reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.007. Corporate Fiduciary

Sec. 1002.007.  CORPORATE FIDUCIARY. "Corporate fiduciary" means a financial institution, as defined by Section 201.101, Finance Code, that:
(1)  is existing or engaged in business under the laws of this state, another state, or the United States;
(2)  has trust powers; and
(3)  is authorized by law to act under the order or appointment of a court of record, without giving bond, as guardian, receiver, trustee, executor, administrator, or, although the financial institution does not have general depository powers, depository for any money paid into the court, or to become sole guarantor or surety in or on any bond required to be given under the laws of this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.008. Court; Probate Court; Statutory Probate Court

Sec. 1002.008.  COURT; PROBATE COURT; STATUTORY PROBATE COURT.  (a)  "Court" or "probate court" means:
(1)  a county court exercising its probate jurisdiction;
(2)  a court created by statute and authorized to exercise original probate jurisdiction; or
(3)  a district court exercising original probate jurisdiction in a contested matter.
(b)  "Statutory probate court" means a court created by statute and designated as a statutory probate court under Chapter 25, Government Code.  The term does not include a county court at law exercising probate jurisdiction unless the court is designated a statutory probate court under Chapter 25, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.009. Court Investigator

Sec. 1002.009.  COURT INVESTIGATOR.  "Court investigator" means a person appointed by the judge of a statutory probate court under Section 25.0025, Government Code, or a judge under Section 1054.156.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 414 (S.B. 1016), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.010. Estate; Guardianship Estate

Sec. 1002.010.  ESTATE; GUARDIANSHIP ESTATE.  "Estate" or "guardianship estate" means a ward's or deceased ward's property, as that property:
(1)  exists originally and 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 deceased ward's representative by the trustee of a trust that terminates on the ward's death, or substitutions for the property; and
(3)  is diminished by any decreases in or distributions from the property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.011. Exempt Property

Sec. 1002.011.  EXEMPT PROPERTY.  "Exempt property" means the property in a deceased ward's estate that is exempt from execution or forced sale by the constitution or laws of this state, and any allowance paid instead of that property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.012. Guardian

Sec. 1002.012.  GUARDIAN.  (a)  "Guardian" means a person appointed as a:
(1)  guardian under Subchapter D, Chapter 1101;
(2)  successor guardian; or
(3)  temporary guardian.
(b)  Except as expressly provided otherwise, "guardian" includes:
(1)  the guardian of the estate of an incapacitated person; and
(2)  the guardian of the person of an incapacitated person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.013. Guardian Ad Litem

Sec. 1002.013.  GUARDIAN AD LITEM.  "Guardian ad litem" means a person appointed by a court to represent the best interests of an incapacitated person in a guardianship proceeding.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.014. Guardianship Certification Program of the Judicial Branch Certification Commission

Sec. 1002.014.   GUARDIANSHIP CERTIFICATION PROGRAM OF THE JUDICIAL BRANCH CERTIFICATION COMMISSION.  "Guardianship certification program of the Judicial Branch Certification Commission" means the program established under Chapter 155, Government Code.
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. 42 (S.B. 966), Sec. 2.04, eff. September 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.015. Guardianship Proceeding

Sec. 1002.015.  GUARDIANSHIP PROCEEDING.  The term "guardianship proceeding" means a matter or proceeding related to a guardianship or any other matter covered by this title, including:
(1)  the appointment of a guardian of a minor or other incapacitated person, including an incapacitated adult for whom another court obtained continuing, exclusive jurisdiction in a suit affecting the parent-child relationship when the person was a child;
(2)  an application, petition, or motion regarding guardianship or a substitute for guardianship under this title;
(3)  a mental health action; and
(4)  an application, petition, or motion regarding a trust created under Chapter 1301.
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. 6.014, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.016. Guardianship Program

Sec. 1002.016.  GUARDIANSHIP PROGRAM.  "Guardianship program" has the meaning assigned by Section 155.001, Government Code.
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. 42 (S.B. 966), Sec. 2.05, eff. September 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.017. Incapacitated Person

Sec. 1002.017.  INCAPACITATED PERSON.  "Incapacitated person" means:
(1)  a minor;
(2)  an adult who, because of a physical or mental condition, is substantially unable to:
(A)  provide food, clothing, or shelter for himself or herself;
(B)  care for the person's own physical health; or
(C)  manage the person's own financial affairs; or
(3)  a person who must have a guardian appointed for the person to receive funds due the person from a governmental source.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.018. Interested Person; Person Interested

Sec. 1002.018.  INTERESTED PERSON; PERSON INTERESTED.  "Interested person" or "person interested" means:
(1)  an heir, devisee, spouse, creditor, or any other person having a property right in or claim against an estate being administered; or
(2)  a person interested in the welfare of an incapacitated person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.019. Minor

Sec. 1002.019.  MINOR.  "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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.020. Mortgage; Lien

Sec. 1002.020.  MORTGAGE; LIEN.  "Mortgage" and "lien" include:
(1)  a deed of trust;
(2)  a vendor's lien;
(3)  a mechanic's, materialman's, or laborer's lien;
(4)  a judgment, attachment, or garnishment lien;
(5)  a federal or state tax lien;
(6)  a chattel mortgage; and
(7)  a pledge by hypothecation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.021. Next of Kin

Sec. 1002.021.  NEXT OF KIN.  "Next of kin" includes:
(1)  an adopted child;
(2)  an adopted child's descendants; and
(3)  the adoptive parent of an adopted child.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.022. Parent

Sec. 1002.022.  PARENT.  "Parent" means the mother of a child, a man presumed to be the biological father of a child, a man who has been adjudicated to be the biological father of a child by a court of competent jurisdiction, or an adoptive mother or father of a child, but does not include a parent as to whom the parent-child relationship has been terminated.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.023. Person

Sec. 1002.023.  PERSON.  (a)  "Person" includes a natural person, a corporation, and a guardianship program.
(b)  The definition of "person" assigned by Section 311.005, Government Code, does not apply to any provision in this title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.024. Personal Property

Sec. 1002.024.  PERSONAL PROPERTY. "Personal property" includes an interest in:
(1)  goods;
(2)  money;
(3)  a chose in action;
(4)  an evidence of debt; and
(5)  a real chattel.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.025. Private Professional Guardian

Sec. 1002.025.  PRIVATE PROFESSIONAL GUARDIAN.  "Private professional guardian" has the meaning assigned by Section 155.001, Government Code.
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. 42 (S.B. 966), Sec. 2.06, eff. September 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.026. Proposed Ward

Sec. 1002.026.  PROPOSED WARD.  "Proposed ward" means a person alleged in a guardianship proceeding to be incapacitated.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.0265. Qualified Delivery Method

Sec. 1002.0265.  QUALIFIED DELIVERY METHOD. "Qualified delivery method" means delivery by:
(1)  hand delivery by courier, with courier's proof of delivery receipt;
(2)  certified or registered mail, return receipt requested, with return receipt; or
(3)  a private delivery service designated as a designated delivery service by the United States Secretary of the Treasury under Section 7502(f)(2), Internal Revenue Code of 1986, with proof of delivery receipt.
Added by Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785), Sec. 1, eff. September 1, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.027. Real Property

Sec. 1002.027.  REAL PROPERTY.  "Real property" includes estates and interests in land, whether corporeal or incorporeal or legal or equitable.  The term does not include a real chattel.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.028. Representative; Personal Representative

Sec. 1002.028.  REPRESENTATIVE; PERSONAL REPRESENTATIVE.  "Representative" and "personal representative" include:
(1)  a guardian; and
(2)  a successor guardian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.029. Surety

Sec. 1002.029.  SURETY.  "Surety" includes a personal surety and a corporate surety.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.030. Ward

Sec. 1002.030.  WARD.  "Ward" means a person for whom a guardian has been appointed.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle A - General Provisions › Chapter 1002 - Definitions › Section 1002.031. Supports and Services

Sec. 1002.031.  SUPPORTS AND SERVICES.  "Supports and services" means available formal and informal resources and assistance that enable an individual to:
(1)  meet the individual's needs for food, clothing, or shelter;
(2)  care for the individual's physical or mental health;
(3)  manage the individual's financial affairs; or
(4)  make personal decisions regarding residence, voting, operating a motor vehicle, and marriage.
Added by Acts 2015, 84th Leg., R.S., Ch. 214 (H.B. 39), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1022 - Jurisdiction › Section 1022.001. General Probate Court Jurisdiction in Guardianship Proceedings; Appeals

Sec. 1022.001.  GENERAL PROBATE COURT JURISDICTION IN GUARDIANSHIP PROCEEDINGS; APPEALS.  (a)  All guardianship proceedings must be filed and heard in a court exercising original probate jurisdiction.  The court exercising original probate jurisdiction also has jurisdiction of all matters related to the guardianship proceeding as specified in Section 1021.001 for that type of court.
(b)  A probate court may exercise pendent and ancillary jurisdiction as necessary to promote judicial efficiency and economy.
(c)  A final order issued by a probate court is appealable to the court of appeals.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1022 - Jurisdiction › Section 1022.002. Original Jurisdiction for Guardianship Proceedings

Sec. 1022.002.  ORIGINAL JURISDICTION FOR GUARDIANSHIP PROCEEDINGS.  (a)  In a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, the county court has original jurisdiction of guardianship proceedings.
(b)  In a county in which there is no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction, the county court at law exercising original probate jurisdiction and the county court have concurrent original jurisdiction of guardianship proceedings, unless otherwise provided by law.  The judge of a county court may hear guardianship proceedings while sitting for the judge of any other county court.
(c)  In a county in which there is a statutory probate court, the statutory probate court has original jurisdiction of guardianship proceedings.
(d)  From the filing of the application for the appointment of a guardian of the estate or person, or both, until the guardianship is settled and closed under this chapter, the administration of the estate of a minor or other incapacitated person is one proceeding for purposes of jurisdiction and is a proceeding in rem.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1022 - Jurisdiction › Section 1022.004. Jurisdiction of Contested Guardianship Proceeding in County With No Statutory Probate Court

Sec. 1022.004.  JURISDICTION OF CONTESTED GUARDIANSHIP PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT.  (a)  In a county in which there is no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction, when a matter in a guardianship proceeding is contested, the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, transfer the contested matter to the county court at law.  In addition, the judge of the county court, on the judge's own motion or on the motion of a party to the proceeding, may transfer the entire proceeding to the county court at law.
(b)  A county court at law to which a proceeding is transferred under this section may hear the proceeding as if originally filed in that court.  If only a contested matter in the proceeding is transferred, on the resolution of the matter, the matter shall be returned to the county court for further proceedings not inconsistent with the orders of the county court at law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1022 - Jurisdiction › Section 1022.005. Exclusive Jurisdiction of Guardianship Proceeding in County With Statutory Probate Court

Sec. 1022.005.  EXCLUSIVE JURISDICTION OF GUARDIANSHIP PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT.  (a)  In a county in which there is a statutory probate court, the statutory probate court has exclusive jurisdiction of all guardianship proceedings, regardless of whether contested or uncontested.
(b)  A cause of action related to a guardianship proceeding of which the statutory probate court has exclusive jurisdiction as provided by Subsection (a) must be brought in the statutory probate court unless the jurisdiction of the statutory probate court is concurrent with the jurisdiction of a district court as provided by Section 1022.006 or with the jurisdiction of any other court.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1022 - Jurisdiction › Section 1022.006. Concurrent Jurisdiction With District Court

Sec. 1022.006.  CONCURRENT JURISDICTION WITH DISTRICT COURT.  A statutory probate court has concurrent jurisdiction with the district court in:
(1)  a personal injury, survival, or wrongful death action by or against a person in the person's capacity as a guardian; and
(2)  an action involving a guardian in which each other party aligned with the guardian is not an interested person in the guardianship.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1022 - Jurisdiction › Section 1022.007. Transfer of Proceeding by Statutory Probate Court

Sec. 1022.007.  TRANSFER OF PROCEEDING BY STATUTORY PROBATE COURT.  (a)  A judge of a statutory probate court, on the motion of a party to the action or of a person interested in the guardianship, may:
(1)  transfer to the judge's court from a district, county, or statutory court a cause of action that is a matter related to a guardianship proceeding pending in the statutory probate court, including a cause of action that is a matter related to a guardianship proceeding pending in the statutory probate court and in which the guardian, ward, or proposed ward in the pending guardianship proceeding is a party; and
(2)  consolidate the transferred cause of action with the guardianship proceeding to which it relates and any other proceedings in the statutory probate court that are related to the guardianship proceeding.
(b)  Notwithstanding any other provision of this title, the proper venue for an action by or against a guardian, ward, or proposed ward for personal injury, death, or property damages is determined under Section 15.007, Civil Practice and Remedies Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1022 - Jurisdiction › Section 1022.008. Transfer of Contested Guardianship of the Person of a Minor

Sec. 1022.008.  TRANSFER OF CONTESTED GUARDIANSHIP OF THE PERSON OF A MINOR.  (a)  If an interested person contests an application for the appointment of a guardian of the person of a minor or an interested person seeks the removal of a guardian of the person of a minor, the judge, on the judge's own motion, may transfer all matters related to the guardianship proceeding to a court of competent jurisdiction in which a suit affecting the parent-child relationship under the Family Code is pending.
(b)  The probate court that transfers a proceeding under this section to a court with proper jurisdiction over suits affecting the parent-child relationship shall send to the court to which the transfer is made the complete files in all matters affecting the guardianship of the person of the minor and certified copies of all entries in the judge's guardianship docket.  The transferring court shall keep a copy of the transferred files.  If the transferring court retains jurisdiction of the guardianship of the estate of the minor or of another minor who was the subject of the suit, the court shall send a copy of the complete files to the court to which the transfer is made and shall keep the original files.
(c) The court to which a transfer is made under this section shall apply the procedural and substantive provisions of the Family Code, including Sections 155.005 and 155.205, in regard to enforcing an order rendered by the court from which the proceeding was transferred.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 77, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 165, Sec. 7.55, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 602 (H.B. 585), Sec. 12, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1085 (S.B. 1196), Sec. 5, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1085 (S.B. 1196), Sec. 6, eff. September 1, 2011.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(b), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1023 - Venue › Section 1023.001. Venue for Appointment of Guardian

Sec. 1023.001. VENUE FOR APPOINTMENT OF GUARDIAN.  (a)  Except as otherwise authorized by this section, a proceeding for the appointment of a guardian for the person or estate, or both, of an incapacitated person shall be brought in the county in which the proposed ward resides or is located on the date the application is filed or in the county in which the principal estate of the proposed ward is located.
(b) A proceeding for the appointment of a guardian for the person or estate, or both, of a minor may be brought:
(1) in the county in which both the minor's parents reside;
(2) if the parents do not reside in the same county, in the county in which the parent who is the sole managing conservator of the minor resides, or in the county in which the parent who is the joint managing conservator with the greater period of physical possession of and access to the minor resides;
(3) if only one parent is living and the parent has custody of the minor, in the county in which that parent resides;
(4) if both parents are dead but the minor was in the custody of a deceased parent, in the county in which the last surviving parent having custody resided;  or
(5) if both parents of a minor child have died in a common disaster and there is no evidence that the parents died other than simultaneously, in the county in which both deceased parents resided at the time of their simultaneous deaths if they resided in the same county.
(c) A proceeding for the appointment of a guardian who was appointed by will may be brought in the county in which the will was admitted to probate or in the county of the appointee's residence if the appointee resides in this state.
(d) Repealed by Acts 1999, 76th Leg., ch. 379, Sec. 10, eff. Sept. 1, 1999.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 379, Sec. 10, eff. Sept. 1, 1999.
Transferred and redesignated from Probate Code, Art/Sec 610 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(c), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1023 - Venue › Section 1023.002. Concurrent Venue and Transfer for Want of Venue

Sec. 1023.002.  CONCURRENT VENUE AND TRANSFER FOR WANT OF VENUE.  (a)  If two or more courts have concurrent venue of a guardianship proceeding, the court in which an application for a guardianship proceeding is initially filed has and retains jurisdiction of the proceeding.  A proceeding is considered commenced by the filing of an application alleging facts sufficient to confer venue, and the proceeding initially legally commenced extends to all of the property of the guardianship estate.
(b) If a guardianship proceeding is commenced in more than one county, it shall be stayed except in the county in which it was initially commenced until final determination of proper venue is made by the court in the county in which it was initially commenced.
(c) If it appears to the court at any time before the guardianship is closed that the proceeding was commenced in a court that did not have venue over the proceeding, the court shall, on the application of any interested person, transfer the proceeding to the proper county.
(d) When a proceeding is transferred to another county under a provision of this chapter, all orders entered in connection with the proceeding shall be valid and shall be recognized in the court to which the guardianship was ordered transferred, if the orders were made and entered in conformance with the procedures prescribed by this code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(d), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1023 - Venue › Section 1023.003. Transfer of Guardianship to Another County

Sec. 1023.003.  TRANSFER OF GUARDIANSHIP TO ANOTHER COUNTY.  (a)  When a guardian or any other person desires to transfer the transaction of the business of the guardianship from one county to another, the person shall file a written application in the court in which the guardianship is pending stating the reason for the transfer.
(b)  With notice as provided by Section 1023.004, the court in which a guardianship is pending, on the court's own motion, may transfer the transaction of the business of the guardianship to another county if the ward resides in the county to which the guardianship is to be transferred.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 1(c), eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1023 - Venue › Section 1023.004. Notice

Sec. 1023.004.  NOTICE.  (a)  On filing an application or on motion of a court to transfer a guardianship to another county under Section 1023.003, the sureties on the bond of the guardian shall be cited by personal service to appear and show cause why the guardianship should not be transferred.
(b)  If an application is filed by a person other than the guardian, the guardian shall be cited by personal service to appear and show cause why the guardianship should not be transferred.
(c)  If a court made a motion to transfer a guardianship, the guardian shall be given notice by a qualified delivery method to appear and show cause why the guardianship should not be transferred.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(e), eff. January 1, 2014.
Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 1(d), eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 243 (H.B. 1296), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1023 - Venue › Section 1023.005. Court Action

Sec. 1023.005.  COURT ACTION.  (a)  On hearing an application or motion under Section 1023.003, if it appears that transfer of the guardianship is in the best interests of the ward and either the ward has resided in the county to which the guardianship is to be transferred for at least six months or good cause is not otherwise shown to deny the transfer, the court shall enter an order:
(1)  authorizing the transfer on payment on behalf of the estate of all accrued costs;
(2)  requiring that any existing bond of the guardian must remain in effect until a new bond has been given or a rider has been filed in accordance with Section 1023.010; and
(3)  certifying that the guardianship is in compliance with this code at the time of transfer.
(b)  In making a determination that the transfer is in the best interests of the ward under Subsection (a), the court may consider:
(1)  the interests of justice;
(2)  the convenience of the parties; and
(3)  the preference of the ward, if the ward is 12 years of age or older.
(c)  On receipt of an order described by Subsection (a), the county shall accept the transfer of the guardianship.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 1(e), eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1023 - Venue › Section 1023.007. Transfer Effective

Sec. 1023.007.  TRANSFER EFFECTIVE.  The order transferring a guardianship does not take effect until the clerk of the court to which the proceeding is transferred accepts and dockets the case record under Section 1023.006.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 15, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 14, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 6, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 11.006, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1023 - Venue › Section 1023.008. Continuation of Guardianship

Sec. 1023.008.  CONTINUATION OF GUARDIANSHIP.  (a)  When a guardianship is transferred from one county to another in accordance with this chapter:
(1)  the guardianship proceeds in the court to which it was transferred as if it had been originally commenced in that court;
(2)  the court to which the guardianship is transferred becomes the court of continuing, exclusive jurisdiction;
(3)  a proceeding relating to the guardianship that is commenced in the court ordering the transfer continues in the court to which the guardianship is transferred as if the proceeding commenced in the receiving court;
(4)  a judgment or order entered in the guardianship before the transfer has the same effect and must be enforced as a judgment or order entered by the court to which the guardianship is transferred; and
(5)  the court ordering the transfer does not retain:
(A)  jurisdiction of the ward who is the subject of the guardianship; and
(B)  the authority to enforce an order entered for a violation of this title that occurred before or after the transfer.
(b)  It is not necessary to record in the receiving court any of the papers in the case that were recorded in the court from which the case was transferred.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1023 - Venue › Section 1023.009. New Guardian Appointed on Transfer

Sec. 1023.009.  NEW GUARDIAN APPOINTED ON TRANSFER.  If it appears to the court that transfer of the guardianship is in the best interests of the ward, but that because of the transfer it is not in the best interests of the ward for the guardian of the estate to continue to serve in that capacity, the court may in its order of transfer revoke the letters of guardianship and appoint a new guardian, and the former guardian shall account for and deliver the estate as provided by this title in a case in which a guardian resigns.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1023 - Venue › Section 1023.010. Review of Transferred Guardianship

Sec. 1023.010.  REVIEW OF TRANSFERRED GUARDIANSHIP.  (a)  Not later than the 90th day after the date the transfer of the guardianship takes effect under Section 1023.007, the court to which the guardianship was transferred shall hold a hearing to consider modifying the rights, duties, and powers of the guardian or any other provisions of the transferred guardianship.
(b)  After the hearing described by Subsection (a), the court to which the guardianship was transferred shall enter an order requiring the guardian to:
(1)  give a new bond payable to the judge of the court to which the guardianship was transferred; or
(2)  file a rider to an existing bond noting the court to which the guardianship was transferred.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.015(a), eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1023 - Venue › Section 1023.011. No Liability of Judge

Sec. 1023.011.  NO LIABILITY OF JUDGE.  (a)  When a guardianship is transferred from one county to another in accordance with this chapter, a judge of the court from which the guardianship is transferred may not be held civilly liable for any injury, damage, or loss to the ward or the ward's estate that occurs after the transfer.
(b)  A judge of the court to which a guardianship is transferred as described by Subsection (a) may not be held civilly liable for any injury, damage, or loss to the ward or the ward's estate that occurred before the transfer.
Added by Acts 2021, 87th Leg., R.S., Ch. 382 (S.B. 1129), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter A. Issuance and Form of Notice or Process › Section 1051.001. Issuance of Notice or Process in General

Sec. 1051.001.  ISSUANCE OF NOTICE OR PROCESS IN GENERAL.  (a)  Except as provided by Subsection (b), a person is not required to be cited or otherwise given notice in a guardianship proceeding except in a situation in which this title expressly provides for citation or the giving of notice.
(b)  If this title does not expressly provide for citation or the issuance or return of notice in a guardianship proceeding, the court may require that notice be given.  A court that requires that notice be given shall prescribe the form and manner of service of the notice and the return of service.
(c)  Unless a court order is required by this title, the county clerk without a court order shall issue:
(1)  necessary citations, writs, and other process in a guardianship proceeding; and
(2)  all notices not required to be issued by a guardian.
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. 6.016, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter A. Issuance and Form of Notice or Process › Section 1051.002. Direction of Writ or Other Process

Sec. 1051.002.  DIRECTION OF WRIT OR OTHER PROCESS.  (a)  A writ or other process other than a citation or notice must be directed "To any sheriff or constable within the State of Texas."
(b)  Notwithstanding Subsection (a), a writ or other process other than a citation or notice may not be held defective because the process is directed to the sheriff or a constable of a named county if the process is properly served within that county by an officer authorized to serve the process.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter A. Issuance and Form of Notice or Process › Section 1051.003. Contents of Citation or Notice

Sec. 1051.003.  CONTENTS OF CITATION OR NOTICE.  (a)  A citation or notice must:
(1)  be directed to the person to be cited or notified;
(2)  be dated;
(3)  state the style and number of the proceeding;
(4)  state the court in which the proceeding is pending;
(5)  describe generally the nature of the proceeding or matter to which the citation or notice relates;
(6)  direct the person being cited or notified to appear by filing a written contest or answer or to perform another required action; and
(7)  state when and where the appearance or performance described by Subdivision (6) is required.
(b)  A citation or notice issued by the county clerk must be styled "The State of Texas" and be signed by the clerk under the court's seal.
(c)  A notice required to be given by a guardian must be in writing and be signed by the guardian in the guardian's official capacity.
(d)  A citation or notice is not required to contain a precept directed to an officer, but may not be held defective because the citation or notice contains a precept directed to an officer authorized to serve the citation or notice.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 16, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 15, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter B. Methods of Serving Citation or Notice; Persons to Be Served › Section 1051.051. Personal Service

Sec. 1051.051.  PERSONAL SERVICE.  (a) Except as otherwise provided by Subsection (b), if personal service of citation or notice is required, the citation or notice must be served on the attorney of record for the person to be cited or notified.  Notwithstanding the requirement of personal service, service may be made on that attorney by any method specified by Section 1051.055 for service on an attorney of record.
(b)  If the person to be cited or notified does not have an attorney of record in the proceeding, or if an attempt to serve the person's attorney is unsuccessful:
(1)  the sheriff or constable shall serve the citation or notice by delivering a copy of the citation or notice to the person to be cited or notified, in person, if the person to whom the citation or notice is directed is in this state; or
(2)  a disinterested person competent to make an oath that the citation or notice was served may serve the citation or notice, if the person to be cited or notified is absent from or is not a resident of this state.
(c)  The return day of the citation or notice served under Subsection (b) must be at least 10 days after the date of service, excluding the date of service.
(d)  If the citation or notice attempted to be served as provided by Subsection (b) is returned with the notation that the person sought to be served, whether inside or outside this state, cannot be found, the county clerk shall issue a new citation or notice.  Service of the new citation or notice must be made by publication.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter B. Methods of Serving Citation or Notice; Persons to Be Served › Section 1051.053. Service by Posting

Sec. 1051.053.  SERVICE BY POSTING.  (a)  The county clerk shall deliver the original and a copy of a citation or notice required to be posted to the sheriff or a constable of the county in which the proceeding is pending.  The sheriff or constable shall post the copy at the door of the county courthouse or the location in or near the courthouse where public notices are customarily posted.
(b)  Citation or notice under this section must be posted for at least 10 days before the return day of the citation or notice, excluding the date of posting, except as provided by Section 1051.152(b).  The date of service of citation or notice by posting is the date of posting.
(c)  A sheriff or constable who posts a copy of a citation or notice under this section shall return the original citation or notice to the county clerk and state the date and location of the posting in a written return of the copy of the citation or notice.
(d)  The method of service prescribed by this section applies when a guardian is required or permitted to post a notice.  The notice must be:
(1)  issued in the name of the guardian;
(2)  addressed and delivered to, and posted and returned by, the appropriate officer; and
(3)  filed with the county clerk.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle C - Procedural Matters › Chapter 1051 - Notices and Process in Guardianship Proceedings in General › Subchapter B. Methods of Serving Citation or Notice; Persons to Be Served › Section 1051.054. Service by Publication

Sec. 1051.054.  SERVICE BY PUBLICATION.
(a)  Except as provided by Section 17.032, Civil Practice and Remedies Code, citation or notice to a person to be served by publication shall be published one time on the public information Internet website maintained as required by Section 72.034, Government Code, and in a newspaper of general circulation in the county in which the proceeding is pending.  The publication must be made at least 10 days before the return day of the citation or notice, excluding the date of publication.
(b)  The date of service of citation or notice by publication is the earlier of:
(1)  the date the citation or notice is published on the public information Internet website under Subsection (a); or
(2)  the date of publication printed on the newspaper in which the citation or notice is published.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 15.02(2), eff. September 1, 2019.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.07, eff. June 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 15.02(2), eff. September 1, 2019.