reglab/housing_qa huggingface dataset:
TX Est Code § 1203.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter C. Appointment of Successor Guardian; Revocation of Letters|Section 1203.102. Appointment Because of Resignation, Removal, or Death; Hearing to Set Aside Immediate Appointment

Sec. 1203.102.  APPOINTMENT BECAUSE OF RESIGNATION, REMOVAL, OR DEATH; HEARING TO SET ASIDE IMMEDIATE APPOINTMENT.  (a)  If a guardian resigns, is removed, or dies, the court may appoint a successor guardian on application and on service of notice as directed by the court, except as provided by Subsection (b).  In the event the guardian of the person or of the estate of a ward dies, a personal representative of the deceased guardian, at the time and in the manner ordered by the court, shall account for, pay, and deliver all guardianship property entrusted to the representative's care to a person legally entitled to receive the property.(b)  The court may appoint a successor guardian under this section without citation or notice if the court finds that a necessity exists for the immediate appointment.  Subject to an order of the court, a successor guardian has the rights and powers of the removed guardian.(c)  The appointment of a successor guardian under Subsection (b) does not preclude an interested person from filing an application to be appointed guardian of the ward for whom the successor guardian was appointed.  The court shall hold a hearing on an application filed under the circumstances described by this subsection.  At the conclusion of the hearing, the court may set aside the appointment of the successor guardian and appoint the applicant as the ward's guardian if the applicant is not disqualified and after considering the requirements of Subchapter B or C, Chapter 1104, as applicable.(d)  If the court sets aside the appointment of the successor guardian under this section, the court may require the successor guardian to prepare and file, under oath, an accounting of the estate and to detail the disposition the successor has made of the estate property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.057, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.058, eff. January 1, 2014.|
TX Est Code § 1203.103 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter C. Appointment of Successor Guardian; Revocation of Letters|Section 1203.103. Appointment Because of Existence of Prior Right

Sec. 1203.103.  APPOINTMENT BECAUSE OF EXISTENCE OF PRIOR RIGHT.  If letters of guardianship have been granted to a person and another person applies for letters, the previously issued letters shall be revoked, and letters shall be granted to the subsequent applicant if that applicant:(1)  is qualified;(2)  has a prior right to be appointed successor guardian; and(3)  has not waived that prior right.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.104 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter C. Appointment of Successor Guardian; Revocation of Letters|Section 1203.104. Appointment When Guardian Named in Will Becomes an Adult

Sec. 1203.104.  APPOINTMENT WHEN GUARDIAN NAMED IN WILL BECOMES AN ADULT.  (a)  A person named as guardian in a will who was not an adult when the will was probated is entitled to have letters of guardianship that were granted to another person revoked and appropriate letters granted to the named guardian on proof that the named guardian has become an adult and is not otherwise disqualified from serving as a guardian.(b)  This subsection applies only if a will names two or more persons as guardian. A person named as a guardian in the will who was a minor when the will was probated may, on becoming an adult, qualify and receive letters of guardianship if:(1)  letters have been issued to the named guardians in the will who are adults; and(2)  the person is not otherwise disqualified from receiving letters.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.105 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter C. Appointment of Successor Guardian; Revocation of Letters|Section 1203.105. Appointment of Formerly Ill or Absent Guardian Named in Will

Sec. 1203.105.  APPOINTMENT OF FORMERLY ILL OR ABSENT GUARDIAN NAMED IN WILL.  (a)  This section applies only to a person named as guardian in a will who was ill or absent from the state when the testator died or the will was proved and, as a result, could not:(1)  present the will for probate not later than the 30th day after the testator's death; or(2)  accept and qualify as guardian not later than the 20th day after the date the will was probated.(b)  A person to whom this section applies may accept and qualify as guardian not later than the 60th day after the date the person recovers from illness or returns to the state if proof is presented to the court that the person was ill or absent.(c)  If a person accepts and qualifies as guardian under Subsection (b) and letters of guardianship have been issued to another person, the other person's letters shall be revoked.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.106 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter C. Appointment of Successor Guardian; Revocation of Letters|Section 1203.106. Appointment When Will Discovered After Grant of Letters

Sec. 1203.106.  APPOINTMENT WHEN WILL DISCOVERED AFTER GRANT OF LETTERS.  If, after letters of guardianship have been issued, it is discovered that the decedent left a lawful will, the letters shall be revoked and proper letters shall be issued to a person entitled to the letters.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.107 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter C. Appointment of Successor Guardian; Revocation of Letters|Section 1203.107. Appointment on Removal of Litigation Conflict

Sec. 1203.107.  APPOINTMENT ON REMOVAL OF LITIGATION CONFLICT.  The court may appoint as successor guardian a spouse, parent, or child of a proposed ward who was disqualified from serving as guardian because of a litigation conflict under Section 1104.354(1) on the removal of the conflict that caused the disqualification if the spouse, parent, or child is otherwise qualified to serve as a guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.108 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter C. Appointment of Successor Guardian; Revocation of Letters|Section 1203.108. Appointment of Department of Aging and Disability Services as Successor Guardian

Sec. 1203.108.  APPOINTMENT OF DEPARTMENT OF AGING AND DISABILITY SERVICES AS SUCCESSOR GUARDIAN.  (a)  In this section, "department" means the Department of Aging and Disability Services.(b)  The court may appoint the department as a successor guardian of the person or estate, or both, of a ward who has been adjudicated as totally incapacitated if:(1)  there is no less-restrictive alternative to continuation of the guardianship;(2)  there is no family member or other suitable person, including a guardianship program, willing and able to serve as the ward's successor guardian;(3)  the ward is located more than 100 miles from the court that created the guardianship;(4)  the ward has private assets or access to government benefits to pay for the ward's needs;(5)  the department is served with citation and a hearing is held regarding the department's appointment as proposed successor guardian; and(6)  the appointment of the department does not violate a limitation imposed by Subsection (c).(c)  The number of appointments under Subsection (b) is subject to an annual limit of 55.  The appointments must be distributed equally or as equally as possible among the health and human services regions of this state.  The department, at the department's discretion, may establish a different distribution scheme to promote the efficient use and administration of resources.(d)  If the department is named as a proposed successor guardian in an application in which the department is not the applicant, citation must be issued and served on the department as provided by Section 1051.103(5).|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.151 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter D. Successor Guardians for Wards of Guardianship Programs or Governmental Entities|Section 1203.151. Notice of Availability of Successor Guardian

Sec. 1203.151.  NOTICE OF AVAILABILITY OF SUCCESSOR GUARDIAN.  (a)  If a guardianship program or governmental entity serving as a guardian for a ward under this title becomes aware of a family member or friend of the ward, or any other interested person, who is willing and able to serve as the ward's successor guardian, the program or entity shall notify the court in which the guardianship is pending of the individual's willingness and ability to serve.(b)  If, while serving as a guardian for a ward under this title, the Department of Aging and Disability Services becomes aware of a guardianship program or private professional guardian willing and able to serve as the ward's successor guardian, and the department is not aware of a family member or friend of the ward, or any other interested person, who is willing and able to serve in that capacity, the department shall notify the court in which the guardianship is pending of the guardianship program's or private professional guardian's willingness and ability to serve.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.152 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter D. Successor Guardians for Wards of Guardianship Programs or Governmental Entities|Section 1203.152. Determination of Proposed Successor Guardian's Qualification to Serve

Sec. 1203.152.  DETERMINATION OF PROPOSED SUCCESSOR GUARDIAN'S QUALIFICATION TO SERVE.  When the court is notified of the existence of a proposed successor guardian under Section 1203.151(a), or the court otherwise becomes aware of a family member, a friend, or any other interested person who is willing and able to serve as a successor guardian for a ward of a guardianship program or governmental entity, the court shall determine whether the proposed successor guardian is qualified to serve under this title as the ward's successor guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.153 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter D. Successor Guardians for Wards of Guardianship Programs or Governmental Entities|Section 1203.153. Application to Appoint Successor Guardian

Sec. 1203.153.  APPLICATION TO APPOINT SUCCESSOR GUARDIAN.  (a)  If the court finds under Section 1203.152 that the proposed successor guardian for a ward is not disqualified from being appointed as the ward's successor guardian under Subchapter H, Chapter 1104, and that the appointment is in the ward's best interests, the guardianship program or governmental entity serving as the ward's guardian or the court, on the court's own motion, may file an application to appoint the individual as the ward's successor guardian.(b)  Service of notice on an application filed under this section shall be made as directed by the court.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.201 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter E. Procedures After Resignation, Removal, or Death of Guardian|Section 1203.201. Payment to Ward While Office of Guardian Is Vacant

Sec. 1203.201.  PAYMENT TO WARD WHILE OFFICE OF GUARDIAN IS VACANT.  (a)  A debtor, obligor, or payor may pay or tender money or another thing of value falling due to a ward while the office of guardian is vacant to the court clerk for the credit of the ward.(b)  Payment or tender under Subsection (a) discharges the debtor, obligor, or payor of the obligation for all purposes to the extent and purpose of the payment or tender.(c)  The court clerk shall issue a receipt for any payment or tender accepted under this section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1203.202 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter E. Procedures After Resignation, Removal, or Death of Guardian|Section 1203.202. Rights, Powers, and Duties of Successor Guardian

Sec. 1203.202.  RIGHTS, POWERS, AND DUTIES OF SUCCESSOR GUARDIAN.  (a)  A successor guardian has the rights and powers and is subject to all the duties of the predecessor.(b)  A guardian who accepts appointment and qualifies after letters of guardianship have been granted on the estate shall:(1)  succeed in like manner to the predecessor; and(2)  administer the estate in like manner as if the guardian's administration were a continuation of the former administration.(c)  A successor guardian may:(1)  make himself or herself, and be made, a party to a suit prosecuted by or against the successor's predecessor;(2)  settle with the predecessor and receive and give a receipt for any portion of the estate property that remains in the predecessor's possession; or(3)  commence a suit on the bond or bonds of the predecessor, in the successor's own name and capacity, for all the estate property that:(A)  came into the predecessor's possession; and(B)  has not been accounted for by the predecessor.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 22, eff. September 1, 2015.|
TX Est Code § 1203.203 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1203 - Resignation, Removal, or Death of Guardian; Appointment of Successor|Subchapter E. Procedures After Resignation, Removal, or Death of Guardian|Section 1203.203. Successor Guardian to Return Inventory, Appraisement, and List of Claims

Sec. 1203.203.  SUCCESSOR GUARDIAN TO RETURN INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.  (a)  A successor guardian who has qualified to succeed a former guardian shall, in the manner required of an original appointee:(1)  make and return to the court an inventory, appraisement, and list of claims of the estate not later than the 30th day after the date the successor qualifies; and(2)  return additional inventories, appraisements, and lists of claims.(b)  On the application of any person interested in the estate, the court shall, in an order appointing a successor guardian, appoint an appraiser as in an original appointment of a guardian.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1204.001 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1204 - Final Settlement, Accounting, and Discharge|Subchapter A. Time for Settlement of Guardianship|Section 1204.001. Settlement of Guardianship

Sec. 1204.001.  SETTLEMENT OF GUARDIANSHIP.  (a)  A guardianship shall be settled and closed as provided by this section and Section 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.(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.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.059, eff. January 1, 2014.|
TX Est Code § 1204.002 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1204 - Final Settlement, Accounting, and Discharge|Subchapter A. Time for Settlement of Guardianship|Section 1204.002. Appointment of Attorney Ad Litem to Represent Ward in Final Settlement Under Certain Circumstances

Sec. 1204.002.  APPOINTMENT OF ATTORNEY AD LITEM TO REPRESENT WARD IN FINAL SETTLEMENT UNDER CERTAIN CIRCUMSTANCES.  (a)  The court may appoint an attorney ad litem to represent the ward's interest in the final settlement with the guardian if:(1)  the ward is deceased and there is no executor or administrator of the ward's estate;(2)  the ward is a nonresident; or(3)  the ward's residence is unknown.(b)  The court shall allow the attorney ad litem appointed under this section reasonable compensation out of the ward's estate for any services provided by the attorney.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1204.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1204 - Final Settlement, Accounting, and Discharge|Subchapter B. Payment of Certain Expenses and Debts|Section 1204.051. Funeral Arrangements and Other Debts; Account for Final Settlement on Complaint of Personal Representative

Sec. 1204.051.  FUNERAL ARRANGEMENTS AND OTHER DEBTS; ACCOUNT FOR FINAL SETTLEMENT ON COMPLAINT OF PERSONAL REPRESENTATIVE.  Before a guardianship of the person or estate of a ward is closed on the ward's death, the guardian may, subject to the court's approval, make all funeral arrangements and pay the funeral expenses and all other debts out of the deceased ward's estate.  If a personal representative of the estate of a deceased ward is appointed, the court shall on the written complaint of the personal representative have the guardian of the deceased ward cited to appear and present an account for final settlement as provided by Section 1204.101.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1204.052 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1204 - Final Settlement, Accounting, and Discharge|Subchapter B. Payment of Certain Expenses and Debts|Section 1204.052. Taxes and Expenses of Administration; Sale of Estate Property

Sec. 1204.052.  TAXES AND EXPENSES OF ADMINISTRATION; SALE OF ESTATE PROPERTY.  Notwithstanding any other provision of this title, a probate court in which proceedings to declare heirship are maintained may order:(1)  the guardian to pay any taxes or expenses of administering the estate; and(2)  the sale of property in the ward's estate, when necessary, to:(A)  pay the taxes or expenses of administering the estate; or(B)  distribute the estate among the heirs.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1204.053 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle F - Evaluation, Modification, or Termination of Guardianship|Chapter 1204 - Final Settlement, Accounting, and Discharge|Subchapter B. Payment of Certain Expenses and Debts|Section 1204.053. Inheritance Taxes; Limitation on Closing Estate

Sec. 1204.053.  INHERITANCE TAXES; LIMITATION ON CLOSING ESTATE.  If the guardian has been ordered to pay inheritance taxes under this code, a deceased ward's estate may not be closed unless the account for final settlement shows and the court finds that all inheritance taxes due and owing to this state with respect to all interests and property passing through the guardian's possession have been paid.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|