Texas Estates Code 1159.004 – Condition of Returned Estate Property
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(a) Estate property that is rented must be returned to the estate’s possession in as good a condition, except for reasonable wear and tear, as when the property was rented.
(b) The guardian of the estate shall:
(1) ensure that rented estate property is returned in the condition required by Subsection (a);
(2) report to the court any damage to, or loss or destruction of, estate property rented under this chapter; and
(3) ask the court for the authority to take any necessary action.
Terms Used In Texas Estates Code 1159.004
- 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.
- Property: means real and personal property. See Texas Government Code 311.005
(c) A guardian who fails to act as required by this section and the sureties on the guardian’s bond are liable to the estate for any loss or damage suffered as a result of the guardian’s failure.