Texas Estates Code 1162.005 – Application for Inspection of Certain Documents
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(a) On the filing of an application under § 1162.001 and for the purpose of establishing an estate plan under that section, the guardian of the ward‘s estate may apply to the court for an order to seek an in camera inspection of a copy of a will, codicil, trust, or other estate planning instrument of the ward as a means of obtaining access to the instrument.
(b) An application filed under this section must:
(1) be sworn to by the guardian;
(2) list each instrument requested for inspection; and
(3) state one or more reasons supporting the necessity to inspect each requested instrument for the purpose described by Subsection (a).
Terms Used In Texas Estates Code 1162.005
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- 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 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033