2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle B - Scope, Jurisdiction, and Venue › Chapter 1021 - General Provisions › Section 1021.001. Matters Related to Guardianship Proceeding

Sec. 1021.001.  MATTERS RELATED TO GUARDIANSHIP PROCEEDING.  (a)  For purposes of this code, in a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, a matter related to a guardianship proceeding includes:
(1)  the granting of letters of guardianship;
(2)  the settling of an account of a guardian and all other matters relating to the settlement, partition, or distribution of a ward's estate;
(3)  a claim brought by or against a guardianship estate;
(4)  an action for trial of title to real property that is guardianship estate property, including the enforcement of a lien against the property;
(5)  an action for trial of the right of property that is guardianship estate property;
(6)  after a guardianship of the estate of a ward is required to be settled as provided by Section 1204.001:
(A)  an action brought by or on behalf of the former ward against a former guardian of the ward for alleged misconduct arising from the performance of the person's duties as guardian;
(B)  an action calling on the surety of a guardian or former guardian to perform in place of the guardian or former guardian, which may include the award of a judgment against the guardian or former guardian in favor of the surety;
(C)  an action against a former guardian of the former ward that is brought by a surety that is called on to perform in place of the former guardian;
(D)  a claim for the payment of compensation, expenses, and court costs, and any other matter authorized under Chapter 1155; and
(E)  a matter related to an authorization made or duty performed by a guardian under Chapter 1204; and
(7)  the appointment of a trustee for a trust created under Section 1301.053 or 1301.054, the settling of an account of the trustee, and all other matters relating to the trust.
(a-1)  For purposes of this code, 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, a matter related to a guardianship proceeding includes:
(1)  all matters and actions described in Subsection (a);
(2)  the interpretation and administration of a testamentary trust in which a ward is an income or remainder beneficiary; and
(3)  the interpretation and administration of an inter vivos trust in which a ward is an income or remainder beneficiary.
(b)  For purposes of this code, in a county in which there is a statutory probate court, a matter related to a guardianship proceeding includes:
(1)  all matters and actions described in Subsections (a) and (a-1);
(2)  a suit, action, or application filed against or on behalf of a guardianship or a trustee of a trust created under Section 1301.053 or 1301.054; and
(3)  a cause of action in which a guardian in a guardianship pending in the statutory probate court is a party.
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. 1236 (S.B. 1296), Sec. 20.007, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 13, eff. September 1, 2021.