amended by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Chapter 4 - Bank Deposits and Collections
Subchapter D. Relationship Between Payor Bank and Its Customer
Section 4.401. When Bank May Charge Customer's Account
Section 4.402. Bank's Liability to Customer for Wrongful Dishonor
Section 4.403. Customer's Right to Stop Payment; Burden of Proof of Loss
Section 4.404. Bank Not Obligated to Pay Check More Than Six Months Old
Section 4.405. Death or Incompetence of Customer
Section 4.406. Customer's Duty to Discover and Report Unauthorized Signature or Alteration
Section 4.407. Payor Bank's Right to Subrogation on Improper Payment