(a) The person making an application to the court under § 1162.001 shall:
(1) outline the proposed estate or other transfer plan; and
(2) state all the benefits that are to be derived from the plan.
(b) The application must indicate that the planned disposition is consistent with the ward‘s intentions, if the ward’s intentions can be ascertained. If the ward’s intentions cannot be ascertained, the ward will be presumed to favor reduction in the incidence of the various forms of taxation, the qualification for government benefits, and the partial distribution of the ward’s estate as provided by Sections 1162.001 and 1162.004.

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Terms Used In Texas Estates Code 1162.002

  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Estate: means a decedent's property, as that property:
    (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
    (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
    (3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033

(c) A subsequent modification of an approved plan may be made by similar application to the court.