Texas Estates Code 1204.105 – Citation and Notice On Presentation of Account
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(a) On presentation of an account for final settlement by a guardian of the estate of a ward, the county clerk shall issue citation to the persons and in the manner provided by this section.
(b) Citation issued under Subsection (a) must contain:
(1) a statement that an account for final settlement has been presented;
(2) the time and place the court will consider the account; and
(3) a statement requiring the person cited to appear and contest the account, if the person determines contesting the account is proper.
Terms Used In Texas Estates Code 1204.105
- 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 - Executor: A male person named in a will to carry out the decedent
- 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.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Except as provided by Subsection (d) or (e), the county clerk shall:
(1) issue a citation to be personally served on a ward if:
(A) the ward is 14 years of age or older;
(B) the ward is a living resident of this state; and
(C) the ward’s residence is known;
(2) issue a citation to be personally served on the executor or administrator of a deceased ward’s estate, if one has been appointed; and
(3) issue a citation to a ward or the ward’s estate by publication, or by posting if directed by written court order, if:
(A) the ward’s residence is unknown;
(B) the ward is not a resident of this state; or
(C) the ward is deceased and no representative of the ward’s estate has been appointed and has qualified in this state.
(d) The ward, in person or by attorney, may waive by writing filed with the county clerk the issuance and personal service of citation required by Subsection (c)(1).
(e) Service of citation is not required under Subsection (c)(2) if the executor or administrator is the same person as the guardian.
(f) The court may allow the waiver of notice of an account for final settlement in a guardianship proceeding.
(g) The court by written order shall require additional notice if the court considers the additional notice necessary.