Texas Estates Code 1204.001 – Settlement of Guardianship
(a) A guardianship shall be settled and closed as provided by this section and § 1202.001.
(b) A guardianship of the estate of a ward shall be settled when:
(1) the ward dies;
(2) a minor ward becomes an adult by:
(A) becoming 18 years of age;
(B) removal of disabilities of minority according to the law of this state; or
(C) marriage;
(3) an incapacitated ward is decreed as provided by law to have been restored to full legal capacity;
(4) the spouse of a married ward has qualified as survivor in community and the ward does not own separate property;
(5) the ward’s estate is exhausted;
(6) the foreseeable income accruing to the ward or to the ward’s estate is so negligible that maintaining the guardianship in force would be burdensome;
(7) all of the assets of the estate have been placed in a management trust under Chapter 1301 or have been transferred to a pooled trust subaccount in accordance with a court order issued as provided by Chapter 1302, and the court determines that a guardianship of the ward’s estate is no longer necessary; or
(8) the court determines for any other reason that a guardianship for the ward is no longer necessary.
Terms Used In Texas Estates Code 1204.001
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Property: means real and personal property. See Texas Government Code 311.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(c) In a case arising under Subsection (b)(6), the court may authorize the income to be paid to a parent, or other person who has acted as guardian of the ward, to assist in the maintenance of the ward and without liability to account to the court for the income.
(d) If the estate of a minor ward consists only of cash or cash equivalents in an amount of $100,000 or less, the guardianship of the estate may be terminated and the assets paid to the county clerk of the county in which the guardianship proceeding is pending, and the clerk shall manage the funds as provided by Chapter 1355.
(e) In the settlement of a guardianship of the estate, the court may appoint an attorney ad litem to represent the ward’s interests and may allow the attorney ad litem reasonable compensation to be taxed as costs.