Texas Estates Code 1251.153 – Delivery of Estate, Filing of Final Report, and Discharge of Temporary Guardian
(a) When temporary letters expire or cease to be effective for any reason, the court immediately shall enter an order requiring the temporary guardian to deliver the estate remaining in the temporary guardian’s possession to the person legally entitled to possession of the estate.
(a-1) At the expiration of a temporary guardianship of the person, the temporary guardian shall file with the court clerk a final report that:
(1) if the ward is living, describes each reason the temporary guardianship of the person expired, including a statement of facts regarding whether the temporary guardianship expired because:
(A) the ward was found by the court to have full capacity, or sufficient capacity with supports and services, to care for himself or herself;
(B) alternatives to guardianship have been established to meet the needs of the ward; or
(C) a permanent guardian appointed by the court has qualified to serve as the ward’s guardian; or
(2) if the ward is deceased, includes the date and place of death, if known, in the form and manner of the report required to be filed by a guardian of the person under § 1163.103.
Terms Used In Texas Estates Code 1251.153
- 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.
- 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
(b) On proof of delivery under Subsection (a) and approval by the court of a final report filed with the court clerk under Subsection (a-1), as applicable:
(1) the temporary guardian shall be discharged; and
(2) the sureties on the temporary guardian’s bond shall be released as to future liability.