H.B. No. 2685
    1-1                                AN ACT
    1-2  relating to guardianships of the person or estate of incapacitated
    1-3  persons.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The Texas Probate Code is amended by adding
    1-6  Chapter XIII to read as follows:
    1-7                      CHAPTER XIII.  GUARDIANSHIP
    1-8                      PART 1.  GENERAL PROVISIONS
    1-9           SUBPART A.  DEFINITIONS; PURPOSE; APPLICABILITY;
   1-10                          PROCEEDINGS IN REM
   1-11        Sec. 601.  Definitions.  In this chapter:
   1-12              (1)  "Attorney ad litem" means an attorney who is
   1-13  appointed by a court to represent and advocate on behalf of a
   1-14  proposed ward, an incapacitated person, or an unborn person in a
   1-15  guardianship proceeding.
   1-16              (2)  "Authorized corporate surety" means a domestic or
   1-17  foreign corporation authorized to do business in this state to
   1-18  issue surety, guaranty, or indemnity bonds guaranteeing the
   1-19  fidelity of guardians.
   1-20              (3)  "Child" includes a biological or adopted child,
   1-21  whether adopted by a parent under a statutory procedure or by acts
   1-22  of estoppel.
   1-23              (4)  "Claims" includes a liability against the estate
   1-24  of a minor or an incapacitated person and debts due to the estate
    2-1  of a minor or an incapacitated person.
    2-2              (5)  "Corporate fiduciary" means a trust company or
    2-3  bank having trust powers, existing or doing business under the laws
    2-4  of this state or of the United States, that is authorized by law to
    2-5  act under the order or appointment of any court of record, without
    2-6  giving bond, as a guardian, receiver, trustee, executor, or
    2-7  administrator, or, although without general depository powers, as a
    2-8  depository for any money paid into court, or to become sole
    2-9  guarantor or surety in or on any bond required to be given under
   2-10  the laws of this state.
   2-11              (6)  "Court" or "probate court" means a county court in
   2-12  the exercise of its probate jurisdiction, a court created by
   2-13  statute and authorized to exercise original probate jurisdiction,
   2-14  or a district court exercising original probate jurisdiction in
   2-15  contested matters.
   2-16              (7)  "Estate" or "guardianship estate" means the real
   2-17  and personal property of a ward or deceased ward, both as the
   2-18  property originally existed and as has from time to time changed in
   2-19  form by sale, reinvestment, or otherwise, and as augmented by any
   2-20  accretions and additions to (including any property to be
   2-21  distributed to the representative of the deceased ward by the
   2-22  trustee of a trust that terminates on the ward's death) or
   2-23  substitutions for the property, and as diminished by any decreases
   2-24  to or distributions from the property.
   2-25              (8)  "Exempt property" refers to that property of a
   2-26  deceased ward's estate that is exempt from execution or forced sale
   2-27  by the constitution or laws of this state, and to the allowance in
    3-1  lieu of the property.
    3-2              (9)  "Guardian ad litem" means a person who is
    3-3  appointed by a court to represent the best interests of an
    3-4  incapacitated person in a guardianship proceeding.
    3-5              (10)  "Guardianship program" means a local, county, or
    3-6  regional program that provides guardianship and related services to
    3-7  an incapacitated person or other person who needs assistance in
    3-8  making decisions concerning the person's own welfare or financial
    3-9  affairs.
   3-10              (11)  "Incapacitated person" means:
   3-11                    (A)  a minor;
   3-12                    (B)  an adult individual who, because of a
   3-13  physical or mental condition, is substantially unable to provide
   3-14  food, clothing, or shelter for himself or herself, to care for the
   3-15  individual's own physical health, or to manage the individual's own
   3-16  financial affairs;
   3-17                    (C)  a missing person; or
   3-18                    (D)  a person who must have a guardian appointed
   3-19  to receive funds due the person from any governmental source.
   3-20              (12)  "Interested persons" or "persons interested"
   3-21  means an heir, devisee, spouse, creditor, or any other person
   3-22  having a property right in, or claim against, the estate being
   3-23  administered or a person interested in the welfare of an
   3-24  incapacitated person, including a minor.
   3-25              (13)  "Minor" means a person who is younger than 18
   3-26  years of age and who has never been married or who has not had the
   3-27  person's disabilities of minority removed for general purposes.
    4-1              (14)  "Minutes" means the guardianship minutes.
    4-2              (15)  "Missing person" means a person reported by an
    4-3  executive department of the United States to be a prisoner of war
    4-4  or missing in the course of public service to the United States.
    4-5              (16)  "Mortgage" or "lien" includes a deed of trust;
    4-6  vendor's lien; chattel mortgage; mechanic's, materialman's, or
    4-7  laborer's lien; judgment, attachment, or garnishment lien; pledge
    4-8  by hypothecation; and a federal or state tax lien.
    4-9              (17)  "Next of kin" includes an adopted child, the
   4-10  descendants of an adopted child, and the adoptive parent of an
   4-11  adopted child.
   4-12              (18)  "Parent" means the mother of a child, a man
   4-13  presumed to be the biological father of a child, a man who has been
   4-14  adjudicated to be the biological father of a child by a court of
   4-15  competent jurisdiction, or an adoptive mother or father of a child,
   4-16  but does not include a parent as to whom the parent-child
   4-17  relationship has been terminated.
   4-18              (19)  "Person" includes natural persons, corporations,
   4-19  and guardianship programs.
   4-20              (20)  "Personal property" includes an interest in
   4-21  goods, money, choses in action, evidence of debts, and chattels
   4-22  real.
   4-23              (21)  "Personal representative" or "representative"
   4-24  includes a guardian, and a successor guardian.
   4-25              (22)  "Private professional guardian" means a person,
   4-26  other than an attorney or a corporate fiduciary, who is engaged in
   4-27  the business of providing guardianship services.
    5-1              (23)  "Proceedings in guardianship," "guardianship
    5-2  matter," "guardianship matters," "guardianship proceeding," and
    5-3  "proceedings for guardianship" are synonymous and include a matter
    5-4  or proceeding relating to a guardianship or any other matter
    5-5  addressed by this chapter.
    5-6              (24)  "Property" includes both real and personal
    5-7  property.
    5-8              (25)  "Proposed ward" means a person alleged to be
    5-9  incapacitated in a guardianship proceeding.
   5-10              (26)  "Real property" includes estates and interests in
   5-11  lands, corporeal or incorporeal, legal or equitable, other than
   5-12  chattels real.
   5-13              (27)  "Statutory probate court" means a statutory court
   5-14  whose jurisdiction is limited by statute to the general
   5-15  jurisdiction of a probate court and a court whose statutorily
   5-16  designated name contains the word "probate."  County courts at law
   5-17  exercising probate jurisdiction are not statutory probate courts
   5-18  under this chapter unless the statutorily designated name of the
   5-19  county courts at law includes the word "probate."
   5-20              (28)  "Surety" includes a personal and a corporate
   5-21  surety.
   5-22              (29)  "Ward" is a person for whom a guardian has been
   5-23  appointed.
   5-24              (30)  The singular number includes the plural; the
   5-25  plural number includes the singular.
   5-26              (31)  The masculine gender includes the feminine and
   5-27  neuter.
    6-1        Sec. 602.  POLICY; PURPOSE OF GUARDIANSHIP.  A court may
    6-2  appoint a guardian with full authority over an incapacitated person
    6-3  or may grant a guardian limited authority over an incapacitated
    6-4  person as indicated by the incapacitated person's actual mental or
    6-5  physical limitations and only as necessary to promote and protect
    6-6  the well-being of the person.  If the person is not a minor, the
    6-7  court may not use age as the sole factor in determining whether to
    6-8  appoint a guardian for the person.  In creating a guardianship that
    6-9  gives a guardian limited power or authority over an incapacitated
   6-10  person, the court shall design the guardianship to encourage the
   6-11  development or maintenance of maximum self-reliance and
   6-12  independence in the incapacitated person.
   6-13        Sec. 603.  LAWS APPLICABLE TO GUARDIANSHIPS.  (a)  To the
   6-14  extent applicable and not inconsistent with other provisions of
   6-15  this code, the laws and rules governing estates of decedents apply
   6-16  to and govern guardianships.
   6-17        (b)  A reference in other sections of this code or in other
   6-18  law to a person who is mentally, physically, or legally
   6-19  incompetent, a person who is judicially declared incompetent, an
   6-20  incompetent or an incompetent person, a person of unsound mind, or
   6-21  a habitual drunkard means an incapacitated person.
   6-22        Sec. 604.  PROCEEDING IN REM.  From the filing of the
   6-23  application for the appointment of a guardian of the estate or
   6-24  person, or both, until the guardianship is settled and closed under
   6-25  this chapter, the administration of the estate of a minor or other
   6-26  incapacitated person is one proceeding for purposes of jurisdiction
   6-27  and is a proceeding in rem.
    7-1             PART 2.  GUARDIANSHIP PROCEEDINGS AND MATTERS
    7-2                       SUBPART A.  JURISDICTION
    7-3        Sec. 605.  County Court Jurisdiction.  The county court has
    7-4  the general jurisdiction of a probate court.  The county court
    7-5  shall appoint guardians of minors and other incapacitated persons,
    7-6  grant letters of guardianship, settle accounts of guardians, and
    7-7  transact all business appertaining to estates subject to
    7-8  guardianship, including the settlement, partition, and distribution
    7-9  of the estates.  The county court may also enter other orders as
   7-10  may be authorized under this chapter.
   7-11        Sec. 606.  District Court and Other Court of Record
   7-12  Jurisdiction.  (a)  The district court has original control and
   7-13  jurisdiction over guardians and wards under regulations as may be
   7-14  prescribed by law.
   7-15        (b)  In those counties in which there is no statutory probate
   7-16  court, county court at law, or other statutory court exercising the
   7-17  jurisdiction of a probate court, all applications, petitions and
   7-18  motions regarding guardianships, mental illness matters, and other
   7-19  matters covered by this chapter shall be filed and heard in the
   7-20  county court, except that in contested guardianship matters, the
   7-21  judge of the county court may on the judge's own motion, or shall
   7-22  on the motion of any party to the proceeding, according to the
   7-23  motion, request as provided by Section 25.0022, Government Code,
   7-24  and its subsequent amendments the assignment of a statutory probate
   7-25  judge to hear the contested portion of the proceeding, or transfer
   7-26  the contested portion of the proceeding to the district court,
   7-27  which may hear the transferred contested matters as if originally
    8-1  filed in the district court.  The county court continues to
    8-2  exercise jurisdiction over the management of the guardianship with
    8-3  the exception of the contested matter until final disposition of
    8-4  the contested matter is made by the assigned judge or the district
    8-5  court.  In contested matters transferred to the district court as
    8-6  provided by this subsection, the district court, concurrently with
    8-7  the county court, has the general jurisdiction of a probate court.
    8-8  On resolution of all pending contested matters, the district court
    8-9  shall transfer the contested portion of the guardianship proceeding
   8-10  to the county court for further proceedings not inconsistent with
   8-11  the orders of the district court.  If a contested portion of the
   8-12  proceeding is transferred to a district court under this
   8-13  subsection, the clerk of the district court may perform in relation
   8-14  to the transferred portion of the proceeding any function a county
   8-15  clerk may perform in that type of contested proceeding.
   8-16        (c)  In those counties in which there is a statutory probate
   8-17  court, county court at law, or other statutory court exercising the
   8-18  jurisdiction of a probate court, all applications, petitions and
   8-19  motions regarding guardianships, mental illness matters, or other
   8-20  matters addressed by this chapter shall be filed and heard in those
   8-21  courts and the constitutional county court, rather than in the
   8-22  district courts, unless otherwise provided by the legislature, and
   8-23  the judge of a county court may hear any of those matters sitting
   8-24  for the judge of any other county court.  Except as provided by
   8-25  Section 608 of this code, in contested guardianship matters, the
   8-26  judge of the constitutional county court may on the judge's own
   8-27  motion, and shall on the motion of a party to the proceeding,
    9-1  transfer the proceeding to the statutory probate court, county
    9-2  court at law, or other statutory court exercising the jurisdiction
    9-3  of a probate court.  The court to which the proceeding is
    9-4  transferred may hear the proceeding as if originally filed in the
    9-5  court.
    9-6        (d)  A statutory probate court has concurrent jurisdiction
    9-7  with the district court in all actions by or against a person in
    9-8  the person's capacity as guardian.
    9-9        (e)  A court that exercises original probate jurisdiction has
   9-10  the power to hear all matters incident to an estate.  When a surety
   9-11  is called on to perform in place of a guardian, a court exercising
   9-12  original probate jurisdiction may award judgment against the
   9-13  guardian in favor of the guardian's surety in the same suit, even
   9-14  if the ward has died.
   9-15        (f)  A final order of a court that exercises original probate
   9-16  jurisdiction is appealable to a court of appeals.
   9-17        Sec. 607.  Matters Appertaining and Incident to an Estate.
   9-18  (a)  In a proceeding in a constitutional county court or a
   9-19  statutory county court at law, the phrases "appertaining to
   9-20  estates" and "incident to an estate" in this chapter include the
   9-21  appointment of guardians, the issuance of letters of guardianship,
   9-22  a claim by or against a guardianship estate, all actions for trial
   9-23  of title to land incident to a guardianship estate and for the
   9-24  enforcement of liens incident to a guardianship estate, all actions
   9-25  for trial of the right of property incident to a guardianship
   9-26  estate, and generally all matters relating to the settlement,
   9-27  partition, and distribution of a guardianship estate.
   10-1        (b)  In a proceeding in a statutory probate court or district
   10-2  court, the phrases "appertaining to estates" and "incident to an
   10-3  estate" in this chapter include the appointment of guardians, the
   10-4  issuance of letters of guardianship, all claims by or against a
   10-5  guardianship estate, all actions for trial of title to land and for
   10-6  the enforcement of liens on the land, all actions for trial of the
   10-7  right of property, and generally all matters relating to the
   10-8  settlement, partition, and distribution of a guardianship estate.
   10-9  A statutory probate court, in the exercise of its jurisdiction and
  10-10  notwithstanding any other provision of this chapter, may hear all
  10-11  suits, actions, and applications filed against or on behalf of any
  10-12  guardianship.  In a situation in which the jurisdiction of a
  10-13  statutory probate court is concurrent with that of a district
  10-14  court, a cause of action appertaining to or incident to a
  10-15  guardianship estate shall be brought in a statutory probate court
  10-16  rather than in the district court.
  10-17        (c)  In all actions by or against a person in the person's
  10-18  capacity as a guardian, a statutory probate court has concurrent
  10-19  jurisdiction with a district court.
  10-20        (d)  A statutory probate court may exercise the pendent and
  10-21  ancillary jurisdiction necessary to promote judicial efficiency and
  10-22  economy.
  10-23        (e)  Subsections (c) and (d) of this section apply whether or
  10-24  not the matter is appertaining to or incident to a guardianship
  10-25  estate.
  10-26        Sec. 608.  Transfer of Guardianship Proceeding.  A judge of a
  10-27  statutory probate court on the motion of a party to the action or
   11-1  of a person interested in a guardianship, may transfer to the
   11-2  judge's court from a district, county, or statutory court a cause
   11-3  of action appertaining to or incident to a guardianship estate that
   11-4  is pending in the statutory probate court and may consolidate the
   11-5  transferred cause of action with the other proceedings in the
   11-6  statutory probate court relating to the guardianship estate.
   11-7        Sec. 609.  Contested Guardianship of the Person of a Minor.
   11-8  (a)  If an interested person contests an application for the
   11-9  appointment of a guardian of the person of a minor or an interested
  11-10  person seeks the removal of a guardian of the person of a minor,
  11-11  the judge, on the judge's own motion, may transfer all matters
  11-12  relating to the guardianship of the person of the minor to a court
  11-13  of competent jurisdiction in which a suit affecting the
  11-14  parent-child relationship under the Family Code is pending.
  11-15        (b)  The probate court that transfers a proceeding under this
  11-16  section to a court with proper jurisdiction over suits affecting
  11-17  the parent-child relationship shall send to the court to which the
  11-18  transfer is made the complete files in all matters affecting the
  11-19  guardianship of the person of the minor and certified copies of all
  11-20  entries in the minutes.  The transferring court shall keep a copy
  11-21  of the transferred files.  If the transferring court retains
  11-22  jurisdiction of the guardianship of the estate of the minor or of
  11-23  another minor who was the subject of the suit, the court shall send
  11-24  a copy of the complete files to the court to which the transfer is
  11-25  made and shall keep the original files.
  11-26        (c)  The court to which a transfer is made under this section
  11-27  shall apply the procedural and substantive provisions of the Family
   12-1  Code, including Section 11.05(h), and its subsequent amendments, in
   12-2  regard to enforcing an order rendered by the court from which the
   12-3  proceeding was transferred.
   12-4                           SUBPART B.  VENUE
   12-5        Sec. 610.  VENUE FOR APPOINTMENT OF GUARDIAN.  (a)  Except as
   12-6  otherwise authorized by this section, a proceeding for the
   12-7  appointment of a guardian for the person or estate, or both, of an
   12-8  incapacitated person shall be brought in the county in which the
   12-9  proposed ward resides or is located on the date the application is
  12-10  filed or in the county in which the principal estate of the
  12-11  proposed ward is located.
  12-12        (b)  A proceeding for the appointment of a guardian for the
  12-13  person or estate, or both, of a minor may be brought:
  12-14              (1)  in the county in which both the minor's parents
  12-15  reside;
  12-16              (2)  if the parents do not reside in the same county,
  12-17  in the county in which the parent who is the sole managing
  12-18  conservator of the minor resides, or in the county in which the
  12-19  parent who is the joint managing conservator with the greater
  12-20  period of physical possession of and access to the minor resides;
  12-21              (3)  if only one parent is living and the parent has
  12-22  custody of the minor, in the county in which that parent resides;
  12-23              (4)  if both parents are dead but the minor was in the
  12-24  custody of a deceased parent, in the county in which the last
  12-25  surviving parent having custody resided; or
  12-26              (5)  if both parents of a minor child have died in a
  12-27  common disaster and there is no evidence that the parents died
   13-1  other than simultaneously, in the county in which both deceased
   13-2  parents resided at the time of their simultaneous deaths if they
   13-3  resided in the same county.
   13-4        (c)  A proceeding for the appointment of a guardian who was
   13-5  appointed by will may be brought in the county in which the will
   13-6  was admitted to probate or in the county of the appointee's
   13-7  residence if the appointee resides in this state.
   13-8        (d)  A proceeding for the appointment of a guardian for the
   13-9  estate of a missing person may be brought:
  13-10              (1)  in the county in which the missing person's spouse
  13-11  resides;
  13-12              (2)  if there is no spouse, in the county in which a
  13-13  parent or child of the missing person resides; or
  13-14              (3)  if there is no spouse, parent, or child, in the
  13-15  county in which the missing person's next of kin resides.
  13-16        Sec. 611.  Concurrent Venue and Transfer for Want of Venue.
  13-17  (a)  If two or more courts have concurrent venue of a guardianship
  13-18  matter, the court in which an application for a guardianship
  13-19  proceeding is initially filed has and retains jurisdiction of the
  13-20  guardianship matter.  A proceeding is considered commenced by the
  13-21  filing of an application alleging facts sufficient to confer venue,
  13-22  and the proceeding initially legally commenced extends to all of
  13-23  the property of the guardianship estate.
  13-24        (b)  If a guardianship proceeding is commenced in more than
  13-25  one county, it shall be stayed except in the county in which it was
  13-26  initially commenced until final determination of proper venue is
  13-27  made by the court in the county in which it was initially
   14-1  commenced.
   14-2        (c)  If it appears to the court at any time before the
   14-3  guardianship is closed that the proceeding was commenced in a court
   14-4  that did not have venue over the proceeding, the court shall, on
   14-5  the application of any interested person, transfer the proceeding
   14-6  to the proper county.
   14-7        (d)  When a proceeding is transferred to another county under
   14-8  a provision of this chapter, all orders entered in connection with
   14-9  the proceeding shall be valid and shall be recognized in the court
  14-10  to which the guardianship was ordered transferred, if the orders
  14-11  were made and entered in conformance with the procedures prescribed
  14-12  by this code.
  14-13        Sec. 612.  APPLICATION FOR TRANSFER OF GUARDIANSHIP TO
  14-14  ANOTHER COUNTY.  When a guardian or any other person desires to
  14-15  remove the transaction of the business of the guardianship from one
  14-16  county to another, the person shall file a written application in
  14-17  the court in which the guardianship is pending stating the reason
  14-18  for moving the transaction of business.
  14-19        Sec. 613.  NOTICE.  (a)  On filing an application to remove a
  14-20  guardianship to another county, the sureties on the bond of the
  14-21  guardian shall be cited by personal service to appear and show
  14-22  cause why the application should not be granted.
  14-23        (b)  If an application is filed by a person other than the
  14-24  guardian, the guardian shall be cited by personal service to appear
  14-25  and show cause why the application should not be granted.
  14-26        Sec. 614.  COURT ACTION.  On hearing an application under
  14-27  Section 612 of this code, if good cause is not shown to deny the
   15-1  application and it appears that removal of the guardianship is in
   15-2  the best interests of the ward, the court shall enter an order
   15-3  authorizing the removal on payment on behalf of the estate of all
   15-4  accrued costs.
   15-5        Sec. 615.  TRANSCRIPT OF RECORD.  When an order of removal is
   15-6  made under Section 614 of this code, the clerk shall record any
   15-7  unrecorded papers of the guardianship required to be recorded and
   15-8  make out a complete certified transcript of all the orders,
   15-9  decrees, judgments, and proceedings in the guardianship.  On
  15-10  payment of the clerk's fees, the clerk shall transmit the
  15-11  transcript, with the original papers in the case, to the county
  15-12  clerk of the county to which the guardianship was ordered removed.
  15-13        Sec. 616.  REMOVAL EFFECTIVE.  The order removing a
  15-14  guardianship does not take effect until:
  15-15              (1)  the transcript required by Section 615 of this
  15-16  code is filed in the office of the county clerk of the county to
  15-17  which the guardianship was ordered removed; and
  15-18              (2)  a certificate under the clerk's official seal and
  15-19  reporting the filing of the transcript is filed in the court
  15-20  ordering the removal by the county clerk of the county to which the
  15-21  guardianship was ordered removed.
  15-22        Sec. 617.  CONTINUATION OF GUARDIANSHIP.  When a guardianship
  15-23  is removed from one county to another in accordance with this
  15-24  subpart, the guardianship proceeds in the court to which it was
  15-25  removed as if it had been originally commenced in that court.  It
  15-26  is not necessary to record in the receiving court any of the papers
  15-27  in the case that were recorded in the court from which the case was
   16-1  removed.
   16-2        Sec. 618.  NEW GUARDIAN APPOINTED ON REMOVAL.  If it appears
   16-3  to the court that removal of the guardianship is in the best
   16-4  interests of the ward, but that because of the removal it will be
   16-5  unduly expensive or unduly inconvenient to the estate for the
   16-6  guardian of the estate to continue to serve in that capacity, the
   16-7  court may in its order of removal revoke the letters of
   16-8  guardianship and appoint a new guardian, and the former guardian
   16-9  shall account for and deliver the estate as provided by this
  16-10  chapter in a case in which a guardian resigns.
  16-11                SUBPART C.  DUTIES AND RECORDS OF CLERK
  16-12        Sec. 621.  Application and Other Papers to be Filed With
  16-13  Clerk.  (a)  An application for a guardianship proceeding, a
  16-14  complaint, petition, or other paper permitted or required by law to
  16-15  be filed in the court in guardianship matters shall be filed with
  16-16  the county clerk of the proper county.
  16-17        (b)  The county clerk shall file the paper received under
  16-18  this section and endorse on each paper the date filed, the docket
  16-19  number, and the clerk's official signature.
  16-20        Sec. 622.  COSTS AND SECURITY.  (a)  The laws regulating
  16-21  costs in ordinary civil cases apply to a guardianship matter unless
  16-22  otherwise expressly provided by this chapter.
  16-23        (b)  When a person other than the guardian, attorney ad
  16-24  litem, or guardian ad litem files an application, complaint, or
  16-25  opposition in relation to a guardianship matter, the clerk may
  16-26  require the person to give security for the probable costs of the
  16-27  guardianship proceeding before filing.  A person interested in the
   17-1  guardianship or in the welfare of the ward, or an officer of the
   17-2  court, at any time before the trial of an application, complaint,
   17-3  or opposition in relation to a guardianship matter, may obtain from
   17-4  the court, on written motion, an order requiring the person who
   17-5  filed the application, complaint, or opposition to give security
   17-6  for the probable costs of the proceeding.  The rules governing
   17-7  civil suits in the county court relating to this subject control in
   17-8  these cases.
   17-9        (c)  No security for costs shall be required of a guardian,
  17-10  attorney ad litem, or guardian ad litem appointed under this
  17-11  chapter by a court of this state in any suit brought by the
  17-12  guardian, attorney ad litem, or guardian ad litem in their
  17-13  respective fiduciary capacities.
  17-14        Sec. 623.  JUDGE'S GUARDIANSHIP DOCKET.  (a)  The county
  17-15  clerk shall keep a record book to be styled "Judge's Guardianship
  17-16  Docket" and shall enter in the record book:
  17-17              (1)  the name of each person on whose person or estate
  17-18  a proceeding is had or is sought to be had;
  17-19              (2)  the name of the guardian of the estate or person
  17-20  or of the applicant for letters;
  17-21              (3)  the date the original application for a
  17-22  guardianship proceeding was filed;
  17-23              (4)  a minute, including the date, of each order,
  17-24  judgment, decree, and proceeding in each estate; and
  17-25              (5)  a number of each guardianship on the docket in the
  17-26  order in which a proceeding is commenced.
  17-27        (b)  Each paper filed in a guardianship proceeding shall be
   18-1  given the corresponding docket number of the estate.
   18-2        Sec. 624.  CLAIM DOCKET.  The county clerk shall keep a
   18-3  record book to be styled "Claim Docket" and shall enter in the
   18-4  claim docket all claims presented against a guardianship for court
   18-5  approval.  The claim docket shall be ruled in 16 columns at proper
   18-6  intervals from top to bottom, with a short note of the contents at
   18-7  the top of each column.  One or more pages shall be assigned to
   18-8  each guardianship.  The following information shall be entered in
   18-9  the respective columns beginning with the first or marginal
  18-10  column:  The names of claimants in the order in which their claims
  18-11  are filed; the amount of the claim; its date; the date of filing;
  18-12  when due; the date from which it bears interest; the rate of
  18-13  interest; when allowed by the guardian; the amount allowed; the
  18-14  date of rejection; when approved; the amount approved; when
  18-15  disapproved; the class to which the claim belongs; when established
  18-16  by judgment of a court; the amount of the judgment.
  18-17        Sec. 625.  GUARDIANSHIP MINUTES AND PAPERS TO BE RECORDED
  18-18  THEREIN.  The county clerk shall keep a record book styled
  18-19  "Guardianship Minutes" and shall enter in the guardianship minutes
  18-20  all orders in full, judgments, decrees, and proceedings of the
  18-21  court, in addition to all:
  18-22              (1)  applications for the granting of guardianship;
  18-23              (2)  citations and notices, whether published or
  18-24  posted, with the returns on the citations and notices;
  18-25              (3)  bonds and official oaths;
  18-26              (4)  inventories, appraisements, and lists of claims;
  18-27              (5)  exhibits and accounts;
   19-1              (6)  reports of hiring, renting, or sale;
   19-2              (7)  applications for sale or partition of real estate
   19-3  and reports of sale and of commissioners of partition;
   19-4              (8)  applications for authority to execute leases for
   19-5  mineral development, or for pooling or unitization of lands,
   19-6  royalty, or other interest in minerals, or to lend or invest money;
   19-7              (9)  reports of lending or investing money; and
   19-8              (10)  reports of guardians of the persons.
   19-9        Sec. 626.  GUARDIANSHIP FEE BOOK.  The county clerk shall
  19-10  keep a record book styled "Guardianship Fee Book" and shall enter
  19-11  in the guardianship fee book each item of costs that accrue to the
  19-12  officers of the court, with witness fees, if any, showing the:
  19-13              (1)  party to whom the costs or fees are due;
  19-14              (2)  date of the accrual of the costs or fees;
  19-15              (3)  guardianship or party liable for the costs or
  19-16  fees; and
  19-17              (4)  date on which the costs or fees are paid.
  19-18        Sec. 627.  INDEX.  The county clerk shall properly index each
  19-19  record book and keep it open for public inspection but may not
  19-20  release it from the clerk's custody.
  19-21        Sec. 628.  USE OF RECORDS AS EVIDENCE.  The record books
  19-22  described in other sections of this chapter, or certified copies of
  19-23  the record books are evidence in any court of this state.
  19-24        Sec. 629.  CALL OF THE DOCKETS.  The judge of the court in
  19-25  which a guardianship proceeding is pending, as the judge
  19-26  determines, shall call guardianship matters in their regular order
  19-27  on both the guardianship and claim dockets and shall make necessary
   20-1  orders.
   20-2        Sec. 630.  CLERK MAY SET HEARINGS.  If the county judge is
   20-3  absent from the county seat or is on vacation, disqualified, ill,
   20-4  or deceased and is unable to designate the time and place for
   20-5  hearing a guardianship matter pending in the judge's court, the
   20-6  county clerk of the county in which the matter is pending may
   20-7  designate the time and place for hearing, entering the setting on
   20-8  the judge's docket and certifying on the docket the reason that the
   20-9  judge is not acting to set the hearing.  If a qualified judge is
  20-10  not present for the hearing, after service of the notices and
  20-11  citations required by law with reference to the time and place of
  20-12  hearing has been perfected, the hearing is automatically continued
  20-13  from day to day until a qualified judge is present to hear and
  20-14  determine the matter.
  20-15        Sec. 631.  CLERK'S DUTIES.  (a)  If the proper venue is
  20-16  finally determined to be in another county, the clerk, after making
  20-17  and retaining a true copy of the entire file in the case, shall
  20-18  transmit the original file to the proper county, and a proceeding
  20-19  shall be held in the proper county in the same manner as if the
  20-20  proceeding had originally been instituted in the proper county.
  20-21        (b)  By transmitting to the proper court in the proper county
  20-22  for venue purposes the original file in the case, with certified
  20-23  copies of all entries in the minutes made in the file, an
  20-24  administration of the guardianship in the proper county for venue
  20-25  purposes shall be completed in the same manner as if the proceeding
  20-26  had originally been instituted in that county.
  20-27        (c)  The clerk of the court from which the proceeding is
   21-1  transferred shall transmit to the court to which the proceeding is
   21-2  transferred the original file in the proceeding and a certified
   21-3  copy of the entries in the minutes that relate to the proceeding.
   21-4                    SUBPART D.  SERVICE AND NOTICE
   21-5        Sec. 632.  ISSUANCE, CONTENTS, SERVICE, AND RETURN OF
   21-6  CITATION, NOTICES, AND WRITS IN GUARDIANSHIP MATTERS.  (a)  A
   21-7  person does not need to be cited or otherwise given notice in a
   21-8  guardianship matter except in situations in which this chapter
   21-9  expressly provides for citation or the giving of notice.  If this
  21-10  chapter does not expressly provide for citation or the issuance or
  21-11  return of notice in a guardianship matter, the court may require
  21-12  that notice be given.  If the court requires that notice be given,
  21-13  the court shall prescribe the form and manner of service and return
  21-14  of service.
  21-15        (b)  Unless a court order is required by a provision of this
  21-16  chapter, the county clerk shall issue without a court order
  21-17  necessary citations, writs, and process in guardianship matters and
  21-18  all notices not required to be issued by guardians.
  21-19        (c)  A citation and notice issued by the clerk shall be
  21-20  signed and sealed by the clerk and shall be styled "The State of
  21-21  Texas."  A notice required to be given by a guardian shall be in
  21-22  writing and signed by the guardian in the guardian's official
  21-23  capacity.  A citation or notice shall be dated and directed to the
  21-24  person that is being cited or notified and must state the style and
  21-25  number of the proceeding and the court in which the proceeding is
  21-26  pending and must describe generally the nature of the proceeding or
  21-27  matter to which the citation or notice relates.  A precept directed
   22-1  to an officer is not necessary.  A citation or notice must direct
   22-2  the person cited or notified to appear by filing a written contest
   22-3  or answer or perform other required acts.  A citation or notice
   22-4  must state when and where an appearance or performance by a person
   22-5  cited or notified is required.  A citation or notice is not
   22-6  defective because it contains a precept directed to an officer
   22-7  authorized to serve it.  A writ or other process other than a
   22-8  citation or notice shall be directed "To any sheriff or constable
   22-9  within the State of Texas" and may not be held defective because it
  22-10  is directed to the sheriff or any constable of a specific county if
  22-11  the writ or other process is properly served within the named
  22-12  county by an officer authorized to serve it.
  22-13        (d)  In all situations in which this chapter requires that
  22-14  notice be given or that a person be cited, and in which a specific
  22-15  method of giving the notice or citing the person, or a specific
  22-16  method of service and return of the citation or notice is not
  22-17  given, or an insufficient or inadequate provision appears with
  22-18  respect to any matter relating to citation or notice, or on request
  22-19  of an interested person, notice or citation shall be issued,
  22-20  served, and returned in the manner the court, by written order,
  22-21  directs in accordance with this chapter and the Texas Rules of
  22-22  Civil Procedure and has the same force and effect as if the manner
  22-23  of service and return had been specified in this chapter.
  22-24        (e)  Except in instances in which this chapter expressly
  22-25  provides for another method of service, a notice or citation
  22-26  required to be served on a guardian or receiver shall be served by
  22-27  the clerk that issues the citation or notice.  The clerk shall
   23-1  serve the citation or notice by sending the original citation or
   23-2  notice by registered or certified mail to the attorney of record
   23-3  for the guardian or receiver or to the guardian or receiver, if the
   23-4  guardian or receiver does not have an attorney of record.
   23-5        (f)(1)  In cases in which it is provided that personal
   23-6  service shall be had with respect to a citation or notice, the
   23-7  citation or notice must be served on the attorney of record for the
   23-8  person who is being cited or notified.  Notwithstanding the
   23-9  requirement of personal service, service may be made on the
  23-10  attorney by any method specified under this chapter for service on
  23-11  an attorney.  If there is no attorney of record in the proceeding
  23-12  for the person who is being cited or notified, or if an attempt to
  23-13  make service on the attorney was unsuccessful, a citation or notice
  23-14  directed to a person within this state must be served in person by
  23-15  the sheriff or constable on the person who is being cited or
  23-16  notified by delivering to the person a true copy of the citation or
  23-17  notice at least 10 days before the return day on the citation or
  23-18  notice, exclusive of the date of service.  If the person who is
  23-19  being cited or notified is absent from the state or is a
  23-20  nonresident, the citation or notice may be served by a
  23-21  disinterested person competent to make oath of the fact.  The
  23-22  citation or notice served by a disinterested person shall be
  23-23  returnable at least 10 days after the date of service, exclusive of
  23-24  the date of service.  The return of the person serving the citation
  23-25  or notice shall be endorsed on or attached to the citation or
  23-26  notice.  The return must show the time and place of service,
  23-27  certify that a true copy of the citation or notice was delivered to
   24-1  the person directed to be served, be subscribed and sworn to before
   24-2  an officer authorized by the laws of this state to take affidavits,
   24-3  under the hand and official seal of the officer, and returned to
   24-4  the county clerk who issued the citation or notice.  If the
   24-5  citation or notice is returned with the notation that the person
   24-6  sought to be served, whether or not within this state, cannot be
   24-7  found, the clerk shall issue a new citation or notice directed to
   24-8  the person sought to be served and service shall be by publication.
   24-9              (2)  When citation or notice is required to be posted,
  24-10  the sheriff or constable shall post the citation or notice at the
  24-11  courthouse door of the county in which the proceeding is pending,
  24-12  or at the place in or near the courthouse where public notices
  24-13  customarily are posted, for at least 10 days before the return day
  24-14  of the citation or notice, exclusive of the date of posting.  The
  24-15  clerk shall deliver the original and a copy of the citation or
  24-16  notice to the sheriff or a constable of the proper county, who
  24-17  shall post the copy as prescribed by this section and return the
  24-18  original to the clerk, stating in a written return of the copy the
  24-19  time when and the place where the sheriff or constable posted the
  24-20  copy.  The date of posting is the date of service.  When posting of
  24-21  notice by a guardian is authorized or required, the method
  24-22  prescribed by this section shall be followed.  The notice is to be
  24-23  issued in the name of the guardian, addressed and delivered to,
  24-24  posted and returned by, the proper officer, and filed with the
  24-25  clerk.
  24-26              (3)  When a person is to be cited or notified by
  24-27  publication, the citation or notice shall be published once in a
   25-1  newspaper of general circulation in the county in which the
   25-2  proceeding is pending, and the publication shall be not less than
   25-3  10 days before the return date of the citation or notice, exclusive
   25-4  of the date of publication.  The date of publication of the
   25-5  newspaper in which the citation or notice is published appears is
   25-6  the date of service.  If there is no newspaper of general
   25-7  circulation published or printed in the county in which citation or
   25-8  notice is to be had, service of the citation or notice shall be by
   25-9  posting.
  25-10              (4)(A)  When a citation or notice is required or
  25-11  permitted to be served by registered or certified mail, other than
  25-12  a notice required to be given by a guardian, the clerk shall issue
  25-13  the citation or notice and shall serve the citation or notice by
  25-14  sending the original citation or notice by registered or certified
  25-15  mail.  A guardian shall issue notice required to be given by the
  25-16  guardian by registered or certified mail, and the guardian shall
  25-17  serve the notice by sending the original notice by registered or
  25-18  certified mail.  The citation or notice shall be mailed return
  25-19  receipt requested with instructions to deliver to the addressee
  25-20  only.  The envelope containing the citation or notice shall be
  25-21  addressed to the attorney of record in the proceeding for the
  25-22  person who is being cited or notified, but if there is no attorney
  25-23  of record, or if the citation or notice is returned undelivered,
  25-24  the envelope containing the citation or notice shall be addressed
  25-25  to the person who is being cited or notified.  A copy of the
  25-26  citation or notice and the certificate of the clerk or guardian
  25-27  showing the fact and date of mailing shall be filed and recorded.
   26-1  If a receipt is returned, it shall be attached to the certificate.
   26-2                    (B)  When a citation or notice is required or
   26-3  permitted to be served by ordinary mail, the clerk or the guardian
   26-4  when required by statute or court order, shall serve the citation
   26-5  or notice by mailing the original to the person being cited or
   26-6  notified.  A copy of the citation or notice and a certificate of
   26-7  the person serving the citation or notice that shows the fact and
   26-8  time of mailing shall be filed and recorded.
   26-9                    (C)  When service is made by mail, the date of
  26-10  mailing is the date of service.  Service by mail must be made not
  26-11  less than 20 days before the return day of the citation or notice,
  26-12  exclusive of the date of service.
  26-13                    (D)  If a citation or notice served by mail is
  26-14  returned undelivered, a new citation or notice shall be issued, and
  26-15  the new citation or notice shall be served by posting.
  26-16        (g)  A citation or notice issued by the clerk and served by
  26-17  personal service, by mail, by posting, or by publication shall be
  26-18  returned to the court from which the citation or notice was issued
  26-19  on the first Monday after the service is perfected.
  26-20        (h)  In a guardianship matter in which citation or notice is
  26-21  required to be served by posting and issued in conformity with the
  26-22  applicable provision of this code, the citation or notice and the
  26-23  service of and return of the citation or notice is sufficient and
  26-24  valid if a sheriff or constable posts a copy of the citation or
  26-25  notice at the place or places prescribed by this chapter on a day
  26-26  that is sufficiently before the return day contained in the
  26-27  citation or notice for the period of time for which the citation or
   27-1  notice is required to be posted to elapse before the return day of
   27-2  the citation or notice.  The sufficiency or validity of the
   27-3  citation or notice or the service of or return of the service of
   27-4  the citation or notice is not affected by the fact that the sheriff
   27-5  or constable makes his return on the citation or notice and returns
   27-6  the citation or notice to the court before the period elapses for
   27-7  which the citation or notice is required to be posted, even though
   27-8  the return is made, and the citation or notice is returned to the
   27-9  court, on the same day it is issued.
  27-10        (i)  Proof of service by publication, posting, mailing, or
  27-11  otherwise in all cases requiring notice or citation shall be filed
  27-12  before a hearing.  Proof of service made by a sheriff or constable
  27-13  shall be made by the return of service.  Service made by a private
  27-14  person shall be proved by the person's affidavit.  Proof of service
  27-15  by publication shall be made by an affidavit of the publisher or of
  27-16  an employee of the publisher that shows the issue date of the
  27-17  newspaper that carried the notice or citation and that has attached
  27-18  to or embodied in the affidavit a copy of the notice or citation.
  27-19  Proof of service by mail shall be made by the certificate of the
  27-20  clerk, or the affidavit of the guardian or other person that makes
  27-21  the service that states the fact and time of mailing.  The return
  27-22  receipt must be attached to the certificate, if a receipt has been
  27-23  returned if service is made by registered or certified mail.
  27-24        (j)  At any time after an application is filed for the
  27-25  purpose of commencing a guardianship proceeding, a person
  27-26  interested in the estate or welfare of a ward or an incapacitated
  27-27  person may file with the clerk a written request that the person be
   28-1  notified of any or all specifically designated motions,
   28-2  applications, or pleadings filed by any person, or by a person
   28-3  specifically designated in the request.  The person who makes the
   28-4  request is responsible for the fees and costs associated with the
   28-5  documents specified in the request.  The clerk may require a
   28-6  deposit to cover the estimated costs of furnishing the person with
   28-7  the requested notice.  The clerk by ordinary mail shall send to the
   28-8  requesting person a copy of any document specified in the request.
   28-9  A proceeding is not invalid if the clerk fails to comply with the
  28-10  request under this subsection.
  28-11        Sec. 633.  NOTICE AND CITATION FOR APPLICATION OF
  28-12  GUARDIANSHIP.  (a)  On the filing of an application for
  28-13  guardianship, notice shall be issued and served as provided by this
  28-14  section.
  28-15        (b)  The court clerk shall issue a notice stating that the
  28-16  application for guardianship was filed, the name of the proposed
  28-17  ward, and the name of the applicant.  The notice must cite all
  28-18  persons interested in the welfare of the proposed ward to appear at
  28-19  the time and place stated in the notice if they wish to contest the
  28-20  application.
  28-21        (c)  A copy of the notice shall be posted, and the sheriff or
  28-22  other officer posting the notice shall return the original notice,
  28-23  officially signed and marked in writing with the time and place of
  28-24  posting.
  28-25        (d)  The sheriff or other officer posting the notice shall
  28-26  personally serve a copy of the notice, with citation to appear and
  28-27  answer the application for guardianship, to:
   29-1              (1)  the proposed ward, unless the proposed ward is a
   29-2  missing person, or a parent with whom the minor resides if the
   29-3  proposed ward is a minor who is 14 years of age or younger;
   29-4              (2)  the proposed ward's parents; and
   29-5              (3)  any conservator or person having control of the
   29-6  care and welfare of the proposed ward.
   29-7        (e)  The court clerk, at the applicant's request, or the
   29-8  applicant shall mail a copy of the notice by registered or
   29-9  certified mail, return receipt requested, to the following persons
  29-10  if their whereabouts are known or can be reasonably ascertained:
  29-11              (1)  to the spouse, the parents, all siblings, and all
  29-12  children of a proposed ward; and
  29-13              (2)  a person whom the applicant knows to hold a power
  29-14  of attorney signed by the proposed ward.
  29-15        (f)  A person other than the proposed ward who is entitled to
  29-16  receive notice or personal service of citation under Subsections
  29-17  (d) and (e) of this section may, in person or by attorney ad litem,
  29-18  by writing filed with the clerk, waive the receipt of notice or the
  29-19  issuance and personal service of citation.
  29-20        (g)  The court may not act on an application for the creation
  29-21  of a guardianship until the Monday following the expiration of the
  29-22  10-day period beginning the date service of notice and citation has
  29-23  been made as provided by this section.
  29-24        Sec. 634.  SERVICE ON ATTORNEY.  If an attorney has entered
  29-25  an appearance on record for a party in a guardianship proceeding, a
  29-26  citation or notice required to be served on the party shall be
  29-27  served on the attorney.  Service on the attorney of record is in
   30-1  lieu of service on the party for whom the attorney appears.  Except
   30-2  as provided by Section 633(f) of this code, an attorney ad litem
   30-3  may not waive personal service of citation.  A notice served on an
   30-4  attorney under this section may be served by registered or
   30-5  certified mail or by delivery to the attorney in person.  A party
   30-6  to the proceeding or the party's attorney of record, an appropriate
   30-7  sheriff or constable, or another person who is competent to testify
   30-8  may serve notice or citation to an attorney under this section.  A
   30-9  written statement by an attorney of record, the return of the
  30-10  officer, or the affidavit of a person that shows service is prima
  30-11  facie evidence of the fact of service.
  30-12        Sec. 635.  WAIVER OF NOTICE.  A competent person who is
  30-13  interested in a hearing in a guardianship proceeding, in person or
  30-14  by attorney, may waive in writing notice of the hearing.  A consul
  30-15  or other representative of a foreign government, whose appearance
  30-16  has been entered as provided by law on behalf of a person residing
  30-17  in a foreign country, may waive notice on behalf of the person.  A
  30-18  person who submits to the jurisdiction of the court in a hearing is
  30-19  deemed to have waived notice of the hearing.
  30-20        Sec. 636.  NOTICES TO VETERANS ADMINISTRATION BY GUARDIANS.
  30-21  When an annual or other account of funds, or an application for the
  30-22  expenditure of or investment of funds is filed by a guardian whose
  30-23  ward is a beneficiary of the Veterans Administration, or when a
  30-24  claim against the estate of a ward who is a beneficiary of the
  30-25  Veterans Administration is filed, the court shall set a date for
  30-26  the hearing of the account, application, petition, or claim to be
  30-27  held not less than 20 days from the date of the filing of the
   31-1  account, application, petition, or claim.  The clerk of the court
   31-2  in which the account, application, petition, or claim is filed
   31-3  shall give notice of the hearing to the office of Veterans
   31-4  Administration in whose territory the court is located of the
   31-5  hearing by mailing to the office a certified copy of the account,
   31-6  application, petition, or claim not less than 15 days before the
   31-7  hearing date.   An office of Veterans Administration, through its
   31-8  attorney, may waive the service of notice and the time within which
   31-9  a hearing may be had in those cases.  The account, application,
  31-10  petition, or claim shall be filed in duplicate, and the clerk of
  31-11  the court is entitled to a fee of 25 cents, taxable against the
  31-12  estate, for certifying the copy of the account, application,
  31-13  petition, or claim.  The clerk shall mail to the office of the
  31-14  Veterans Administration the certified copy.  If not filed in
  31-15  duplicate, the clerk shall be entitled to an additional fee of 15
  31-16  cents per 100 words for making a copy of the account, application,
  31-17  petition, or claim.  The additional copying costs shall be taxed
  31-18  and collected from the guardian and may not be charged to the
  31-19  ward's estate.
  31-20                 SUBPART E.  TRIAL AND HEARING MATTERS
  31-21        Sec. 641.  DEFECTS IN PLEADING.  A court may not invalidate a
  31-22  pleading in a guardianship matter or an order based on the pleading
  31-23  based on a defect of form or substance in the pleading, unless the
  31-24  defect has been timely objected to and called to the attention of
  31-25  the court in which the proceeding was or is pending.
  31-26        Sec. 642.  STANDING TO COMMENCE OR CONTEST PROCEEDING.  (a)
  31-27  Except as provided by Subsection (b) of this section, any person
   32-1  has the right to commence any guardianship proceeding or to appear
   32-2  and contest any guardianship proceeding or the appointment of a
   32-3  particular person as guardian.
   32-4        (b)  A person who has an interest that is adverse to a
   32-5  proposed ward or incapacitated person may not:
   32-6              (1)  file an application to create a guardianship for
   32-7  the proposed ward or incapacitated person;
   32-8              (2)  contest the creation of a guardianship for the
   32-9  proposed ward or incapacitated person; or
  32-10              (3)  contest the appointment of a person as a guardian
  32-11  of the person or estate, or both, of the proposed ward or
  32-12  incapacitated person.
  32-13        Sec. 643.  TRIAL BY JURY.  A party in a contested
  32-14  guardianship proceeding is entitled, on request, to a jury trial.
  32-15        Sec. 644.  HEARING BY SUBMISSION.  (a)  A court may consider
  32-16  by submission a motion or application filed under this chapter
  32-17  unless:
  32-18              (1)  the proceeding is contested;
  32-19              (2)  the motion or application is superseded by local
  32-20  rules; or
  32-21              (3)  the proceeding is an application for the
  32-22  appointment of a guardian.
  32-23        (b)  A motion or application that a court may consider under
  32-24  submission must be accompanied by a notice of the filing of the
  32-25  motion or application that contains the date the motion or
  32-26  application is to be submitted to the court.  The time for notice
  32-27  provided under this subsection may not be less than the time
   33-1  otherwise prescribed by law for notice of other motions or
   33-2  applications filed with the court.
   33-3        (c)  Without court approval, a motion or application that a
   33-4  court may consider under submission may not be submitted to the
   33-5  court before the 10th day after the date the motion or application
   33-6  was filed.
   33-7        (d)  A motion or application must be submitted to the court
   33-8  for a ruling on the date of submission that is contained in the
   33-9  notice of submission under Subsection (b) of this section or on a
  33-10  later date that is approved by the court.
  33-11        (e)  Without court approval, a response to a motion or
  33-12  application that a court may consider under submission must be in
  33-13  writing and must be filed before the second business day before the
  33-14  date of submission.
  33-15        (f)  On the date of submission or another date that is
  33-16  approved by the court, the court shall schedule a hearing for a
  33-17  motion or application that a court may consider under submission
  33-18  only if a response to the motion or application is filed by a
  33-19  person interested in the guardianship who:
  33-20              (1)  contests the relief sought in the motion or
  33-21  application;
  33-22              (2)  requests to be present at the hearing; or
  33-23              (3)  requests oral argument on the person's exceptions
  33-24  to the motion or application.
  33-25        (g)  The burden of proof at a hearing on a motion or
  33-26  application that is being considered by the court on submission is
  33-27  on the party who is seeking relief under the motion or application.
   34-1        (h)  The court may consider a person's failure to file a
   34-2  response to a motion or application that may be considered on
   34-3  submission as a representation that the person does not oppose the
   34-4  motion or application.
   34-5        (i)  A person's request for oral argument is not a response
   34-6  to a motion or application under this section.
   34-7        (j)  The court, on its own motion, may order oral argument on
   34-8  a motion or application that may be considered by submission.
   34-9        Sec. 645.  GUARDIANS AD LITEM.  (a)  The judge may appoint a
  34-10  guardian ad litem to represent the interests of an incapacitated
  34-11  person in a guardianship proceeding.
  34-12        (b)  A guardian ad litem is entitled to reasonable
  34-13  compensation for services in the amount set by the court to be
  34-14  taxed as costs in the proceeding.
  34-15        (c)  A guardian ad litem is an officer of the court.  The
  34-16  guardian ad litem shall protect the incapacitated person in a
  34-17  manner that will enable the court to determine what action will be
  34-18  in the best interests of the incapacitated person.
  34-19        (d)  If a guardian ad litem is appointed under Section 681(4)
  34-20  of this code, the fees and expenses of the guardian ad litem are
  34-21  costs of the litigation proceeding that made the appointment
  34-22  necessary.
  34-23        (e)  In the interest of judicial economy, the court may
  34-24  appoint as guardian ad litem under Section 681(4) of this code the
  34-25  person who has been appointed attorney ad litem under Section 646
  34-26  of this code or the person who is serving as an ad litem for the
  34-27  benefit of the ward in any other proceeding.
   35-1        Sec. 646.  APPOINTMENT OF ATTORNEY AD LITEM AND INTERPRETER.
   35-2  (a)  In a proceeding under this chapter for the appointment of a
   35-3  guardian for a person other than a missing person, the court shall
   35-4  appoint an attorney ad litem to represent the interests of the
   35-5  proposed ward.  The attorney shall be supplied with copies of all
   35-6  of the current records in the case and may have access to all of
   35-7  the proposed ward's relevant medical, psychological, and
   35-8  intellectual testing records.
   35-9        (b)  To be eligible for appointment as an attorney ad litem,
  35-10  a person must be certified by the State Bar of Texas as having
  35-11  successfully completed a course of study in guardianship law and
  35-12  procedure sponsored by the state bar.
  35-13        (c)  For certification under Subsection (b) of this section,
  35-14  the state bar may not require more than four hours of credit.
  35-15        (d)  A certificate issued under Subsection (b) of this
  35-16  section expires on the second anniversary of the date the
  35-17  certificate was issued.  A person whose certificate has expired
  35-18  must obtain a new certificate to be eligible for appointment as an
  35-19  attorney ad litem.  The applicant is not required to again complete
  35-20  the course of study required by Subsection (b) of this section
  35-21  unless the state bar determines that the course has changed
  35-22  substantially since the person last completed the course.
  35-23        (e)  Subsections (b)-(d) of this section do not apply to a
  35-24  person who served as attorney ad litem in a guardianship proceeding
  35-25  before September 1, 1993.
  35-26        (f)  At the time of the appointment of the attorney ad litem,
  35-27  the court shall also appoint a language interpreter or a sign
   36-1  interpreter if necessary to ensure effective communication between
   36-2  the proposed ward and the attorney.
   36-3        Sec. 647.  DUTIES OF ATTORNEY AD LITEM.  (a)  An attorney ad
   36-4  litem appointed under Section 646 of this code to represent a
   36-5  proposed ward shall, within a reasonable time before the hearing,
   36-6  interview the proposed ward.  To the greatest extent possible, the
   36-7  attorney shall discuss with the proposed ward the law and facts of
   36-8  the case, the proposed ward's legal options regarding disposition
   36-9  of the case, and the grounds on which guardianship is sought.
  36-10        (b)  Before the hearing, the attorney shall review the
  36-11  application for guardianship, certificates of current physical,
  36-12  medical, and intellectual examinations, and all of the proposed
  36-13  ward's relevant medical, psychological, and intellectual testing
  36-14  records.
  36-15        Sec. 648.  COURT VISITOR PROGRAM.  (a)  Each statutory
  36-16  probate court shall operate a court visitor program to assess the
  36-17  conditions of wards and proposed wards.  Another court that has
  36-18  jurisdiction over a guardianship proceeding may operate a court
  36-19  visitor program in accordance with the population needs and
  36-20  financial abilities of the jurisdiction.  A court that operates a
  36-21  court visitor program shall use persons willing to serve without
  36-22  compensation to the greatest extent possible.
  36-23        (b)  On request by any interested person, including a ward or
  36-24  proposed ward, or on its own motion, and at any time before the
  36-25  appointment of a guardian or during the pendency of a guardianship
  36-26  of the person or estate, a court may appoint a court visitor to
  36-27  evaluate the ward or proposed ward and provide a written report
   37-1  that substantially complies with Subsection (c) of this section.
   37-2        (c)  A court visitor's report must include:
   37-3              (1)  a description of the nature and degree of capacity
   37-4  and incapacity of the ward or proposed ward, including the medical
   37-5  history of the ward or proposed ward, if reasonably available and
   37-6  not waived by the court;
   37-7              (2)  a medical prognosis and a list of the treating
   37-8  physicians of the ward or proposed ward, when appropriate;
   37-9              (3)  a description of the living conditions and
  37-10  circumstances of the ward or proposed ward;
  37-11              (4)  a description of the social, intellectual,
  37-12  physical, and educational condition of the ward or proposed ward;
  37-13              (5)  a statement that the court visitor has personally
  37-14  visited or observed the ward or proposed ward;
  37-15              (6)  a statement of the date of the most recent visit
  37-16  by the guardian, if one has been appointed;
  37-17              (7)  a recommendation as to any modifications needed in
  37-18  the guardianship or proposed guardianship, including removal or
  37-19  denial of the guardianship; and
  37-20              (8)  any other information required by the court.
  37-21        (d)  The court visitor shall file the report not later than
  37-22  the 14th day after the date of the evaluation conducted by the
  37-23  court visitor, and the court visitor making the report must swear,
  37-24  under penalty of perjury, to its accuracy to the best of the court
  37-25  visitor's knowledge and belief.
  37-26        (e)  A court visitor who has not expressed a willingness to
  37-27  serve without compensation is entitled to reasonable compensation
   38-1  for services in an amount set by the court and to be taxed as costs
   38-2  in the proceeding.
   38-3        Sec. 649.  EVIDENCE.  In a guardianship proceeding, the rules
   38-4  relating to witnesses and evidence that govern in the district
   38-5  court apply as far as practicable.  If there is no opposing party
   38-6  or attorney of record on whom to serve notice and copies of
   38-7  interrogatories, service may be had by posting notice of the
   38-8  intention to take depositions for a period of 10 days as provided
   38-9  by this chapter in the provisions governing a posting of notice.
  38-10  When notice by posting under this section is filed with the clerk,
  38-11  a copy of the interrogatories shall also be filed.  At the
  38-12  expiration of the 10-day period, commission may issue for taking
  38-13  the depositions and the judge may file cross-interrogatories if no
  38-14  person appears.
  38-15        Sec. 650.  DECREES AND SIGNING OF MINUTES.  A decision,
  38-16  order, decree, or judgment of the court in a guardianship matter
  38-17  must be rendered in open court, except in a case in which it is
  38-18  otherwise expressly provided.  The judge shall approve and sign the
  38-19  guardianship minutes on the first day of each month.  If the first
  38-20  day of the month falls on a Saturday, Sunday, or legal holiday, the
  38-21  judge's approval shall be entered on the preceding or succeeding
  38-22  day.
  38-23        Sec. 651.  ENFORCEMENT OF ORDERS.  The judge may enforce
  38-24  obedience to an order entered against a guardian by attachment and
  38-25  imprisonment.  An imprisonment of a guardian may not exceed three
  38-26  days for any one offense, unless expressly provided otherwise in
  38-27  this chapter.
   39-1                    SUBPART F.  POST-TRIAL MATTERS
   39-2        Sec. 653.  EXECUTION.  An execution in a guardianship matter
   39-3  shall be directed "To any sheriff or any constable within the State
   39-4  of Texas," made returnable in 60 days, and attested and signed by
   39-5  the clerk officially under the seal of the court.  A proceeding
   39-6  under an execution in a guardianship matter is governed so far as
   39-7  applicable by the laws regulating a proceeding under an execution
   39-8  issued from the district court.  An execution directed to the
   39-9  sheriff or a constable of a specific county in this state may not
  39-10  be held defective if the execution was properly executed within the
  39-11  county by the officer to whom the direction for execution was
  39-12  given.
  39-13        Sec. 654.  ATTACHMENT FOR PROPERTY.  When a complaint in
  39-14  writing and under oath that the guardian is about to remove the
  39-15  estate or any part of the estate beyond the limits of the state is
  39-16  made to the judge by a person interested in the estate of a minor
  39-17  or other incapacitated person, the judge may order a writ to issue,
  39-18  directed "To any sheriff or any constable within the State of
  39-19  Texas," commanding the sheriff or constable to seize the estate or
  39-20  any part of the estate and to hold the estate subject to further
  39-21  court order.  The judge may not issue a writ unless the complainant
  39-22  gives a bond, in the sum the judge requires, payable to the
  39-23  guardian of the estate and conditioned on payment of all damages
  39-24  and costs that shall be recovered for a wrongful suit out of the
  39-25  writ.  A  writ of attachment directed to the sheriff or a constable
  39-26  of a specific county in this state is not defective if the writ was
  39-27  properly executed within the county by the officer to whom the
   40-1  direction to seize the estate was given.
   40-2        Sec. 655.  GUARDIAN TO SERVE PENDING APPEAL OF APPOINTMENT.
   40-3  Pending an appeal from an order or judgment appointing a guardian,
   40-4  an appointee shall continue to act as guardian and shall continue
   40-5  the prosecution of a pending suit in favor of the guardianship.
   40-6        Sec. 656.  APPEAL BOND OF GUARDIAN.  When a guardian appeals,
   40-7  a bond is not required, unless the appeal personally concerns the
   40-8  guardian, in which case the guardian must give the bond.
   40-9        Sec. 657.  BILL OF REVIEW.  A person interested, including a
  40-10  ward, by bill of review filed in the court in which a guardianship
  40-11  proceeding took place, may have a decision, order, or judgment
  40-12  rendered by the court, revised and corrected if an error is shown
  40-13  on the decision, order, or judgment.  A process or action under the
  40-14  decision, order, or judgment is not stayed except by writ of
  40-15  injunction.  A bill of review may not be filed after two years have
  40-16  elapsed from the date of the decision, order, or judgment.  A
  40-17  person with a disability has two years after the removal of the
  40-18  person's respective disability to apply for a bill of review.
  40-19                 SUBPART G.  LETTERS OF GUARDIANSHIP
  40-20        Sec. 659.  ISSUANCE OF LETTERS OF GUARDIANSHIP.  (a)  When a
  40-21  person who is appointed guardian has qualified by taking the oath
  40-22  and giving any bond required by law, the clerk shall issue to the
  40-23  guardian a certificate under seal, stating the fact of the
  40-24  appointment, of the qualification, and the date of the appointment
  40-25  and qualification.  The certificate issued by the clerk constitutes
  40-26  letters of guardianship.  The order of the court appointing the
  40-27  guardian is effective on the issuance of letters of guardianship.
   41-1  The order is evidence of the authority of the guardian to act
   41-2  within the scope of the powers and duties set forth in the order.
   41-3        (b)  Letters of guardianship expire one year and 120 days
   41-4  after the date of issuance unless renewed.
   41-5        (c)  The clerk shall renew letters of guardianship on the
   41-6  receipt and approval by the court of the guardian's annual
   41-7  accounting.  If the guardian's annual accounting is disapproved,
   41-8  the clerk may not issue further letters of guardianship to that
   41-9  guardian relating to the ward or the ward's estate unless ordered
  41-10  by the court.
  41-11        Sec. 660.  LETTERS OR CERTIFICATE MADE EVIDENCE.  Letters of
  41-12  guardianship or a certificate under seal of the clerk of the court
  41-13  that granted the letters issued under Section 659 of this code is
  41-14  sufficient evidence of the appointment and qualification of the
  41-15  guardian and of the date of qualification.
  41-16        Sec. 661.  ISSUANCE OF NEW LETTERS.  When letters of
  41-17  guardianship have been destroyed or lost, the clerk shall issue new
  41-18  letters that have the same force and effect as the original
  41-19  letters.  The clerk shall also issue any number of letters on
  41-20  request of the person who holds the letters.
  41-21        Sec. 662.  RIGHTS OF THIRD PERSONS DEALING WITH GUARDIAN.
  41-22  When a guardian who has qualified performs any act as guardian that
  41-23  is in conformity with the guardian's authority and the law, the
  41-24  guardian's act continues to be valid for all intents and purposes
  41-25  in regard to the rights of an innocent purchaser of the property of
  41-26  the guardianship estate who purchased the property from the
  41-27  guardian for a valuable consideration, in good faith, and without
   42-1  notice of any illegality in the title to the property, even if the
   42-2  guardian's act or the authority under which the act was performed
   42-3  may later be set aside, annulled, or declared invalid.
   42-4        Sec. 663.  VALIDATION OF CERTAIN LETTERS OF GUARDIANSHIP.
   42-5  All presently existing letters of guardianship issued to a
   42-6  nonresident guardian, with or without the procedure provided in
   42-7  this subpart, in whole or in part, and with or without a notice or
   42-8  citation required of resident guardians, are validated as of each
   42-9  letter's date, insofar as the absence of the procedure, notice, or
  42-10  citations is concerned.  An otherwise valid conveyance, mineral
  42-11  lease, or other act of a nonresident guardian qualified and acting
  42-12  in connection with the letters of guardianship under supporting
  42-13  orders of a county or probate court of this state are validated.
  42-14  This section does not apply to any letters, conveyance, lease, or
  42-15  other act of a nonresident guardian under this section if the
  42-16  absence of the procedure, notice, or citation involving the
  42-17  letters, conveyance, lease, or other act of the nonresident
  42-18  guardian is an issue in a lawsuit pending in this state on
  42-19  September 1, 1993.
  42-20          SUBPART H.  COMPENSATION, EXPENSES, AND COURT COSTS
  42-21        Sec. 665.  COMPENSATION OF GUARDIAN.  (a)  The court may
  42-22  authorize compensation for a guardian serving as guardian of the
  42-23  person alone from available funds of the ward's estate.  The court
  42-24  shall set the compensation in an amount not exceeding five percent
  42-25  of the ward's income.  In determining whether to authorize
  42-26  compensation for a guardian under this section, the court shall
  42-27  consider the ward's monthly income from all sources and whether the
   43-1  ward receives medical assistance under Chapter 32, Human Resources
   43-2  Code.
   43-3        (b)  The guardian of the estate is entitled to a fee of five
   43-4  percent of the gross income of the ward's estate and five percent
   43-5  of all money paid out of the estate on a court finding that the
   43-6  guardian has taken care of and managed the estate in compliance
   43-7  with the standards of this chapter.  In this section, the term
   43-8  "money paid out" does not include any money loaned, invested, or
   43-9  paid over on the settlement of the guardianship.  If the fee is an
  43-10  unreasonably low amount, the court may authorize reasonable
  43-11  compensation to a guardian for services as guardian of the estate.
  43-12  The court, on application of an interested person or on its own
  43-13  motion, may deny a fee authorized under this section in whole, or
  43-14  in part, if:
  43-15              (1)  the court finds that the guardian has not
  43-16  adequately performed the duties required of the guardian under this
  43-17  chapter; or
  43-18              (2)  the guardian has been removed for cause.
  43-19        Sec. 666.  EXPENSES ALLOWED.  A guardian is entitled to be
  43-20  reimbursed from the guardianship estate for all necessary and
  43-21  reasonable expenses incurred in performing any duty as a guardian.
  43-22        Sec. 667.  EXPENSE ACCOUNT.  All expense charges shall be:
  43-23              (1)  in writing, showing specifically each item of
  43-24  expense and the date of the expense;
  43-25              (2)  verified by affidavit of the guardian;
  43-26              (3)  filed with the clerk and entered on the claim
  43-27  docket; and
   44-1              (4)  acted on by the court in the same manner as other
   44-2  claims against the guardianship estate.
   44-3        Sec. 668.  COSTS ADJUDGED AGAINST GUARDIAN.  When costs are
   44-4  incurred because a guardian neglects to perform a required duty or
   44-5  if a guardian is removed for cause, the guardian and the sureties
   44-6  on the guardian's bond are liable for:
   44-7              (1)  costs of removal and other additional costs
   44-8  incurred that are not authorized expenditures under this chapter;
   44-9  and
  44-10              (2)  reasonable attorney's fees incurred in removing
  44-11  the guardian or in obtaining compliance regarding any statutory
  44-12  duty the guardian has neglected.
  44-13        Sec. 669.  COSTS AGAINST GUARDIANSHIP.  In a guardianship
  44-14  matter, the cost of the proceeding, including the cost of the
  44-15  guardian ad litem or court visitor, shall be paid out of the
  44-16  guardianship estate, or, if the estate is insufficient to pay for
  44-17  the cost of the proceeding, the cost of the proceeding shall be
  44-18  paid out of the county treasury, and the judgment of the court
  44-19  shall be issued accordingly.
  44-20             SUBPART I.  DUTY AND RESPONSIBILITY OF COURT
  44-21        Sec. 671.  JUDGE'S DUTY.  (a)  The court shall use reasonable
  44-22  diligence to determine whether a guardian is performing all of the
  44-23  duties required of the guardian that pertain to the guardian's
  44-24  ward.
  44-25        (b)  The judge, at least annually, shall examine the
  44-26  well-being of each ward of the court and the solvency of the bonds
  44-27  of the guardians of the estates.
   45-1        (c)  If after examining the solvency of a guardian's bond
   45-2  under this section a judge determines that the guardian's bond is
   45-3  not sufficient to protect the ward or the ward's estate, the judge
   45-4  shall require the guardian to execute a new bond.
   45-5        (d)  The judge shall notify the guardian and the sureties on
   45-6  the bond as provided by law.  If damage or loss results to a
   45-7  guardianship or ward because of gross neglect of the judge to use
   45-8  reasonable diligence in the performance of the judge's duty under
   45-9  this section, the judge shall be liable on the judge's bond to
  45-10  those damaged by the judge's neglect.
  45-11        Sec. 672.  ANNUAL DETERMINATION AS TO WHETHER GUARDIANSHIP
  45-12  SHOULD BE CONTINUED, MODIFIED, OR TERMINATED.  (a)  A court in
  45-13  which a guardianship proceeding is pending shall review annually a
  45-14  guardianship that does not give a guardian full authority over an
  45-15  incapacitated person to determine whether the guardianship should
  45-16  be continued, modified, or terminated.
  45-17        (b)  In reviewing a guardianship as provided by Subsection
  45-18  (a) of this section, a statutory probate court shall:
  45-19              (1)  review a report prepared by a court visitor under
  45-20  Section 648 of this code; or
  45-21              (2)  conduct a hearing if necessary.
  45-22        (c)  In reviewing a guardianship as provided by Subsection
  45-23  (a) of this section, a court that is not a statutory probate court
  45-24  may use any appropriate method determined by the court according to
  45-25  the court's caseload and the resources available to the court.
  45-26        (d)  A determination under this section must be in writing
  45-27  and filed with the clerk.
   46-1         SUBPART J.  LIABILITY OF GUARDIAN FOR CONDUCT OF WARD
   46-2        Sec. 673.  LIABILITY.  A person is not liable to a third
   46-3  person solely because the person has been appointed guardian of a
   46-4  ward under this chapter.
   46-5                       PART 3.  APPOINTMENT AND
   46-6                           QUALIFICATION OF
   46-7                               GUARDIANS
   46-8                        SUBPART A.  APPOINTMENT
   46-9        Sec. 675.  RIGHTS AND POWERS RETAINED BY WARD.  An
  46-10  incapacitated person for whom a guardian is appointed retains all
  46-11  legal and civil rights and powers except those designated by court
  46-12  order as legal disabilities by virtue of having been specifically
  46-13  granted to the guardian.
  46-14        Sec. 676.  GUARDIANS OF MINORS.  (a)  Except as provided by
  46-15  Section 680 of this code, the selection of a guardian for a minor
  46-16  is governed by this section.
  46-17        (b)  If the parents live together, both parents are the
  46-18  natural guardians of the person of the minor children by the
  46-19  marriage, and one of the parents is entitled to be appointed
  46-20  guardian of the children's estates.  If the parents disagree as to
  46-21  which parent should be appointed, the court shall make the
  46-22  appointment on the basis of which parent is better qualified to
  46-23  serve in that capacity.  If one parent is dead, the survivor is the
  46-24  natural guardian of the person of the minor children and is
  46-25  entitled to be appointed guardian of their estates.  The rights of
  46-26  parents who do not live together are equal, and the guardianship of
  46-27  their minor children shall be assigned to one or the other,
   47-1  considering only the best interests of the children.
   47-2        (c)  In appointing a guardian for a minor orphan:
   47-3              (1)  if the last surviving parent did not appoint a
   47-4  guardian, the nearest ascendant in the direct line of the minor is
   47-5  entitled to guardianship of both the person and the estate of the
   47-6  minor;
   47-7              (2)  if more than one ascendant exists in the same
   47-8  degree in the direct line, one ascendant shall be appointed,
   47-9  according to circumstances and considering the best interests of
  47-10  the minor;
  47-11              (3)  if the minor has no ascendant in the direct line,
  47-12  the nearest of kin shall be appointed, and if there are two or more
  47-13  persons in the same degree of kinship, one shall be appointed,
  47-14  according to circumstances and considering the best interests of
  47-15  the minor; and
  47-16              (4)  if no relative of the minor is eligible to be
  47-17  guardian, or if no eligible person applies to be guardian, the
  47-18  court shall appoint a qualified person as guardian.
  47-19        (d)  The surviving parent of a minor may by will or written
  47-20  declaration appoint any eligible person to be guardian of the
  47-21  person of the parent's minor children after the death of the
  47-22  parent.  On compliance with this code, an eligible person is also
  47-23  entitled to be appointed guardian of the children's estates after
  47-24  the death of the parent.
  47-25        Sec. 677.  GUARDIANS OF PERSONS OTHER THAN MINORS.  The court
  47-26  shall appoint a guardian for a person other than a minor according
  47-27  to the circumstances and considering the best interests of the
   48-1  ward.  If the court finds that two or more eligible persons are
   48-2  equally entitled to be appointed guardian:
   48-3              (1)  the ward's spouse is entitled to the guardianship
   48-4  in preference to any other person if the spouse is one of the
   48-5  eligible persons;
   48-6              (2)  the eligible person nearest of kin to the ward is
   48-7  entitled to the guardianship if the ward's spouse is not one of the
   48-8  eligible persons; or
   48-9              (3)  the court shall appoint the eligible person who is
  48-10  best qualified to serve as guardian if:
  48-11                    (A)  the persons entitled to serve under
  48-12  Subdivisions (1) and (2) of this section refuse to serve;
  48-13                    (B)  two or more persons entitled to serve under
  48-14  Subdivision (2) of this section are related in the same degree of
  48-15  kinship to the ward; or
  48-16                    (C)  neither the ward's spouse or any person
  48-17  related to the ward is an eligible person.
  48-18        Sec. 678.  PRESUMPTION CONCERNING BEST INTEREST.  It is
  48-19  presumed not to be in the best interests of a ward to appoint a
  48-20  person as guardian of the ward if the person has been finally
  48-21  convicted of any sexual offense, sexual assault, aggravated
  48-22  assault, aggravated sexual assault, injury to a child, abandoning
  48-23  or endangering a child, or incest.
  48-24        Sec. 679.  DESIGNATION OF GUARDIAN BEFORE NEED ARISES.  (a)
  48-25  A person other than an incapacitated person may designate by a
  48-26  written declaration persons to serve as guardian of the person of
  48-27  the declarant or the estate of the declarant if the declarant
   49-1  becomes incapacitated.  The declaration must be attested to by at
   49-2  least two credible witnesses 14 years of age or older who are not
   49-3  named as guardian or alternate guardian in the declaration.
   49-4        (b)  A declarant may, in the declaration, disqualify named
   49-5  persons from serving as guardian of the declarant's person or
   49-6  estate, and the persons named may not be appointed guardian under
   49-7  any circumstances.
   49-8        (c)  The declaration must have attached a self-proving
   49-9  affidavit signed by the declarant and the witnesses attesting to
  49-10  the competence of the declarant and the execution of the
  49-11  declaration.  A properly executed and witnessed declaration and
  49-12  affidavit are prima facie evidence that the declarant was competent
  49-13  at the time the declarant executed the declaration and that the
  49-14  guardian named in the declaration would serve the best interests of
  49-15  the ward.
  49-16        (d)  The declaration and affidavit may be filed with the
  49-17  court at any time after the application for appointment of a
  49-18  guardian is filed and before a guardian is appointed.  Unless the
  49-19  court finds that the person designated in the declaration to serve
  49-20  as guardian is disqualified or would not serve the best interests
  49-21  of the ward, the court shall appoint the person as guardian in
  49-22  preference to those otherwise entitled to serve as guardian under
  49-23  this code.  If the designated guardian does not qualify, is dead,
  49-24  refuses to serve, resigns, or dies after being appointed guardian,
  49-25  or is otherwise unavailable to serve as guardian, the court shall
  49-26  appoint the next eligible designated alternate guardian named in
  49-27  the declaration.  If the guardian and all alternate guardians do
   50-1  not qualify, are dead, refuse to serve, or later die or resign, the
   50-2  court shall appoint another person to serve as otherwise provided
   50-3  by this code.
   50-4        (e)  The declarant may revoke a declaration in any manner
   50-5  provided for the revocation of a will under Section 63 of this
   50-6  code, including the subsequent reexecution of the declaration in
   50-7  the manner required for the original declaration.
   50-8        (f)  If a declarant designates the declarant's spouse to
   50-9  serve as guardian under this section, and the declarant is
  50-10  subsequently divorced from that spouse before a guardian is
  50-11  appointed, the provision of the declaration designating the spouse
  50-12  has no effect.
  50-13        (g)  A declaration and affidavit may be in any form adequate
  50-14  to clearly indicate the declarant's intention to designate a
  50-15  guardian.  The following forms may, but need not, be used:
  50-16                DECLARATION OF GUARDIAN IN THE EVENT OF
  50-17                 LATER INCAPACITY OR NEED OF GUARDIAN
  50-18        I, _____________, make this Declaration of Guardian, to
  50-19  operate if the need for a guardian for me later arises.
  50-20        1.  I designate ____________ to serve as guardian of my
  50-21  person, ____________ as first alternate guardian of my person,
  50-22  ________________ as second alternate guardian of my person, and
  50-23  ____________ as third alternate guardian of my person.
  50-24        2.  I designate ____________ to serve as guardian of my
  50-25  estate, ____________ as first alternate guardian of my estate,
  50-26  ____________ as second alternate guardian of my estate, and
  50-27  ____________ as third alternate guardian of my estate.
   51-1        3.  If any guardian or alternate guardian dies, does not
   51-2  qualify, or resigns, the next named alternate guardian becomes my
   51-3  guardian.
   51-4        4.  I expressly disqualify the following persons from serving
   51-5  as  guardian  of  my   person:  ____________,   ____________,   and
   51-6  ____________.
   51-7        5.  I expressly disqualify the following persons from serving
   51-8  as guardian of my estate:  ____________, ____________, and
   51-9  ____________.
  51-10        Signed this ____ day of __________, 19__.
  51-11  ___________________
  51-12  Declarant
  51-13  ___________________                             ___________________
  51-14  Witness                                         Witness
  51-15                        SELF-PROVING AFFIDAVIT
  51-16        Before me, the undersigned authority, on this date personally
  51-17  appeared the declarant, and ____________ and ____________ as
  51-18  witnesses, and all being duly sworn, the declarant said that the
  51-19  above instrument was his or her Declaration of Guardian and that
  51-20  the declarant had made and executed it for the purposes expressed
  51-21  in the declaration.  The witnesses declared to me that they are
  51-22  each 14 years of age or older, that they saw the declarant sign the
  51-23  declaration, that they signed the declaration as witnesses, and
  51-24  that the declarant appeared to them to be of sound mind.
  51-25  ___________________
  51-26  Declarant
  51-27  ___________________                            ____________________
   52-1  Affiant                                        Affiant
   52-2        Subscribed and sworn to before me by the above named
   52-3  declarant and affiants on this ____ day of __________, 19__.
   52-4                                             ________________________
   52-5                                             Notary Public in and for
   52-6                                             the State of Texas
   52-7                                             My Commission expires:
   52-8                                             ________________________
   52-9        Sec. 680.  SELECTION OF GUARDIAN BY MINOR.  (a)  When an
  52-10  application is filed for the guardianship of the person or estate,
  52-11  or both, of a minor at least 14 years of age, the minor, by writing
  52-12  filed with the clerk, may choose the guardian if the court approves
  52-13  the choice and finds that the choice is in the best interest of the
  52-14  minor.
  52-15        (b)  A minor at least 14 years of age may select another
  52-16  guardian of either the minor's person or estate, or both, if the
  52-17  minor has a guardian appointed by the court or the minor has a
  52-18  guardian appointed by will or written declaration of the parent of
  52-19  the minor and that guardian dies, resigns, or is removed from
  52-20  guardianship.  If the court is satisfied that the person selected
  52-21  is suitable and competent and that the appointment of the person is
  52-22  in the best interest of the minor, it shall make the appointment
  52-23  and revoke the letters of guardianship of the former guardian.  The
  52-24  minor shall make the selection by filing an application in open
  52-25  court in person or by attorney.
  52-26        Sec. 681.  PERSONS INELIGIBLE TO BE GUARDIANS.  A person may
  52-27  not be appointed guardian if the person is:
   53-1              (1)  a minor;
   53-2              (2)  a person whose conduct is notoriously bad;
   53-3              (3)  an incapacitated person;
   53-4              (4)  a person who is a party or whose parent is a party
   53-5  to a lawsuit concerning or affecting the welfare of the proposed
   53-6  ward, unless the court:
   53-7                    (A)  determines that the lawsuit claim of the
   53-8  person who has applied to be appointed guardian is not in conflict
   53-9  with the lawsuit claim of the proposed ward; or
  53-10                    (B)  appoints a guardian ad litem to represent
  53-11  the interests of the proposed ward throughout the litigation of the
  53-12  ward's lawsuit claim;
  53-13              (5)  a person indebted to the proposed ward unless the
  53-14  person pays the debt before appointment;
  53-15              (6)  a person asserting a claim adverse to the proposed
  53-16  ward or the proposed ward's property, real or personal;
  53-17              (7)  a person who, because of inexperience, lack of
  53-18  education, or other good reason, is incapable of properly and
  53-19  prudently managing and controlling the ward or the ward's estate;
  53-20              (8)  a person, institution, or corporation found
  53-21  unsuitable by the court;
  53-22              (9)  a person disqualified in a declaration made under
  53-23  Section 679 of this code; or
  53-24              (10)  a nonresident person who has not filed with the
  53-25  court the name of a resident agent to accept service of process in
  53-26  all actions or proceedings relating to the guardianship.
  53-27        Sec. 682.  APPLICATION; CONTENTS.  Any person may commence a
   54-1  proceeding for the appointment of a guardian by filing a written
   54-2  application in a court having jurisdiction and venue.  The
   54-3  application must be sworn to by the applicant and state:
   54-4              (1)  the name, sex, date of birth, and address of the
   54-5  proposed ward;
   54-6              (2)  the name, relationship, and address of the person
   54-7  the applicant desires to have appointed as guardian;
   54-8              (3)  the social security number of the proposed ward
   54-9  and of the person the applicant desires to have appointed as
  54-10  guardian;
  54-11              (4)  whether guardianship of the person or estate, or
  54-12  both, is sought;
  54-13              (5)  the nature and degree of the alleged incapacity,
  54-14  the specific areas of protection and assistance requested, and the
  54-15  limitation of rights requested to be included in the court's order
  54-16  of appointment;
  54-17              (6)  the facts requiring that a guardian be appointed
  54-18  and the interest of the applicant in the appointment;
  54-19              (7)  the nature and description of any guardianship of
  54-20  any kind existing for the proposed ward in this or any other state;
  54-21              (8)  the name and address of any person or institution
  54-22  having the care and custody of the proposed ward;
  54-23              (9)  the approximate value and description of the
  54-24  proposed ward's property, including any compensation, pension,
  54-25  insurance, or allowance to which the proposed ward may be entitled;
  54-26              (10)  the requested term, if known, of the
  54-27  guardianship;
   55-1              (11)  the name and address of any person whom the
   55-2  applicant knows to hold a power of attorney signed by the proposed
   55-3  ward and a description of the type of power of attorney;
   55-4              (12)  if the proposed ward is a minor, the names of the
   55-5  parents and next of kin of the proposed ward and whether either or
   55-6  both of the parents are deceased;
   55-7              (13)  if the proposed ward is a minor, whether the
   55-8  minor was the subject of a legal or conservatorship proceeding
   55-9  within the preceding two-year period and, if so, the court
  55-10  involved, the nature of the proceeding, and the final disposition,
  55-11  if any, of the proceeding;
  55-12              (14)  if the proposed ward is 60 years of age or older,
  55-13  the names and addresses, to the best of the applicant's knowledge,
  55-14  of the proposed ward's spouse, siblings, and children, or, if there
  55-15  is no spouse, sibling, or child, the names and addresses of the
  55-16  proposed ward's next of kin;
  55-17              (15)  if the proposed ward is a missing person:
  55-18                    (A)  the last known residence of the missing
  55-19  person;
  55-20                    (B)  the name of the executive department of the
  55-21  United States reporting the proposed ward as a missing person, the
  55-22  date of the report, and the last known whereabouts of the missing
  55-23  person; and
  55-24                    (C)  the names and addresses of the missing
  55-25  person's spouse, children, and parents, or, if there is no spouse,
  55-26  child, or parent, the names and addresses of the missing person's
  55-27  next of kin;
   56-1              (16)  facts showing that the court has venue over the
   56-2  proceeding; and
   56-3              (17)  if applicable, that the person whom the applicant
   56-4  desires to have appointed as a guardian is a private professional
   56-5  guardian who has complied with the requirements of Section 697 of
   56-6  this code.
   56-7        Sec. 683.  COURT'S INITIATION OF GUARDIANSHIP PROCEEDINGS.
   56-8  If a court has probable cause to believe that a person domiciled or
   56-9  found in the county in which the court is located is an
  56-10  incapacitated person, and the person does not have a guardian in
  56-11  this state, the court shall appoint a guardian ad litem or court
  56-12  investigator to investigate and file an application for the
  56-13  appointment of a guardian of the person or estate, or both, of the
  56-14  person believed to be incapacitated.
  56-15        Sec. 684.  FINDINGS REQUIRED.  (a)  Before appointing a
  56-16  guardian, the court must find by clear and convincing evidence
  56-17  that:
  56-18              (1)  the proposed ward is an incapacitated person;
  56-19              (2)  the court has venue of the case;
  56-20              (3)  the person to be appointed guardian is eligible to
  56-21  act as guardian and is entitled to appointment, or, if no eligible
  56-22  person entitled to appointment applies, the person appointed is a
  56-23  proper person to act as guardian;
  56-24              (4)  the rights of persons or property will be
  56-25  protected by the appointment of a guardian;
  56-26              (5)  if a guardian is appointed for a minor, the
  56-27  guardianship is not created for the primary purpose of enabling the
   57-1  minor to establish residency for enrollment in a school or school
   57-2  district for which the minor is not otherwise eligible for
   57-3  enrollment; and
   57-4              (6)  if the guardian is appointed for a missing person,
   57-5  the person was reported missing by an executive department of the
   57-6  United States at least six months earlier than the date of the
   57-7  filing of the application and currently is missing.
   57-8        (b)  The court may not grant an application to create a
   57-9  guardianship unless the applicant proves each element required by
  57-10  this code.  A determination of incapacity of an adult proposed
  57-11  ward, other than a missing person or a person who must have a
  57-12  guardian appointed to receive funds due the person from any
  57-13  governmental source, must be evidenced by recurring acts or
  57-14  occurrences within the preceding six-month period and not by
  57-15  isolated instances of negligence or bad judgment.
  57-16        (c)  A court may not appoint a guardian of the estate of a
  57-17  minor when a payment of claims is made under Section 887 of this
  57-18  code.
  57-19        (d)  A certificate of the executive head or a representative
  57-20  of the bureau, department, or agency of the government, to the
  57-21  effect that the appointment of a guardian is a condition precedent
  57-22  to the payment of any funds due the proposed ward from that
  57-23  governmental entity, is prima facie evidence of the necessity for
  57-24  the appointment of a guardian.
  57-25        Sec. 685.  HEARING FOR APPOINTMENT OF GUARDIAN; RIGHT TO JURY
  57-26  TRIAL.  (a)  A proposed ward other than a missing person must be
  57-27  present at a hearing to appoint a guardian unless the court, on the
   58-1  record, determines that a personal appearance is not necessary.
   58-2  The court may close the hearing if the proposed ward or the
   58-3  proposed ward's counsel requests a closed hearing.
   58-4        (b)  The proposed ward is entitled, on request, to a jury
   58-5  trial.
   58-6        (c)  At the hearing, the court shall:
   58-7              (1)  inquire into the ability of any allegedly
   58-8  incapacitated adult person to feed, clothe, and shelter himself or
   58-9  herself, to care for the individual's own physical health, and to
  58-10  manage the individual's property or financial affairs;
  58-11              (2)  ascertain the age of any proposed ward who is a
  58-12  minor;
  58-13              (3)  inquire into the governmental reports for any
  58-14  missing person or person who must have a guardian appointed to
  58-15  receive funds due the person from any governmental source; and
  58-16              (4)  inquire into the qualifications, abilities, and
  58-17  capabilities of the person seeking to be appointed guardian.
  58-18        Sec. 686.  USE OF RECORDS IN HEARING TO APPOINT GUARDIAN.
  58-19  (a)  Before a hearing may be held for the appointment of a
  58-20  guardian, current and relevant medical, psychological, and
  58-21  intellectual testing records of the proposed ward must be provided
  58-22  to the attorney ad litem appointed to represent the proposed ward
  58-23  unless:
  58-24              (1)  the proposed ward is a minor, a missing person, or
  58-25  a person who must have a guardian appointed to receive funds due
  58-26  the person from any governmental source; or
  58-27              (2)  the court makes a finding on the record that no
   59-1  current or relevant records exist and examining the proposed ward
   59-2  for the purpose of creating the records is impractical.
   59-3        (b)  Current medical, psychological, and intellectual testing
   59-4  records are a sufficient basis for a determination of guardianship.
   59-5        (c)  The findings and recommendations contained in the
   59-6  medical, psychological, and intellectual testing records are not
   59-7  binding on the court.
   59-8        Sec. 687.  EXAMINATION AND REPORTS.  (a)  The court may not
   59-9  grant an application to create a guardianship for an incapacitated
  59-10  person unless the applicant presents to the court a written letter
  59-11  or certificate from a physician licensed in this state that:
  59-12              (1)  states that, in the opinion of the physician, the
  59-13  person for whom the appointment of a guardian is sought is
  59-14  incapacitated; and
  59-15              (2)  generally describes the extent of the incapacity.
  59-16        (b)  If the court determines it is necessary, the court may
  59-17  appoint the necessary physicians to examine the proposed ward.  A
  59-18  physician who examines the proposed ward shall make available to an
  59-19  attorney ad litem appointed to represent the proposed ward, for
  59-20  inspection, a report that:
  59-21              (1)  describes the nature and degree of incapacity,
  59-22  including the medical history if reasonably available;
  59-23              (2)  provides a medical prognosis specifying the
  59-24  estimated severity of the incapacity;
  59-25              (3)  states how or in what manner the proposed ward's
  59-26  ability to make or communicate responsible decisions concerning
  59-27  himself or herself is affected by the person's physical or mental
   60-1  health;
   60-2              (4)  states whether any current medication affects the
   60-3  demeanor of the proposed ward or the proposed ward's ability to
   60-4  participate fully in a court proceeding;
   60-5              (5)  describes the precise physical and mental
   60-6  conditions underlying a diagnosis of senility, if applicable; and
   60-7              (6)  includes any other information required by the
   60-8  court.
   60-9        (c)  If the basis of the proposed ward's alleged incapacity
  60-10  is mental retardation, the proposed ward shall be examined by a
  60-11  physician or psychologist licensed in this state or certified by
  60-12  the Texas Department of Mental Health and Mental Retardation to
  60-13  perform the examination, unless there is written documentation
  60-14  filed with the court that shows the proposed ward has been examined
  60-15  according to the rules adopted by the department not earlier than
  60-16  six months before the date of a hearing to appoint a guardian for
  60-17  the proposed ward.  The physician or psychologist shall conduct the
  60-18  examination according to the rules adopted by the department and
  60-19  shall submit written findings and recommendations to the court.
  60-20        Sec. 688.  PAYMENT FOR PROFESSIONAL SERVICES.  The court
  60-21  shall order the payment of a fee set by the court as compensation
  60-22  to the attorneys, mental health professionals, and interpreters
  60-23  appointed under Sections 646 and 687 of this code, as applicable,
  60-24  to be taxed as costs in the case.  If after examining the proposed
  60-25  ward's assets the court determines the proposed ward is unable to
  60-26  pay for services provided by an attorney, a mental health
  60-27  professional, or an interpreter appointed under Sections 646 and
   61-1  687 of this code, as applicable, the county is responsible for the
   61-2  cost of those services.
   61-3        Sec. 688A.  COMPENSATION OF CERTAIN ATTORNEYS.  (a)  A court
   61-4  that creates a guardianship for a ward under this chapter, on
   61-5  request of a person who filed an application to be appointed
   61-6  guardian of the proposed ward, may authorize compensation of an
   61-7  attorney who represents the person at the application hearing from
   61-8  available funds of the ward's estate regardless of whether that
   61-9  person is appointed the ward's guardian.
  61-10        (b)  The court may not authorize compensation under this
  61-11  section unless the court finds that the attorney acted in good
  61-12  faith and for just cause in the attorney's representation of the
  61-13  person who filed the application.
  61-14        Sec. 689.  PREFERENCE OF WARD.  Before appointing a guardian,
  61-15  the court shall make a reasonable effort to consider the
  61-16  incapacitated person's preference of the person to be appointed
  61-17  guardian and, to the extent not inconsistent with other provisions
  61-18  of this chapter, shall give due consideration to the preference
  61-19  indicated by the incapacitated person.
  61-20        Sec. 690.  ONLY ONE PERSON APPOINTED GUARDIAN.  Only one
  61-21  person may be appointed as guardian of the person or estate, but
  61-22  one person may be appointed guardian of the person and another of
  61-23  the estate, if it is to the advantage of the ward.  Nothing in this
  61-24  section prohibits the joint appointment of a husband and wife, or
  61-25  of coguardians appointed under the laws of a jurisdiction other
  61-26  than this state.
  61-27        Sec. 691.  AGENCY AS LAST RESORT.  Except as a last resort,
   62-1  the court may not appoint as guardian the Texas Department of
   62-2  Mental Health and Mental Retardation, the Texas Department of Human
   62-3  Services, a community mental health and mental retardation center,
   62-4  or any other agency, public or private, that is directly providing
   62-5  services to the incapacitated person.
   62-6        Sec. 692.  ORDER APPOINTING GUARDIAN.  The order of the court
   62-7  appointing a guardian must specify:
   62-8              (1)  the name of the person appointed;
   62-9              (2)  the name of the ward;
  62-10              (3)  whether the guardian is of the person or the
  62-11  estate, or of both, of the ward;
  62-12              (4)  the amount of any bond required;
  62-13              (5)  if it is a guardianship of the estate and the
  62-14  court deems an appraisal is necessary, one or more but not more
  62-15  than three disinterested persons to appraise the estate and to
  62-16  return the appraisement to the court; and
  62-17              (6)  that the clerk will issue letters of guardianship
  62-18  to the person appointed when the person has qualified according to
  62-19  law.
  62-20        Sec. 693.  ORDER OF COURT.  (a)  If it is found that an adult
  62-21  person possesses the capacity to care for himself or herself and to
  62-22  manage the individual's property as would a reasonably prudent
  62-23  person, the court shall dismiss the application for guardianship.
  62-24        (b)  If it is found that the proposed ward is totally without
  62-25  capacity as provided by this code to care for himself or herself
  62-26  and to manage the individual's property, the court shall include
  62-27  that determination as a finding of fact in its final order in the
   63-1  proceeding, and the court may appoint a guardian of the
   63-2  individual's person or estate, or both, with full authority over
   63-3  the incapacitated person except as provided by law.
   63-4        (c)  If it is found that the person lacks the capacity to do
   63-5  some, but not all, of the tasks necessary to care for himself or
   63-6  herself or to manage the individual's property, the court may
   63-7  appoint a guardian with limited powers and permit the individual to
   63-8  care for himself or herself or to manage the individual's property
   63-9  commensurate with the individual's ability.
  63-10        (d)  An order appointing a guardian must contain findings of
  63-11  fact and specify:
  63-12              (1)  the information required by Section 692 of this
  63-13  code;
  63-14              (2)  the specific powers, limitations, or duties of the
  63-15  guardian with respect to the care of the person or the management
  63-16  of the person's property by the guardian; and
  63-17              (3)  if necessary, the amount of funds from the corpus
  63-18  of the person's estate the court will allow the guardian to expend
  63-19  for the education and maintenance of the person under Section 776
  63-20  of this code.
  63-21        (e)  An order appointing a guardian may not duplicate or
  63-22  conflict with the powers and duties of any other guardian.
  63-23        Sec. 694.  TERM OF APPOINTMENT OF GUARDIAN.  (a)  Unless
  63-24  otherwise discharged as provided by law, a guardian remains in
  63-25  office until the estate is closed.
  63-26        (b)  The guardianship shall be settled and closed when the
  63-27  incapacitated person:
   64-1              (1)  dies and, if the person was married, the person's
   64-2  spouse qualifies as survivor in community;
   64-3              (2)  is found by the court to have full capacity to
   64-4  care for himself or herself and to manage the person's property;
   64-5              (3)  is no longer a minor;
   64-6              (4)  returns to the United States, if the person was a
   64-7  missing person and the court grants the motion of any interested
   64-8  person to vacate the original order of guardianship; or
   64-9              (5)  no longer must have a guardian appointed to
  64-10  receive funds due the person from any governmental source.
  64-11        (c)  An order appointing a guardian or a successor guardian
  64-12  may specify a period of not more than one year during which a
  64-13  petition for adjudication that the incapacitated person no longer
  64-14  requires the guardianship may not be filed without special leave.
  64-15        (d)  Except as provided by Subsection (c) of this section, a
  64-16  ward or any person interested in the ward's welfare may petition
  64-17  the court for an order:
  64-18              (1)  finding that the ward no longer needs the
  64-19  guardianship and ordering that the guardian resign or be removed;
  64-20              (2)  finding that the ward lacks the capacity to do
  64-21  some or all of the tasks necessary to care for himself or herself
  64-22  or to manage the ward's property and granting additional powers or
  64-23  duties to the guardian with respect to the care of the ward or the
  64-24  management of the ward's property by the guardian; or
  64-25              (3)  finding that the ward has regained the capacity to
  64-26  do some, but not all, of the tasks necessary to care for himself or
  64-27  herself or to manage the ward's property and:
   65-1                    (A)  limiting the powers or duties of the
   65-2  guardian with respect to the care of the ward or the management of
   65-3  the ward's property by the guardian; and
   65-4                    (B)  permitting the ward to care for himself or
   65-5  herself or to manage the ward's property commensurate with the
   65-6  ward's ability.
   65-7        (e)  A request for an order under this section may be made by
   65-8  informal letter to the court.  A person who knowingly interferes
   65-9  with the transmission of the request to the court may be adjudged
  65-10  guilty of contempt of court.
  65-11        (f)  If a nonresident guardian of a nonresident ward
  65-12  qualifies as guardian under this chapter, the guardianship of any
  65-13  resident guardian may be terminated.
  65-14        Sec. 695.  APPOINTMENT OF SUCCESSOR GUARDIAN.  (a)  If a
  65-15  guardian dies, resigns, or is removed, the court may, on
  65-16  application and on service of notice as directed by the court,
  65-17  appoint a successor guardian.
  65-18        (b)  A successor guardian has the powers and rights and is
  65-19  subject to all of the duties of the preceding guardian.
  65-20        Sec. 696.  APPOINTMENT OF PRIVATE PROFESSIONAL GUARDIANS.  A
  65-21  court may not appoint a private professional guardian to serve as a
  65-22  guardian or permit a private professional guardian to continue to
  65-23  serve as a guardian under this code if the private professional
  65-24  guardian has not complied with the requirements of Section 697 of
  65-25  this code.
  65-26        Sec. 697.  REGISTRATION OF PRIVATE PROFESSIONAL GUARDIANS.
  65-27  (a)  A private professional guardian must apply annually to the
   66-1  clerk of the county having venue over the proceeding for the
   66-2  appointment of a guardian for certification.  The application must
   66-3  include a sworn statement containing the following information
   66-4  concerning a private professional guardian or a person who
   66-5  represents or plans to represent the interests of a ward as a
   66-6  guardian on behalf of the private professional guardian:
   66-7              (1)  educational background and professional
   66-8  experience;
   66-9              (2)  three or more professional references;
  66-10              (3)  the names of all of the wards the private
  66-11  professional guardian or person is or will be serving as a
  66-12  guardian;
  66-13              (4)  the aggregate fair market value of the property of
  66-14  all wards that is being or will be managed by the private
  66-15  professional guardian or person;
  66-16              (5)  place of residence, business address, and business
  66-17  telephone number; and
  66-18              (6)  whether the private professional guardian or
  66-19  person has ever been removed as a guardian by the court or resigned
  66-20  as a guardian in a particular case, and, if so, a description of
  66-21  the circumstances causing the removal or resignation, and the style
  66-22  of the suit, the docket number, and the court having jurisdiction
  66-23  over the proceeding.
  66-24        (b)  The application must be accompanied by a nonrefundable
  66-25  fee set by the clerk in an amount necessary to cover the cost of
  66-26  administering this section.
  66-27        (c)  The term of the certification begins on the date that
   67-1  the requirements are met and extends through December 31 of the
   67-2  initial year.  After the initial year of certification, the term of
   67-3  the certification begins on January 1 and ends on December 31 of
   67-4  each year.  A renewal application must be completed during December
   67-5  of the year preceding the year for which the renewal is requested.
   67-6        (d)  The clerk shall bring the information received under
   67-7  this section to the judge's attention for review.  The judge shall
   67-8  use the information only in determining whether to appoint, remove,
   67-9  or continue the appointment of a private professional guardian.
  67-10        Sec. 698.  ACCESS TO CRIMINAL HISTORY RECORDS.  (a)  The
  67-11  clerk of the county having venue over the proceeding for the
  67-12  appointment of a guardian shall obtain criminal history record
  67-13  information that is maintained by the Department of Public Safety
  67-14  or the Federal Bureau of Investigation identification division
  67-15  relating to a private professional guardian or a person who
  67-16  represents or plans to represent the interests of a ward as a
  67-17  guardian on behalf of the private professional guardian.
  67-18        (b)  The criminal history record information obtained under
  67-19  this section is for the exclusive use of the court and is
  67-20  privileged and confidential.  The criminal history record
  67-21  information may not be released or otherwise disclosed to any
  67-22  person or agency except on court order or consent of the person
  67-23  being investigated.  The clerk may destroy the criminal history
  67-24  information records after the records are used for the purposes
  67-25  authorized by this section.
  67-26        (c)  The court shall use the information obtained under this
  67-27  section only in determining whether to appoint, remove, or continue
   68-1  the appointment of a private professional guardian.
   68-2        (d)  A person commits an offense if the person releases or
   68-3  discloses any information received under this section without the
   68-4  authorization prescribed by Subsection (b) of this section.  An
   68-5  offense under this subsection is a Class A misdemeanor.
   68-6        (e)  The clerk may charge a reasonable fee sufficient to
   68-7  recover the costs of obtaining criminal history information records
   68-8  authorized by Subsection (a) of this section.
   68-9                       SUBPART B.  QUALIFICATION
  68-10        Sec. 699.  HOW GUARDIANS QUALIFY.  A guardian is deemed to
  68-11  have duly qualified when the guardian has taken and filed the oath
  68-12  required under Section 700 of this code, has made the required
  68-13  bond, and has filed it with the clerk, and has the bond approved by
  68-14  the judge.   A guardian who is not required to make bond, is deemed
  68-15  to have duly qualified when the guardian has taken and filed the
  68-16  required oath.
  68-17        Sec. 700.  OATH OF GUARDIAN.  The guardian shall take an oath
  68-18  to discharge faithfully the duties of guardian for the person or
  68-19  estate, or both, of a ward.
  68-20        Sec. 701.  TIME FOR TAKING OATH AND GIVING BOND.  The oath of
  68-21  a guardian may be taken and subscribed, or the bond of a guardian
  68-22  may be given and approved, at any time before the expiration of the
  68-23  20th day after the date of the order granting letters of
  68-24  guardianship, or before the letters have been revoked for a failure
  68-25  to qualify within the time allowed.  An oath may be taken before
  68-26  any person authorized to administer oaths under the laws of this
  68-27  state.
   69-1        Sec. 702.  BOND OF GUARDIAN OF THE PERSON.  (a)  Except as
   69-2  provided by Subsections (b) and (c) of this section, a guardian of
   69-3  the person is required to give bond.
   69-4        (b)  A bond is not required to be given by a guardian that is
   69-5  a corporate fiduciary, as defined by Section 601(5) of this code.
   69-6        (c)  When a will that is made by a surviving parent and is
   69-7  probated in a court in this state directs that the guardian
   69-8  appointed in the will serve without bond, the court finding that
   69-9  the person is qualified shall issue letters of guardianship to the
  69-10  person named to be appointed guardian in the will without
  69-11  requirement of bond.
  69-12        Sec. 703.  BOND OF GUARDIAN OF THE ESTATE.  (a)  Except when
  69-13  bond is not required under this chapter, before being issued
  69-14  letters of guardianship of estates, the recipient of letters shall
  69-15  give a bond that is conditioned as required by law and that is
  69-16  payable to the judge of the county in which the guardianship
  69-17  proceedings are pending or to the judge's successors in office.  A
  69-18  bond of the guardian of the estate must have the written approval
  69-19  of either of the judges in the judge's official capacity and shall
  69-20  be executed and approved in accordance with Subsections (b)-(q) of
  69-21  this section.
  69-22        (b)  The judge shall set the penalty of the bond in an amount
  69-23  that is sufficient to protect the guardianship and its creditors,
  69-24  as provided by this chapter.
  69-25        (c)  If a bond is or will be required of a guardian of an
  69-26  estate, the court, before setting the penalty of the bond, shall
  69-27  hear evidence and determine:
   70-1              (1)  the amount of cash on hand and where deposited,
   70-2  and the amount of cash estimated to be needed for administrative
   70-3  purposes, including the operation of a business, factory, farm, or
   70-4  ranch owned by the guardianship estate, and administrative expenses
   70-5  for one year;
   70-6              (2)  the revenue anticipated to be received in the
   70-7  succeeding 12 months from dividends, interest, rentals, or use of
   70-8  real or personal property belonging to the guardianship estate and
   70-9  the aggregate amount of any installments or periodic payments to be
  70-10  collected;
  70-11              (3)  the estimated value of certificates of stock,
  70-12  bonds, notes, or securities of the ward, the name of the depository
  70-13  in which the stocks, bonds, notes, or securities of the ward are
  70-14  held for safekeeping, the face value of life insurance or other
  70-15  policies payable to the person on whose guardianship administration
  70-16  is sought or to the person's estate, and other personal property
  70-17  that is owned by the guardianship, or by a person with a
  70-18  disability; and
  70-19              (4)  the estimated amount of debts due and owing by the
  70-20  ward.
  70-21        (d)  The judge shall set the penalty of the bond  in an
  70-22  amount equal to the estimated value of all personal property
  70-23  belonging to the ward, with an additional amount to cover revenue
  70-24  anticipated to be derived during the succeeding 12 months from
  70-25  interest, dividends, collectible claims, the aggregate amount of
  70-26  any installments or periodic payments exclusive of income derived
  70-27  or to be derived from federal social security payments, and rentals
   71-1  for use of real and personal property, provided that the penalty of
   71-2  the original bond shall be reduced in proportion to the amount of
   71-3  cash or value of securities or other assets authorized or required
   71-4  to be deposited or placed in safekeeping by court order, or
   71-5  voluntarily made by the guardian or by the sureties on the bond of
   71-6  the guardian as provided in Subsections (f) and (g) of this
   71-7  section.
   71-8        (e)  If the court considers it to be in the best interests of
   71-9  the ward, the court may require that the guardian and the corporate
  71-10  or personal sureties on the bond of the guardian of the ward agree
  71-11  to deposit any or all cash and safekeeping of other assets of the
  71-12  guardianship estate in a domestic state or national bank, trust
  71-13  company, savings and loan association, or other domestic corporate
  71-14  depository, duly incorporated and qualified to act as a national
  71-15  bank, trust company, savings and loan association, or other
  71-16  domestic corporate depository under the laws of this state or of
  71-17  the United States, and, if the depository is otherwise proper, the
  71-18  court may require the deposit to be made in a manner so as to
  71-19  prevent the withdrawal of the money or other assets in the
  71-20  guardianship estate without the written consent of the surety or on
  71-21  court order made on the notice to the surety.  An agreement made by
  71-22  a guardian and the sureties on the bond of the guardian under this
  71-23  section does not release from liability or change the liability of
  71-24  the principal or sureties as established by the terms of the bond.
  71-25        (f)  Cash, securities, or other personal assets of a ward
  71-26  that a ward is entitled to receive may, and if it is deemed by the
  71-27  court in the best interests of the ward shall, be deposited or
   72-1  placed in safekeeping in one or more of the depositories described
   72-2  in this section on the terms prescribed by the court.  The court in
   72-3  which the guardianship proceeding is pending, on its own motion or
   72-4  on written application of the guardian or of any other person
   72-5  interested in the ward, may authorize or require additional assets
   72-6  of the guardianship estate then on hand or as they accrue during
   72-7  the pendency of the guardianship proceeding to be deposited or held
   72-8  in safekeeping as provided by this section.  The amount of the
   72-9  guardian's bond shall be reduced in proportion to the cash
  72-10  deposited or the value of the securities or other assets placed in
  72-11  safekeeping.  Cash that is deposited, securities or other assets
  72-12  held in safekeeping, or portions of the cash, securities, or other
  72-13  assets held in safekeeping may be withdrawn from a depository only
  72-14  on court order.  The bond of the guardian shall be increased in
  72-15  proportion to the amount of cash or the value of securities or
  72-16  other assets that are authorized to be withdrawn.
  72-17        (g)  In lieu of giving a surety or sureties on a bond that is
  72-18  required of the guardian, or for purposes of reducing the amount of
  72-19  the bond, the guardian of an estate may deposit out of the
  72-20  guardian's own assets cash or securities that are acceptable to the
  72-21  court with a domestic state or national bank, trust company,
  72-22  savings and loan association, or other domestic corporate
  72-23  depository or with any other corporate depository approved by the
  72-24  court.  If the deposit is otherwise proper, the deposit must be
  72-25  equal in amount or value to the amount of the bond required or the
  72-26  bond shall be reduced by the value of assets that are deposited.
  72-27        (h)  The depository shall issue a receipt for a deposit in
   73-1  lieu of a surety showing the amount of cash or, if securities, the
   73-2  amount and description of the securities and agreeing not to
   73-3  disburse or deliver the cash or securities except on receipt of a
   73-4  certified copy of an order of the court in which the proceeding is
   73-5  pending.  The receipt must be attached to the guardian's bond and
   73-6  be delivered to and filed by the county clerk after the receipt is
   73-7  approved by the judge.
   73-8        (i)  The amount of cash or securities on deposit may be
   73-9  increased or decreased by court order from time to time as the
  73-10  interests of the guardianship shall require.
  73-11        (j)  A cash or security deposit in lieu of a surety on the
  73-12  bond may be withdrawn or released only on order of a court that has
  73-13  jurisdiction.
  73-14        (k)  A creditor has the same rights against the guardian and
  73-15  the deposits as are provided for recovery against sureties on a
  73-16  bond.
  73-17        (l)  The court on its own motion or on written application by
  73-18  the guardian or any other person interested in the guardianship may
  73-19  require that the guardian give adequate bond in lieu of the deposit
  73-20  or may authorize withdrawal of the deposit and substitution of a
  73-21  bond with sureties on the bond.  In either case, the guardian shall
  73-22  file a sworn statement showing the condition of the guardianship.
  73-23  The guardian is subject to removal as in other cases if the
  73-24  guardian does not file the sworn statement before the 21st day
  73-25  after the guardian is personally served with notice of the filing
  73-26  of the application or before the 21st day after the date the court
  73-27  enters its motion.  The deposit may not be released or withdrawn
   74-1  until the court is satisfied as to the condition of the
   74-2  guardianship estate, determines the amount of bond, and receives
   74-3  and approves the bond.
   74-4        (m)  On the closing of a guardianship, a deposit or a portion
   74-5  of a deposit that remains on hand, whether of the assets of the
   74-6  guardian, the guardianship, or surety, shall be released by court
   74-7  order and paid to the person entitled to the assets.  A writ of
   74-8  attachment or garnishment does not lie against the deposit except
   74-9  as to claims of creditors of the guardianship being administered or
  74-10  of persons interested in the guardianship, including distributees
  74-11  and wards, and only if the court has ordered distribution, and only
  74-12  to the extent of the ordered distribution.
  74-13        (n)  The surety on the bond may be an authorized corporate or
  74-14  personal surety.
  74-15        (o)  When the bond is more than $50,000, the court may
  74-16  require that the bond be signed by two or more authorized corporate
  74-17  sureties or by one corporate surety and two or more good and
  74-18  sufficient personal sureties.  The guardianship shall pay the cost
  74-19  of a bond with corporate sureties.
  74-20        (p)  If the sureties are natural persons, there may not be
  74-21  less than two sureties, each of whom shall make affidavit in the
  74-22  manner prescribed by this chapter.  The judge must be satisfied
  74-23  that each surety owns property in this state, over and above that
  74-24  exempt by law, sufficient to qualify as a surety as required by
  74-25  law.  Except as otherwise provided by law, only one surety is
  74-26  required if the surety is an authorized corporate surety.  A
  74-27  personal surety, instead of making an affidavit or creating a lien
   75-1  on specific real estate when an affidavit or lien is required, may
   75-2  deposit the personal surety's own cash or securities in the same
   75-3  manner as a guardian in lieu of pledging real property as security,
   75-4  subject to the provisions covering the deposits when made by
   75-5  guardians.
   75-6        (q)  If the guardian is a temporary guardian, the judge shall
   75-7  set the amount of the bond.
   75-8        (r)  The provisions of this section relating to the deposit
   75-9  of cash and safekeeping of securities cover, as far as they may
  75-10  apply, the orders entered by the court when:
  75-11              (1)  real or personal property of a guardianship  has
  75-12  been authorized to be sold or rented;
  75-13              (2)  money is borrowed from the guardianship;
  75-14              (3)  real property, or an interest in real property,
  75-15  has been authorized to be leased for mineral development or made
  75-16  subject to unitization;
  75-17              (4)  the general bond has been found insufficient; or
  75-18              (5)  money is borrowed or invested on behalf of a ward.
  75-19        (s)  In determining the amount of the bond, the court may not
  75-20  take into account the assets of the estate that are placed in a
  75-21  management trust under Subpart N, Part 4, of this code.
  75-22        Sec. 704.  FORM OF BOND.  The following form, or the same in
  75-23  substance, may be used for the bonds of guardians:
  75-24        "The State of Texas
  75-25        "County of _____
  75-26        "Know all men by these presents that we, A. B., as principal,
  75-27  and E. F., as sureties, are held and firmly bound to the county
   76-1  judge of the County of ____ and his successors in office, in the
   76-2  sum of $______; conditioned that the above bound A. B., who has
   76-3  been appointed by the judge of the county as guardian or temporary
   76-4  guardian of the person or of the estate, or both, __________,
   76-5  stating in each case whether or not the person is a minor or an
   76-6  incapacitated person other than a minor, shall well and truly
   76-7  perform all of the duties required of the guardian or temporary
   76-8  guardian of the estate by law under  appointment."
   76-9        Sec. 705.  BOND TO BE FILED.  A bond required under this
  76-10  chapter shall be subscribed by the principals and sureties, and
  76-11  shall be filed with the clerk when approved by the court.
  76-12        Sec. 706.  BOND OF JOINT GUARDIANS.  When two or more persons
  76-13  are appointed guardians and are required to give a bond by the
  76-14  court or under this chapter, the court may require either a
  76-15  separate bond from each person or one joint bond from all of the
  76-16  persons.
  76-17        Sec. 707.  BOND OF MARRIED PERSONS.  When a married person is
  76-18  appointed guardian, the person may jointly execute, with or
  76-19  without, the person's spouse, the bond required by law.  The bond
  76-20  shall bind the person's separate estate and may bind the person's
  76-21  spouse only if the bond is signed by the spouse.
  76-22        Sec. 708.  BOND OF MARRIED PERSON YOUNGER THAN 18 YEARS OF
  76-23  AGE.  When a person who is younger than 18 years of age and is or
  76-24  has been married accepts and qualifies as guardian, a bond required
  76-25  to be executed by the person shall be as valid and binding for all
  76-26  purposes as if the person were of lawful age.
  76-27        Sec. 708A.  BOND OF GUARDIANSHIP PROGRAM.  The judge may
   77-1  require a guardianship program that is appointed guardian under
   77-2  this chapter to file one bond that:
   77-3              (1)  meets all the conditions required under this
   77-4  chapter; and
   77-5              (2)  is in an amount that is sufficient to protect the
   77-6  guardianship and the creditors of the guardianship of all of the
   77-7  wards of the guardianship program.
   77-8        Sec. 709.  AFFIDAVIT OF PERSONAL SURETY; LIEN ON SPECIFIC
   77-9  PROPERTY WHEN REQUIRED; SUBORDINATION OF LIEN AUTHORIZED.  (a)
  77-10  Before a judge considers a bond with a personal surety, each
  77-11  personal surety shall execute an affidavit stating the amount of
  77-12  the surety's assets, reachable by creditors, of a value over and
  77-13  above the surety's liabilities.  The total of the surety's worth
  77-14  must be equal to at least double the amount of the bond.  The
  77-15  affidavit shall be presented to the judge for the judge's
  77-16  consideration and, if approved, shall be attached to and form part
  77-17  of the bond.
  77-18        (b)  If the judge finds that the estimated value of personal
  77-19  property of the guardianship that cannot be deposited or held in
  77-20  safekeeping as provided by this section is such that personal
  77-21  sureties cannot be accepted without the creation of a specific lien
  77-22  on the real property of the sureties, the judge shall enter an
  77-23  order requiring that each surety designate real property owned by
  77-24  the surety in this state subject to execution.  The  designated
  77-25  property must be of a value over and above all liens and unpaid
  77-26  taxes, equal at least to the amount of the bond, giving an adequate
  77-27  legal description of the property, all of which shall be
   78-1  incorporated in an affidavit by the surety, approved by the judge,
   78-2  and attached to and form part of the bond.  If the surety does not
   78-3  comply with the order, the judge may require that the bond be
   78-4  signed by an authorized corporate surety or by an authorized
   78-5  corporate surety and two or more personal sureties.
   78-6        (c)  If a personal surety who has been required to create a
   78-7  lien on specific real estate desires to lease the real property for
   78-8  mineral development, the personal surety may file the surety's
   78-9  written application in the court in which the proceeding is pending
  78-10  to request subordination of the lien to the proposed lease.  The
  78-11  judge of the court in which the proceeding is pending may enter an
  78-12  order granting the application.  A certified copy of an order
  78-13  entered under this subsection that is filed and recorded in the
  78-14  deed records of the proper county is sufficient to subordinate the
  78-15  lien to the rights of a lessee in the proposed lease.
  78-16        Sec. 710.  BOND AS LIEN ON REAL PROPERTY OF SURETY.  When a
  78-17  personal surety is required by the court to create a lien on
  78-18  specific real property as a condition of the personal surety's
  78-19  acceptance as surety on a bond, a lien on the surety's real
  78-20  property in this state that is described in the affidavit of the
  78-21  surety, and only on the property, shall arise as security for the
  78-22  performance of the obligation of the bond.  Before letters are
  78-23  issued to the guardian, the clerk of the court shall mail to the
  78-24  office of the county clerk of each county in which any real
  78-25  property set forth in the surety's affidavit is located a statement
  78-26  signed by the clerk that gives a sufficient description of the real
  78-27  property, the name of the principal and sureties, the amount of the
   79-1  bond, the name of the guardianship, and the court in which the bond
   79-2  is given.  The county clerk to whom such statement is sent shall
   79-3  record the statement in the deed records of the county.  The
   79-4  recorded statement shall be duly indexed in such a manner that the
   79-5  existence and character of a lien may conveniently be determined,
   79-6  and the recording and indexing of the statement is constructive
   79-7  notice to a person of the existence of the lien on the real
   79-8  property located in the county, effective as of the date of the
   79-9  indexing.
  79-10        Sec. 711.  WHEN NEW BOND MAY BE REQUIRED.  A guardian may be
  79-11  required to give a new bond when:
  79-12              (1)  one of the sureties on the bond dies, removes
  79-13  beyond the limits of the state, or becomes insolvent;
  79-14              (2)  in the opinion of the court, the sureties on the
  79-15  bond are insufficient;
  79-16              (3)  in the opinion of the court, the bond is
  79-17  defective;
  79-18              (4)  the amount of the bond is insufficient;
  79-19              (5)  one of the sureties petitions the court to be
  79-20  discharged from future liability on the bond; or
  79-21              (6)  the bond and the record of the bond has been lost
  79-22  or destroyed.
  79-23        Sec. 712.  DEMAND FOR NEW BOND BY INTERESTED PERSON.  A
  79-24  person interested in a guardianship may allege, on application in
  79-25  writing that is filed with the county clerk of the county in which
  79-26  the guardianship proceeding is pending, that the guardian's bond is
  79-27  insufficient or defective or has been, with the record of the bond,
   80-1  lost or destroyed, and may cause the guardian to be cited to appear
   80-2  and show cause why the guardian should not give a new bond.
   80-3        Sec. 713.  JUDGE TO REQUIRE NEW BOND.  When it is made known
   80-4  to a judge that a bond is insufficient or that the bond has, with
   80-5  the record of the bond, been lost or destroyed, the judge without
   80-6  delay shall cause the guardian to be cited to show cause why the
   80-7  guardian should not give a new bond.
   80-8        Sec. 714.  ORDER REQUIRING NEW BOND.  On the return of a
   80-9  citation ordering a guardian to show cause why the guardian should
  80-10  not give a new bond, the judge on the day contained in the return
  80-11  of citation as the day for the hearing of the matter, shall proceed
  80-12  to inquire into the sufficiency of the reasons for requiring a new
  80-13  bond.  If the judge is satisfied that a new bond should be
  80-14  required, the judge shall enter an order to that effect that states
  80-15  the amount of the new bond and the time within which the new bond
  80-16  shall be given, which may not be later than 20 days from the date
  80-17  of the order issued by the judge under this section.
  80-18        Sec. 715.  ORDER SUSPENDS POWERS OF GUARDIANS.  When a
  80-19  guardian is required to give a new bond, the order requiring the
  80-20  bond has the effect of suspending the guardian's powers, and the
  80-21  guardian may not pay out any money of the guardianship or do any
  80-22  other official act, except to preserve the property of the
  80-23  guardianship, until a new bond has been given and approved.
  80-24        Sec. 716.  DECREASE IN AMOUNT OF BOND.  A guardian required
  80-25  to give bond at any time may file with the clerk a written
  80-26  application to the court to have the bond reduced.  After an
  80-27  application has been filed by the guardian under this section, the
   81-1  clerk shall issue and cause to be posted notice to all persons
   81-2  interested in the estate and to a surety on the bond, apprising the
   81-3  persons and surety of the fact and nature of the application and of
   81-4  the time at which the judge will hear the application.  The judge
   81-5  may permit the  filing of a new bond in a reduced amount on the
   81-6  submission of proof that a smaller bond than the one in effect will
   81-7  be adequate to meet the requirements of the law and protect the
   81-8  guardianship and on the approval of an accounting filed at the time
   81-9  of the application.
  81-10        Sec. 717.  DISCHARGE OF SURETIES ON EXECUTION OF NEW BOND.
  81-11  When a new bond has been given and approved, the judge shall enter
  81-12  an order discharging the sureties on the former bond from all
  81-13  liability for the future acts of the principal.
  81-14        Sec. 718.  RELEASE OF SURETIES BEFORE GUARDIANSHIP FULLY
  81-15  ADMINISTERED.  A surety on the guardian's bond at any time may file
  81-16  with the clerk a petition with the court in which the proceeding is
  81-17  pending, praying that the guardian be required to give a new bond
  81-18  and that the petitioner be discharged from all liability for the
  81-19  future acts of the guardian.  If a petition is filed, the guardian
  81-20  shall be cited to appear and give a new bond.
  81-21        Sec. 719.  RELEASE OF LIEN BEFORE GUARDIANSHIP FULLY
  81-22  ADMINISTERED.  If a personal surety who has given a lien on
  81-23  specific real property as security applies to the court to have the
  81-24  lien released, the court shall order the release requested if the
  81-25  court is satisfied that the bond is sufficient without the lien on
  81-26  the property or if sufficient other real or personal property of
  81-27  the surety is substituted on the same terms and conditions required
   82-1  for the lien that is to be released.  If the personal surety who
   82-2  requests the release of the lien does not offer a lien on other
   82-3  real or personal property and if the court is not satisfied that
   82-4  the bond is sufficient without the substitution of other property,
   82-5  the court shall order the guardian to appear and give a new bond.
   82-6        Sec. 720.  RELEASE OF RECORDED LIEN ON SURETY'S PROPERTY.  A
   82-7  certified copy of the court order that describes the property,
   82-8  releases the lien, and is filed with the county clerk and recorded
   82-9  in the deed records of the county in which the property is located
  82-10  has the effect of cancelling the lien on the property.
  82-11        Sec. 721.  REVOCATION OF LETTERS FOR FAILURE TO GIVE BOND.
  82-12  If a guardian of a ward fails to give the bond required by the
  82-13  court within the time required under this chapter, another person
  82-14  may be appointed guardian of the ward.
  82-15        Sec. 722.  GUARDIAN WITHOUT BOND REQUIRED TO GIVE BOND.  If a
  82-16  bond is not required of an individual guardian of the estate, a
  82-17  person who has a debt, claim, or demand against the guardianship,
  82-18  to the justice of which oath has been made by the person, the
  82-19  person's agent or attorney, or any other person interested in the
  82-20  guardianship, in person or as the representative of another person,
  82-21  may file a complaint under oath in writing in the court in which
  82-22  the guardian was appointed, and the court, after a complaint is
  82-23  filed under this section, shall cite the guardian to appear and
  82-24  show cause why the guardian should not be required to give bond.
  82-25        Sec. 723.  ORDER REQUIRING BOND.  On hearing a complaint
  82-26  under Section 722 of this code, if it appears to the court that a
  82-27  guardian is wasting, mismanaging, or misapplying the guardianship
   83-1  estate and that a creditor may probably lose his debt, or that a
   83-2  person's interest in the guardianship may be diminished or lost,
   83-3  the court shall enter an order requiring the guardian to give a
   83-4  bond not later than the 10th day after the date of the order.
   83-5        Sec. 724.  AMOUNT OF BOND.  A bond that is required under
   83-6  Section 723 of this code shall be in an amount that is sufficient
   83-7  to protect the guardianship and its creditors.  The bond shall be
   83-8  approved by and payable to the judge and shall be conditioned that
   83-9  the guardian will well and truly administer the guardianship and
  83-10  that the guardian will not waste, mismanage, or misapply the
  83-11  guardianship estate.
  83-12        Sec. 725.  FAILURE TO GIVE BOND.  If the guardian fails to
  83-13  give the bond required under Section 723 of this code, and the
  83-14  judge does not extend the time, the judge, without citation, shall
  83-15  remove the guardian and appoint a competent person as guardian of
  83-16  the ward who:
  83-17              (1)  shall administer the guardianship according to the
  83-18  provisions of a will or law;
  83-19              (2)  shall take the oath required of a guardian as the
  83-20  case may be before the person enters on the administration of the
  83-21  guardianship; and
  83-22              (3)  shall give bond in the same manner and in the same
  83-23  amount provided in this chapter for the issuance of original
  83-24  letters of guardianship.
  83-25        Sec. 726.  BONDS NOT VOID ON FIRST RECOVERY.  The bond of a
  83-26  guardian is not void on the first recovery, but the bond may be
  83-27  sued on and prosecuted from time to time until the whole amount of
   84-1  the bond is recovered.
   84-2                PART 4.  ADMINISTRATION OF GUARDIANSHIP
   84-3        SUBPART A.  INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
   84-4        Sec. 727.  APPOINTMENT OF APPRAISERS.  After letters of
   84-5  guardianship of the estate have been granted and on the application
   84-6  of any interested person, or if the court deems it necessary, the
   84-7  court shall appoint at least one but not more than three
   84-8  disinterested persons who are citizens of the county in which
   84-9  letters were granted to appraise the property of the ward.  If the
  84-10  court appoints an appraiser under this section and part of the
  84-11  estate is located in a county other than the county in which
  84-12  letters were granted, the court may appoint at least one but not
  84-13  more than three disinterested persons who are citizens of the
  84-14  county in which the part of the estate is located to appraise the
  84-15  property of the estate located in the county if the court considers
  84-16  it necessary to appoint an appraiser.
  84-17        Sec. 728.  FAILURE OF APPRAISER TO SERVE.  If an appraiser
  84-18  appointed under Section 727 of this code fails or refuses to act,
  84-19  the court shall remove the appraiser and appoint one or more
  84-20  appraisers.
  84-21        Sec. 729.  INVENTORY AND APPRAISEMENT.  (a)  Not later than
  84-22  the 90th day after the date the guardian of the estate qualifies as
  84-23  guardian, unless a longer time is granted by the court, the
  84-24  guardian of the estate shall file with the clerk of court a
  84-25  verified, full and detailed inventory, in one written instrument,
  84-26  of all the property of the ward that has come into the guardian's
  84-27  possession or knowledge.  The inventory filed by the guardian under
   85-1  this  section must include:
   85-2              (1)  all real property of the ward that is located in
   85-3  this state; and
   85-4              (2)  all personal property of the ward wherever
   85-5  located.
   85-6        (b)  The guardian shall set out in the inventory the
   85-7  guardian's appraisement of the fair market value of each item of
   85-8  the property on the date of the grant of letters of guardianship.
   85-9  If the court appoints an appraiser of the estate, the guardian
  85-10  shall determine the fair market value of each item of the inventory
  85-11  with the assistance of the appraiser and shall set out in the
  85-12  inventory the appraisement made by the appraiser.
  85-13        (c)  An inventory made under this section must specify what
  85-14  portion of the property is separate property and what portion is
  85-15  community property.  If any property is owned in common with other
  85-16  persons, the interest owned by the ward shall be shown in the
  85-17  inventory, together with the names and relationship, if known, of
  85-18  co-owners.
  85-19        (d)  The  inventory, when approved by the court and duly
  85-20  filed with the clerk of court, is for purposes of this chapter the
  85-21  inventory and appraisement of the estate referred to in this
  85-22  chapter.
  85-23        (e)  The court for good cause shown may require the filing of
  85-24  the inventory and appraisement at a time not later than the 90th
  85-25  day after the date of qualification of the guardian.
  85-26        Sec. 730.  LIST OF CLAIMS.  The guardian shall make and
  85-27  attach to an inventory under Section 729 of this code a full and
   86-1  complete list of all claims due or owing to the ward that must
   86-2  state:
   86-3              (1)  the name of each person indebted to the ward and
   86-4  the address of the person if known;
   86-5              (2)  the nature of the debt, whether it is a note,
   86-6  bill, bond, or other written obligation or whether it is an account
   86-7  or verbal contract;
   86-8              (3)  the date of the indebtedness and the date when the
   86-9  debt is or was due;
  86-10              (4)  the amount of each claim, the rate of interest on
  86-11  each claim, and time for which the claim bears interest; and
  86-12              (5)  what portion of the claim is held in common with
  86-13  others, including the names and the relationships of other part
  86-14  owners and the interest of the estate in the claim.
  86-15        Sec. 731.  AFFIDAVIT ATTACHED.  The guardian of the estate
  86-16  shall attach to the inventory and list of claims the guardian's
  86-17  affidavit subscribed and sworn to before an officer in the county
  86-18  authorized by law to administer oaths that the inventory and list
  86-19  of claims are a true and complete statement of the property and
  86-20  claims of the estate that have come to the guardian's knowledge.
  86-21        Sec. 732.  APPRAISER FEES.  An appraiser appointed by the
  86-22  court is entitled to receive a reasonable fee for the performance
  86-23  of the appraiser's duties as an appraiser that are to be paid out
  86-24  of the estate.
  86-25        Sec. 733.  COURT ACTION.  (a)  On return of the inventory,
  86-26  appraisement, and list of claims, the judge shall examine and
  86-27  approve or disapprove the inventory, appraisement, or list of
   87-1  claims as follows:
   87-2              (1)  if the judge approves the inventory, appraisement,
   87-3  and list of claims, the judge shall issue an order to that effect;
   87-4  and
   87-5              (2)  if the judge does not approve the inventory,
   87-6  appraisement, or list of claims, the judge shall enter an order to
   87-7  that effect.
   87-8        (b)  The court order shall require the return of another
   87-9  inventory, appraisement, and list of claims, or whichever of them
  87-10  is disapproved, within a time specified in the order but not later
  87-11  than 20 days after the date of the order.  The judge may appoint
  87-12  new appraisers if the judge deems it necessary.
  87-13        Sec. 734.  DISCOVERY OF ADDITIONAL PROPERTY.  The guardian of
  87-14  the estate shall promptly file with the clerk of court a verified,
  87-15  full, and detailed supplemental inventory and appraisement if
  87-16  property or claims that are not included in the inventory come to
  87-17  the guardian's possession or knowledge after the guardian files the
  87-18  inventory and appraisement required under Section 729 of this code.
  87-19        Sec. 735.  ADDITIONAL INVENTORY OR LIST OF CLAIMS.  (a)  On
  87-20  the written complaint of an interested person that property or
  87-21  claims of the estate have not been included in the inventory and
  87-22  list of claims filed by the guardian, the guardian of an estate
  87-23  shall be cited to appear before the court in which the cause is
  87-24  pending and show cause why the guardian should not be required to
  87-25  make and return an additional inventory or list of claims, or both.
  87-26        (b)  After hearing a complaint filed under this section and
  87-27  being satisfied of the truth of the complaint, the court shall
   88-1  enter an order requiring the additional inventory or list of
   88-2  claims, or both, to be made and returned in like manner as the
   88-3  original inventory, not later than 20 days after the date of the
   88-4  order, as may be set by the court.  The additional inventory or
   88-5  list of claims must include only property or claims that were not
   88-6  inventoried or listed by the guardian.
   88-7        Sec. 736.  CORRECTION WHEN INVENTORY, APPRAISEMENT, OR LIST
   88-8  OF CLAIMS ERRONEOUS OR UNJUST.  A person interested in an estate
   88-9  who deems an inventory, appraisement, or list of claims returned by
  88-10  the guardian erroneous or unjust in any particular form may file a
  88-11  written complaint that sets forth and points out the alleged
  88-12  erroneous or unjust items and cause the guardian to be cited to
  88-13  appear before the court and show cause why the errors should not be
  88-14  corrected.  On the hearing of a complaint filed under this section,
  88-15  if the court is satisfied from the evidence that the inventory,
  88-16  appraisement, or list of claims is erroneous or unjust in any
  88-17  particular form as alleged in the complaint, the court shall enter
  88-18  an order that specifies the erroneous or unjust items and the
  88-19  corrections to be made and that appoints an appraiser to make a new
  88-20  appraisement correcting the erroneous or unjust items and requires
  88-21  the return of the new appraisement not later than the 20th day
  88-22  after the date of the order.  The court may also, on its own motion
  88-23  or on motion of the guardian of the estate, have a new appraisal
  88-24  made for the purposes described by this section.
  88-25        Sec. 737.  EFFECT OF REAPPRAISEMENT.  When a reappraisement
  88-26  is made, returned, and approved by the court, the reappraisement
  88-27  stands in place of the original appraisement.  Not more than one
   89-1  reappraisement shall be made, but any person interested in the
   89-2  estate may object to the reappraisement before or after the
   89-3  reappraisement is approved.  If the court finds that the
   89-4  reappraisement is erroneous or unjust, the court shall appraise the
   89-5  property on the basis of the evidence before the court.
   89-6        Sec. 738.  FAILURE OF JOINT GUARDIANS TO RETURN AN INVENTORY,
   89-7  APPRAISEMENT, AND LIST OF CLAIMS.  If there is  more than one
   89-8  qualified guardian of the estate, one or more of the guardians, on
   89-9  the neglect of the other guardians, may make and return an
  89-10  inventory and appraisement and list of claims.  The guardian so
  89-11  neglecting may not thereafter interfere with the estate or have any
  89-12  power over the estate.  The guardian that returns an inventory,
  89-13  appraisement, and list of claims has the whole administration,
  89-14  unless, not later than the 60th day after the date of return, each
  89-15  of the delinquent guardians assigns to the court in writing and
  89-16  under oath a reasonable excuse that the court may deem
  89-17  satisfactory.  If no excuse is filed or if the excuse filed by a
  89-18  delinquent guardian is insufficient, the court shall enter an order
  89-19  removing the  delinquent guardian and revoking the guardian's
  89-20  letters.
  89-21        Sec. 739.  USE OF INVENTORIES, APPRAISEMENTS, AND LISTS OF
  89-22  CLAIMS AS EVIDENCE.  All inventories, appraisements, and lists of
  89-23  claims that have been taken, returned, and approved in accordance
  89-24  with the law, or the record of an inventory, appraisement, or list
  89-25  of claims, or copies of either the originals or the record, duly
  89-26  certified under the seal of the county court affixed by the clerk,
  89-27  may be given in evidence in any of the courts of this state in any
   90-1  suit by or against the guardian of the estate, but may not be
   90-2  conclusive for or against the guardian of the estate if it is shown
   90-3  that any property or claims of the estate are not shown in the
   90-4  inventory, appraisement, or list of claims or that the value of the
   90-5  property or claims of the estate actually was in excess of the
   90-6  value shown in the appraisement and list of claims.
   90-7       SUBPART B.  ANNUAL ACCOUNTS, REPORTS, AND OTHER EXHIBITS
   90-8        Sec. 741.  ANNUAL ACCOUNTS REQUIRED.  (a)  Not later than the
   90-9  60th day after the expiration of 12 months from the date of
  90-10  qualification, unless the court extends that time period, the
  90-11  guardian of the estate of a ward shall return to the court an
  90-12  exhibit in writing under oath setting forth a list of all claims
  90-13  against the estate that were presented to the guardian within the
  90-14  period covered by the account and specifying which claims have been
  90-15  allowed, paid, or rejected by the guardian and the date when any
  90-16  claim was rejected and which claims have been the subject of a
  90-17  lawsuit and the status of the lawsuit, and showing:
  90-18              (1)  all property that has come to the guardian's
  90-19  knowledge or into the guardian's possession that has not been
  90-20  previously listed or inventoried as property of the ward;
  90-21              (2)  any changes in the property of the ward that have
  90-22  not been previously reported;
  90-23              (3)  a complete account of receipts and disbursements
  90-24  for the period covered by the account, and the source and nature of
  90-25  the receipts and disbursements, with receipts of principal and
  90-26  income shown separately;
  90-27              (4)  a complete, accurate, and detailed description of
   91-1  the property being administered, the condition of the property, and
   91-2  the use being made of the property and, if rented, the terms of the
   91-3  rental and the price for which the property is being rented;
   91-4              (5)  the cash balance on hand and the name and location
   91-5  of the depository where the cash balance is kept and any other sums
   91-6  of cash in savings accounts or other form, deposited subject to
   91-7  court order, and the name and location of the depository of the
   91-8  cash; and
   91-9              (6)  a detailed description of personal property of the
  91-10  estate, that, with respect to bonds, notes, and other securities,
  91-11  includes the names of obligor and obligee, or if payable to bearer,
  91-12  so state; the date of issue and maturity; the rate of interest;
  91-13  serial or other identifying numbers; in what manner the property is
  91-14  secured; and other data necessary to identify the same fully, and
  91-15  how and where held for safekeeping.
  91-16        (b)  A guardian of the estate shall file annual accounts
  91-17  conforming to the essential requirements of those in Subsection (a)
  91-18  of this section as to changes in the assets of the estate after
  91-19  rendition of the former account so that the true condition of the
  91-20  estate, with respect to money or securities or other property, can
  91-21  be ascertained by the court or by any interested person, by adding
  91-22  to the balances forward the receipts, and then subtracting the
  91-23  disbursements.  The description of property sufficiently described
  91-24  in an inventory or previous account may be by reference to the
  91-25  property.
  91-26        (c)  The following shall be annexed to all annual accounts of
  91-27  guardians of estates:
   92-1              (1)  proper vouchers for each item of credit claimed in
   92-2  the account, or, in the absence of a voucher, the item must be
   92-3  supported by evidence satisfactory to the court, and original
   92-4  vouchers may, on application, be returned to the guardian after
   92-5  approval of the guardian's account;
   92-6              (2)  an official letter from the bank or other
   92-7  depository in which the money on hand of the estate or ward is
   92-8  deposited that shows the amounts in general or special deposits;
   92-9  and
  92-10              (3)  proof of the existence and possession of
  92-11  securities owned by the estate, or shown by the accounting, and
  92-12  other assets held by a depository subject to court order, the proof
  92-13  by one of the following means:
  92-14                    (A)  an official letter from the bank or other
  92-15  depository that holds the securities or other assets for
  92-16  safekeeping; provided, that if the depository is the
  92-17  representative, the official letter shall be signed by a
  92-18  representative of the depository other than the depository that
  92-19  verifies the account;
  92-20                    (B)  a certificate of an authorized
  92-21  representative of the corporation that is the surety on the
  92-22  representative's bonds;
  92-23                    (C)  a certificate of the clerk or a deputy clerk
  92-24  of a court of record in this state; or
  92-25                    (D)  an affidavit of any other reputable person
  92-26  designated by the court on request of the guardian or other
  92-27  interested party.
   93-1        (d)  A certificate or affidavit under this section shall be
   93-2  to the effect that the affiant has examined the assets exhibited to
   93-3  the affiant by the guardian as assets of the estate in which the
   93-4  accounting is made, shall describe the assets by reference to the
   93-5  account or otherwise sufficiently to identify those assets
   93-6  exhibited, and shall state the time when and the place where the
   93-7  assets were exhibited.  Instead of using a certificate or an
   93-8  affidavit, the representative may exhibit the securities to the
   93-9  judge of the court who shall endorse on the account, or include in
  93-10  the judge's order with respect to the account, a statement that the
  93-11  securities shown to the judge as on hand were in fact exhibited to
  93-12  the judge and that those securities exhibited to the judge were the
  93-13  same as those shown in the account, or note any variance.  If the
  93-14  securities are exhibited at any place other than where deposited
  93-15  for safekeeping, it shall be at the expense and risk of the
  93-16  representative.  The judge may require additional evidence as to
  93-17  the existence and custody of the securities and other personal
  93-18  property as in the judge's discretion the judge considers proper,
  93-19  and the judge may require the representative to exhibit the
  93-20  securities  to the judge, or any person designated by the judge, at
  93-21  any time at the place where the securities are held for
  93-22  safekeeping.
  93-23        (e)  The guardian of the estate filing the account shall
  93-24  attach to the account the guardian's affidavit that:
  93-25              (1)  the account contains a correct and complete
  93-26  statement of the matters to which the account relates;
  93-27              (2)  the guardian has paid the bond premium for the
   94-1  next accounting period;
   94-2              (3)  the guardian has filed all tax returns of the ward
   94-3  due during the accounting period; and
   94-4              (4)  the guardian has paid all taxes the ward owed
   94-5  during the accounting period, showing:
   94-6                    (A)  the amount of the taxes;
   94-7                    (B)  the date the guardian paid the taxes; and
   94-8                    (C)  the name of the governmental entity to which
   94-9  the guardian paid the taxes.
  94-10        (f)  If the guardian, on the ward's behalf, has not filed a
  94-11  tax return or paid taxes that are due on the filing of the account
  94-12  under this section, the guardian of the estate filing the account
  94-13  shall attach to the account a description of the taxes and the
  94-14  reasons for the guardian's failure to file the return or pay the
  94-15  taxes.
  94-16        (g)  If the estate produces negligible or fixed income, the
  94-17  court has the power to waive the filing of annual accounts, and the
  94-18  court may permit the guardian to receive all income and apply it to
  94-19  the support, maintenance, and education of the ward and account to
  94-20  the court for income and corpus of the estate when the estate must
  94-21  be closed.
  94-22        Sec. 742.  ACTION ON ANNUAL ACCOUNTS.  (a)  The rules in this
  94-23  section govern the handling of annual accounts.
  94-24        (b)  Annual accounts shall be filed with the county clerk,
  94-25  and the filing of the accounts shall be noted on the judge's
  94-26  docket.
  94-27        (c)  Before being considered by the judge, the account must
   95-1  remain on file for 10 days.
   95-2        (d)  After the expiration of 10 days after the filing of an
   95-3  annual account, the judge shall consider the annual account, and
   95-4  may continue the hearing on the account until the judge is fully
   95-5  advised as to all items of the account.
   95-6        (e)  An accounting may not be approved unless possession of
   95-7  cash, listed securities, or other assets held in safekeeping or on
   95-8  deposit under court order has been proved as required by law.
   95-9        (f)  If an account is found to be incorrect, it shall be
  95-10  corrected.  When corrected to the satisfaction of the court, the
  95-11  account shall be approved by a court order, and the court shall act
  95-12  with respect to unpaid claims, as follows:
  95-13              (1)  if it appears from the exhibit, or from other
  95-14  evidence, that the estate is wholly solvent, and that the guardian
  95-15  has sufficient funds for the payment of every claim against the
  95-16  estate, the court shall order immediate payment made of all claims
  95-17  allowed and approved or established by judgment; and
  95-18              (2)  if it appears from the account, or from other
  95-19  evidence, that the funds on hand are not sufficient for the payment
  95-20  of all the claims, or if the estate is insolvent and the guardian
  95-21  has any funds on hand, the court shall order the funds to be
  95-22  applied to the payment of all claims having a preference in the
  95-23  order of their priority if any claim is still unpaid, and then to
  95-24  the payment pro rata of the other claims allowed and approved or
  95-25  established by final judgment, taking into consideration also the
  95-26  claims that were presented not later than 12 months after the date
  95-27  of the granting of administration and those claims that are in suit
   96-1  or on which suit may yet be instituted.
   96-2        Sec. 743.  REPORTS OF GUARDIANS OF THE PERSON.  (a)  The
   96-3  guardian of the person, when there is a separate guardian of the
   96-4  estate, shall at the expiration of 12 months from the date of the
   96-5  guardian's  qualification and receipt of letters, and annually
   96-6  thereafter, return to the court the guardian's sworn account
   96-7  showing each item of receipts and disbursements for the support and
   96-8  maintenance of the ward, the education of the ward when necessary,
   96-9  and support and maintenance of the ward's dependents, when
  96-10  authorized by order of court.
  96-11        (b)  The guardian of the person, whether or not there is a
  96-12  separate guardian of the estate, shall submit to the court an
  96-13  annual report by sworn affidavit that contains the following
  96-14  information:
  96-15              (1)  the guardian's current name, address, and phone
  96-16  number;
  96-17              (2)  the ward's current:
  96-18                    (A)  name, address, and phone number; and
  96-19                    (B)  age and date of birth;
  96-20              (3)  the type of home in which the ward resides,
  96-21  described as the ward's own; a nursing, guardian's, foster, or
  96-22  boarding home; a relative's home, and the ward's relationship to
  96-23  the relative; a hospital or medical facility; or other type of
  96-24  residence;
  96-25              (4)  the length of time the ward has resided in the
  96-26  present home and, if there has been a change in the ward's
  96-27  residence in the past year, the reason for the change;
   97-1              (5)  the date the guardian most recently saw the ward,
   97-2  and how frequently the guardian has seen the ward in the past year;
   97-3              (6)  a statement indicating whether or not the guardian
   97-4  has possession or control of the ward's estate;
   97-5              (7)  the following statements concerning the ward's
   97-6  health during the past year:
   97-7                    (A)  whether the ward's mental health has
   97-8  improved, deteriorated, or remained unchanged, and a description if
   97-9  there has been a change; and
  97-10                    (B)  whether the ward's physical health has
  97-11  improved, deteriorated, or remained unchanged, and a description if
  97-12  there has been a change;
  97-13              (8)  a statement concerning whether or not the ward has
  97-14  regular medical care, and the ward's treatment or evaluation by any
  97-15  of the following persons during the last year, including the name
  97-16  of that person, and the treatment involved:
  97-17                    (A)  a physician;
  97-18                    (B)  a psychiatrist, psychologist, or other
  97-19  mental health care provider;
  97-20                    (C)  a dentist;
  97-21                    (D)  a social or other caseworker; or
  97-22                    (E)  another individual who provided treatment;
  97-23              (9)  a description of the ward's activities during the
  97-24  past year, including recreational, educational, social, and
  97-25  occupational activities, or if no activities are available or if
  97-26  the ward is unable or has refused to participate in them, a
  97-27  statement to that effect;
   98-1              (10)  the guardian's evaluation of the ward's living
   98-2  arrangements as excellent, average, or below average, including an
   98-3  explanation if the conditions are below average;
   98-4              (11)  the guardian's evaluation of whether the ward is
   98-5  content or unhappy with the ward's living arrangements;
   98-6              (12)  the guardian's evaluation of unmet needs of the
   98-7  ward;
   98-8              (13)  a statement of whether or not the guardian's
   98-9  power should be increased, decreased, or unaltered, including an
  98-10  explanation if a change is recommended; and
  98-11              (14)  any additional information the guardian desires
  98-12  to share with the court regarding the ward.
  98-13        (c)  If the ward is deceased, the guardian shall provide the
  98-14  court with the date and place of death, if known, in lieu of the
  98-15  information about the ward otherwise required to be provided in the
  98-16  annual report.
  98-17        (d)  Unless the judge is satisfied that the facts stated are
  98-18  true, he shall issue orders as are necessary for the best interests
  98-19  of the ward.
  98-20        Sec. 744.  PENALTY FOR FAILURE TO FILE ACCOUNTINGS, EXHIBITS,
  98-21  OR REPORTS.  If a guardian fails to file any accounting, exhibit,
  98-22  or report required by this chapter, any person interested in the
  98-23  estate may, on  written complaint filed with the clerk of the
  98-24  court, or the court on its own motion, may cause the guardian to be
  98-25  cited to appear and show cause why the guardian should not file the
  98-26  exhibit or report; and, on hearing, the court may order the
  98-27  guardian to file the exhibit or report, and, unless good cause is
   99-1  shown for the failure to file the exhibit or report, the court may
   99-2  revoke the letters of the guardian and may fine the guardian an
   99-3  amount not to exceed $1,000.
   99-4        SUBPART C.  FINAL SETTLEMENT, ACCOUNTING, AND DISCHARGE
   99-5        Sec. 745.  CLOSING GUARDIANSHIPS OF THE ESTATE.  (a)  A
   99-6  guardianship of the estate of a ward is settled and closed when:
   99-7              (1)  a minor ward dies or becomes an adult by becoming
   99-8  18 years of age, or by removal of disabilities of minority
   99-9  according to the law of this state, or by marriage;
  99-10              (2)  an incapacitated ward dies, or is decreed as
  99-11  provided by law to have been restored to full legal capacity;
  99-12              (3)  the spouse of a married ward has qualified as
  99-13  survivor in community and the ward owns no separate property;
  99-14              (4)  the estate of a ward becomes exhausted;
  99-15              (5)  the foreseeable income accruing to a ward or to
  99-16  his estate is so negligible that maintaining the guardianship in
  99-17  force would be burdensome;
  99-18              (6)  all of the assets of the estate have been placed
  99-19  in a management trust under Subpart N, Part 4, of this code and the
  99-20  court determines that a guardianship for the ward is no longer
  99-21  necessary; or
  99-22              (7)  the court determines for any other reason that a
  99-23  guardianship for the ward is no longer necessary.
  99-24        (b)  In a case arising under Subsection (a)(5) of this
  99-25  section, the court may authorize the income to be paid to a parent,
  99-26  or other person who has acted as guardian of the ward, to assist in
  99-27  the maintenance of the ward and without liability to account to the
  100-1  court for the income.
  100-2        (c)  When the estate of a minor ward consists only of cash or
  100-3  cash equivalents in an amount of $25,000 or less, the guardianship
  100-4  of the estate may be terminated and the assets paid to the county
  100-5  clerk of the county in which the guardianship proceeding is
  100-6  pending, and the clerk shall manage the funds as provided by
  100-7  Section 885 of this code.
  100-8        (d)  In the settlement and closing of a guardianship, the
  100-9  court may appoint an attorney ad litem to represent the interests
 100-10  of the ward, and may allow the attorney reasonable compensation for
 100-11  services provided by the attorney out of the ward's estate.
 100-12        Sec. 746.  PAYMENT OF FUNERAL EXPENSES AND OTHER DEBTS.
 100-13  Notwithstanding Section 745 of this code, before the guardianship
 100-14  of a person or  estate of a ward is closed on the death of a ward,
 100-15  the guardian, subject to the approval of the court, may make all
 100-16  funeral arrangements, pay for the funeral expenses out of the
 100-17  estate of the deceased ward, and pay all other debts out of the
 100-18  estate.  If a personal representative of the estate of a deceased
 100-19  ward is appointed, the court shall on the written complaint of the
 100-20  personal representative cause the guardian to be cited to appear
 100-21  and present a final account as provided in Section 749 of this
 100-22  code.
 100-23        Sec. 747.  TERMINATION OF GUARDIANSHIP OF THE PERSON.  (a)
 100-24  When the guardianship of an incapacitated person is settled and
 100-25  closed as provided by Section 745 of this code, the guardian of the
 100-26  person shall deliver all property of the ward in the possession or
 100-27  control of the guardian to the emancipated ward or other person
  101-1  entitled to the property.  If the ward is deceased, the guardian
  101-2  shall deliver the property to the personal representative of the
  101-3  deceased ward's estate or other person entitled to the property.
  101-4        (b)  If there is no property of the ward in the possession or
  101-5  control of the guardian of the person, the guardian shall file with
  101-6  the court a sworn affidavit that states the reason the guardianship
  101-7  was terminated and to whom the property of the ward in the
  101-8  guardian's possession was delivered.  The judge may issue orders as
  101-9  necessary for the best interests of the ward or of the estate of a
 101-10  deceased ward.  This section does not discharge a guardian of the
 101-11  person from liability for breach of the guardian's fiduciary
 101-12  duties.
 101-13        Sec. 748.  PAYMENT BY GUARDIAN OF TAXES OR EXPENSES.
 101-14  Notwithstanding any other provision of this chapter, a probate
 101-15  court in which proceedings to declare heirship are maintained may
 101-16  order the payment by the guardian of any and all taxes or expenses
 101-17  of administering the estate and may order the sale of properties in
 101-18  the ward's estate, when necessary, for the purpose of paying the
 101-19  taxes or expenses of administering the estate or for the purpose of
 101-20  distributing the estate among the heirs.
 101-21        Sec. 749.  ACCOUNT FOR FINAL SETTLEMENT OF ESTATES OF WARDS.
 101-22  When a guardianship of the estate is settled and closed, the
 101-23  guardian shall present to the court the guardian's verified account
 101-24  for final settlement.  In the account it shall be sufficient to
 101-25  refer to the inventory without describing each item of property in
 101-26  detail and to refer to and adopt any and all guardianship
 101-27  proceedings that concern sales, renting or hiring, leasing for
  102-1  mineral development, or any other transaction on behalf of the
  102-2  guardianship estate, including an exhibit, account, or voucher
  102-3  previously filed and approved, without restating the particular
  102-4  items.  Each final account shall be accompanied by proper vouchers
  102-5  in support of each item not already accounted for and shall show,
  102-6  either by reference to any proceedings authorized above or by
  102-7  statement of the facts:
  102-8              (1)  the property, rents, revenues, and profits
  102-9  received by the guardian, and belonging to the ward, during the
 102-10  term of the guardianship;
 102-11              (2)  the disposition made of the property, rents,
 102-12  revenues, and profits;
 102-13              (3)  the expenses and debts against the estate that
 102-14  remain unpaid, if any;
 102-15              (4)  the property of the estate that remains in the
 102-16  hands of the guardian, if any; and
 102-17              (5)  other facts as appear necessary to a full and
 102-18  definite understanding of the exact condition of the guardianship.
 102-19        Sec. 750.  PROCEDURE IN CASE OF NEGLECT OR FAILURE TO FILE
 102-20  FINAL ACCOUNT OR REPORT.  (a)  If a guardian charged with the duty
 102-21  of filing a final account or report fails or neglects so to do at
 102-22  the proper time, the court may, on the court's own motion, or on
 102-23  the written complaint of the emancipated ward or anyone interested
 102-24  in the ward or the ward's estate, shall cause the guardian to be
 102-25  cited to appear and present the account or report within the time
 102-26  specified in the citation.
 102-27        (b)  If a written complaint has not been filed by anyone
  103-1  interested in the guardianship of a person or estate of a minor or
  103-2  deceased ward, the court may, on or after the third anniversary
  103-3  after the date of the death of the ward or after the date the minor
  103-4  reaches the age of majority, remove the estate from the court's
  103-5  active docket without a final accounting and without appointing a
  103-6  successor personal representative.
  103-7        (c)  If a complaint has not been filed by anyone interested
  103-8  in the estate of a ward whose whereabouts are unknown to the court,
  103-9  the court may, on or after the fourth anniversary after the ward's
 103-10  whereabouts became unknown to the court, remove the estate from the
 103-11  court's active docket without a final accounting and without
 103-12  appointing a successor personal representative.
 103-13        Sec. 751.  CITATION ON PRESENTATION OF ACCOUNT FOR FINAL
 103-14  SETTLEMENT.  (a)  On the filing of an account for final settlement
 103-15  by a guardian of the estate of a ward, citation must contain a
 103-16  statement that the final account has been filed, the time and place
 103-17  when it will be considered by the court, and a statement requiring
 103-18  the person cited to appear and contest the final account if the
 103-19  person determines it is proper.  The county clerk shall issue the
 103-20  citation to the following persons and in the manner provided by
 103-21  this section.
 103-22        (b)  If a ward is a living resident of this state who is 14
 103-23  years of age or older, and the ward's residence is known, the ward
 103-24  shall be cited by personal service, unless the ward, in person or
 103-25  by attorney, by writing filed with the clerk, waives the issuance
 103-26  and personal service of citation.
 103-27        (c)  If one who has been a ward is deceased, the ward's
  104-1  executor or administrator, if one has been appointed, shall be
  104-2  personally served, but no service is required if the executor or
  104-3  administrator is the same person as the guardian.
  104-4        (d)  If a ward's residence is unknown, or if the ward is a
  104-5  nonresident of this state, or if the ward is deceased and no
  104-6  representative of the ward's estate has been appointed and
  104-7  qualified in this state, the citation to the ward or to the ward's
  104-8  estate shall be by publication, unless the court by written order
  104-9  directs citation by posting.
 104-10        (e)  If the court deems further additional notice necessary,
 104-11  it shall require the additional notice by written order.  In its
 104-12  discretion, the court may allow the waiver of notice of an account
 104-13  for final settlement in a guardianship proceeding.
 104-14        Sec. 752.  COURT ACTION.  (a)  On being satisfied that
 104-15  citation has been duly served on all persons interested in the
 104-16  estate, the court shall examine the account for final settlement
 104-17  and the vouchers accompanying the account.  After hearing all
 104-18  exceptions or objections to the account and evidence in support of
 104-19  or against the account, the court shall audit and settle the same,
 104-20  and restate it if that is necessary.
 104-21        (b)  On final settlement of an estate, if there is any part
 104-22  of the estate remaining in the hands of the guardian, the court
 104-23  shall order that it be delivered, in case of a ward, to the ward,
 104-24  or in the case of a deceased ward, to the personal representative
 104-25  of the deceased ward's estate if one has been appointed, or to any
 104-26  other person legally entitled to the estate.
 104-27        (c)  If on final settlement of an estate there is no part of
  105-1  the estate remaining in the hands of the guardian, the court shall
  105-2  discharge the guardian from the guardian's trust and order the
  105-3  estate closed.
  105-4        (d)  When the guardian of an estate has fully administered
  105-5  the estate in accordance with this chapter and the orders of the
  105-6  court and the guardian's final account has been approved, and the
  105-7  guardian has delivered all of the estate remaining in the
  105-8  guardian's hands to any person entitled to receive the estate, the
  105-9  court shall enter an order discharging the guardian from the
 105-10  guardian's trust, and declaring the estate closed.
 105-11        Sec. 753.  MONEY BECOMING DUE PENDING FINAL DISCHARGE.  Money
 105-12  or any other thing of value falling due to the estate or ward while
 105-13  the account for final settlement is pending, other than money or
 105-14  any other thing of value held under Section 703(c) of this code,
 105-15  until the order of final discharge of the guardian is entered in
 105-16  the minutes of the court, may be paid, delivered, or tendered to
 105-17  the emancipated ward, the guardian, or the personal representative
 105-18  of the deceased ward's estate, who shall issue a receipt for the
 105-19  money or other thing of value, and the obligor or payor shall be
 105-20  discharged of the obligation for all purposes.
 105-21        Sec. 754.  INHERITANCE TAXES MUST BE PAID.  If the guardian
 105-22  has been ordered to make payment of inheritance taxes under this
 105-23  code, an estate of a deceased ward may not be closed unless the
 105-24  final account shows and the court finds that all inheritance taxes
 105-25  due and owing to this state with respect to all interests and
 105-26  properties passing through the hands of the guardian have been
 105-27  paid.
  106-1        Sec. 755.  APPOINTMENT OF ATTORNEY TO REPRESENT WARD.  When
  106-2  the ward is dead and there is no executor or administrator of the
  106-3  ward's estate, or when the ward is a nonresident, or the ward's
  106-4  residence is unknown, the court may appoint an attorney ad litem to
  106-5  represent the interest of the ward in the final settlement with the
  106-6  guardian, and shall allow the attorney reasonable compensation out
  106-7  of the ward's estate for any services provided by the attorney.
  106-8        Sec. 756.  OFFSETS, CREDITS, AND BAD DEBTS.  In the
  106-9  settlement of any of the accounts of the guardian of an estate, all
 106-10  debts due the estate that the court is satisfied could not have
 106-11  been collected by due diligence, and that have not been collected,
 106-12  shall be excluded from the computation.
 106-13        Sec. 757.  ACCOUNTING FOR LABOR OR SERVICES OF A WARD.  The
 106-14  guardian of a ward shall account for the reasonable value of the
 106-15  labor or services of the ward of the guardian, or the proceeds of
 106-16  the labor or services, if the labor or services have been rendered
 106-17  by the ward, but the guardian is entitled to reasonable credits for
 106-18  the board, clothing, and maintenance of the ward.
 106-19        Sec. 758.  PROCEDURE IF REPRESENTATIVE FAILS TO DELIVER
 106-20  ESTATE.  If a guardian, on final settlement or termination of the
 106-21  guardianship of the estate, neglects to deliver to the person
 106-22  entitled when legally demanded any portion of the estate or any
 106-23  funds or money in the hands of the guardian ordered to be
 106-24  delivered, a person entitled to the estate, funds, or money may
 106-25  file with the clerk of the court a written complaint alleging the
 106-26  fact of the guardian's neglect, the date of the person's demand,
 106-27  and other relevant facts.  After the person files a complaint under
  107-1  this section, the clerk shall issue a citation to be served
  107-2  personally on the guardian, appraising the guardian of the
  107-3  complaint and citing the guardian to appear before the court and
  107-4  answer, if the guardian desires, at the time designated in the
  107-5  citation.  If at the hearing the court finds that the citation was
  107-6  duly served and returned and that the guardian is guilty of the
  107-7  neglect charged, the court shall enter an order to that effect, and
  107-8  the guardian shall be liable to the person who filed the complaint
  107-9  in damages at the rate of 10 percent of the amount or appraised
 107-10  value of the money or estate withheld, per month, for each month or
 107-11  fraction of a month that the estate or money of a guardianship of
 107-12  the estate, or on termination of guardianship of the person, or
 107-13  funds is or has been withheld by the guardian after the date of
 107-14  demand, which damages may be recovered in any court of competent
 107-15  jurisdiction.
 107-16  SUBPART D.  REVOCATION OF LETTERS, DEATH, RESIGNATION, AND REMOVAL
 107-17        Sec. 759.  APPOINTMENT OF SUCCESSOR GUARDIAN.  (a)  In case
 107-18  of death, a personal representative of the deceased person shall
 107-19  account for, pay, and deliver to a person legally entitled to
 107-20  receive the property, all the property belonging to the
 107-21  guardianship that is entrusted to the care of the representative,
 107-22  at the time and in the manner as the court orders.  On a finding
 107-23  that a necessity for the immediate appointment of a successor
 107-24  guardian exists, the court may appoint a successor guardian without
 107-25  citation or notice.
 107-26        (b)  If letters have been granted to a person, and another
 107-27  person whose right to be appointed successor guardian is prior and
  108-1  who has not waived the right and is qualified, applies for letters,
  108-2  the letters previously granted shall be revoked and other letters
  108-3  shall be granted to the applicant.
  108-4        (c)  If a person named in a will as guardian is not an adult
  108-5  when the will is probated and letters in any capacity have been
  108-6  granted to another person, the nominated guardian, on proof that
  108-7  the nominated guardian has become an adult and is not otherwise
  108-8  disqualified from serving as a guardian, is entitled to have the
  108-9  former letters revoked and appropriate letters granted to the
 108-10  nominated guardian.  If the will names two or more persons as
 108-11  guardian, any one or more of whom are minors when the will is
 108-12  probated and letters have been issued to the persons who are
 108-13  adults, a minor, on becoming an adult, if not otherwise
 108-14  disqualified, is permitted to qualify and receive letters.
 108-15        (d)  If a person named in a will as guardian was ill or
 108-16  absent from the state when the testator died, or when the will was
 108-17  proved, and for that reason could not present the will for probate
 108-18  not later than the 30th day after the testator's death, or accept
 108-19  and qualify as guardian not later than the 20th day after the date
 108-20  the will was probated, the person may accept and qualify as
 108-21  guardian not later than the 60th day after the person's return or
 108-22  recovery from illness, on proof to the court that the person was
 108-23  absent or ill.  If the letters have been issued to another person,
 108-24  the letters shall be revoked.
 108-25        (e)  If it is discovered after letters of guardianship have
 108-26  been issued that the deceased person left a lawful will, the
 108-27  letters shall be revoked and proper letters of guardianship issued
  109-1  to a person entitled to receive the letters.
  109-2        (f)  Except when otherwise expressly provided in this
  109-3  chapter, letters may not be revoked and other letters granted
  109-4  except on application, and after personal service of citation on
  109-5  the person, if living, whose letters are sought to be revoked, that
  109-6  the person appear and show cause why the application should not be
  109-7  granted.
  109-8        (g)  Money or any other thing of value falling due to a ward
  109-9  while the office of the guardian is vacant may be paid, delivered,
 109-10  or tendered to the clerk of the court for credit of the ward, and
 109-11  the debtor, obligor, or payor shall be discharged of the obligation
 109-12  for all purposes to the extent and purpose of the payment or
 109-13  tender.  If the clerk accepts the payment or tender, the clerk
 109-14  shall issue a proper receipt for the payment or tender.
 109-15        (h)  The court may appoint as successor guardian a spouse,
 109-16  parent, or child of a proposed ward who has been disqualified from
 109-17  serving as guardian because of a litigation conflict under Section
 109-18  681(4) of this code on removal of the conflict that caused the
 109-19  initial disqualification if the spouse, parent, or child is
 109-20  otherwise qualified to serve as a guardian.
 109-21        Sec. 760.  RESIGNATION.  (a)  A guardian of the estate who
 109-22  wishes to resign the guardian's trust shall file with the clerk a
 109-23  written application to the court to that effect, accompanied by a
 109-24  full and complete exhibit and final account, duly verified, showing
 109-25  the true condition of the guardianship estate entrusted to the
 109-26  guardian's care.  A guardian of the person who wishes to resign the
 109-27  guardian's trust shall file with the clerk a written application to
  110-1  the court to that effect, accompanied by a report setting forth the
  110-2  information required in the annual report required under this
  110-3  chapter, duly verified, showing the condition of the ward entrusted
  110-4  to the guardian's care.
  110-5        (b)  If the necessity exists, the court may immediately
  110-6  accept a resignation and appoint a successor but may not discharge
  110-7  the person resigning as guardian of the estate or release the
  110-8  person or the sureties on the person's bond until final order or
  110-9  judgment is rendered on the final account of the guardian.
 110-10        (c)  On the filing of an application to resign, supported by
 110-11  an exhibit and final account, the clerk shall call the application
 110-12  to the attention of the judge, who shall set a date for a hearing
 110-13  on the matter.  The clerk shall then issue a citation to all
 110-14  interested persons, showing that proper application has been filed
 110-15  and the time and place set for hearing, at which time the
 110-16  interested persons may appear and contest the exhibit and account
 110-17  or report.  The citation shall be posted, unless the court directs
 110-18  that it be published.
 110-19        (d)  At the time set for hearing, unless it has been
 110-20  continued by the court, if the court finds that citation has been
 110-21  duly issued and served, the court shall proceed to examine the
 110-22  exhibit and account or report and hear all evidence for and against
 110-23  the exhibit, account, or report and shall, if necessary, restate,
 110-24  and audit and settle the exhibit, account, or report.  If the court
 110-25  is satisfied that the matters entrusted to the applicant have been
 110-26  handled and accounted for in accordance with the law, the court
 110-27  shall enter an order of approval and require that the estate
  111-1  remaining in the possession of the applicant, if any, be delivered
  111-2  to the person entitled by law to receive it.  A guardian of the
  111-3  person is required to comply with all orders of the court
  111-4  concerning the ward of the guardian.
  111-5        (e)  A resigning guardian may not be discharged until the
  111-6  application has been heard, the exhibit and account or report
  111-7  examined, settled, and approved, and the guardian has satisfied the
  111-8  court that the guardian has delivered the estate, if there is any
  111-9  part of the estate remaining in the possession of the guardian, or
 111-10  has complied with all orders of the court with relation to the
 111-11  guardian's trust.
 111-12        (f)  When the resigning guardian has complied in all respects
 111-13  with the orders of the court, an order shall be made accepting the
 111-14  resignation, discharging the applicant, and, if the applicant is
 111-15  under bond, the sureties of the guardian.
 111-16        Sec. 761.  REMOVAL.  (a)  The court, on its own motion or on
 111-17  motion of any interested person, including the ward, and without
 111-18  notice, may remove any guardian, appointed under this chapter, who:
 111-19              (1)  neglects to qualify in the manner and time
 111-20  required by law;
 111-21              (2)  fails to return within 90 days after
 111-22  qualification, unless the time is extended by order of the court,
 111-23  an inventory of the property of the guardianship estate and list of
 111-24  claims that have come to the guardian's knowledge;
 111-25              (3)  having been required to give a new bond, fails to
 111-26  do so within the time prescribed;
 111-27              (4)  absents himself from the state for a period of
  112-1  three months at one time without permission of the court, or
  112-2  removes from the state;
  112-3              (5)  cannot be served with notices or other processes
  112-4  because the guardian's whereabouts are unknown, or because the
  112-5  guardian is eluding service;
  112-6              (6)  has misapplied, embezzled, or removed from the
  112-7  state, or is about to misapply, embezzle, or remove from the state,
  112-8  all or any part of the property committed to the guardian's care;
  112-9  or
 112-10              (7)  has cruelly treated a ward, or has neglected to
 112-11  educate or maintain the ward as liberally as the means of the ward
 112-12  and the condition of the ward's estate permit.
 112-13        (b)  The court may remove a personal representative under
 112-14  Subsection (a)(6) or (7) of this section only on the presentation
 112-15  of clear and convincing evidence given under oath.
 112-16        (c)  The court may remove a guardian on its own motion, or on
 112-17  the complaint of an interested person, after the guardian has been
 112-18  cited by personal service to answer at a time and place set in the
 112-19  notice, when:
 112-20              (1)  sufficient grounds appear to support belief that
 112-21  the guardian has misapplied, embezzled, or removed from the state,
 112-22  or that the guardian is about to misapply, embezzle, or remove from
 112-23  the state, all or any part of the property committed to the care of
 112-24  the guardian;
 112-25              (2)  the guardian fails to return any account or report
 112-26  that is required by law to be made;
 112-27              (3)  the guardian fails to obey any proper order of the
  113-1  court having jurisdiction with respect to the performance of the
  113-2  guardian's duties;
  113-3              (4)  the guardian is proved to have been guilty of
  113-4  gross misconduct or mismanagement in the performance of the duties
  113-5  of the guardian;
  113-6              (5)  the guardian becomes incapacitated, or is
  113-7  sentenced to the penitentiary, or from any other cause becomes
  113-8  incapable of properly performing the duties of the guardian's
  113-9  trust;
 113-10              (6)  as guardian of the person, the guardian cruelly
 113-11  treats the ward, or neglects to educate or maintain the ward as
 113-12  liberally as the means of the ward's estate and the ward's ability
 113-13  or condition permit;
 113-14              (7)  the guardian interferes with the ward's progress
 113-15  or participation in programs in the community; or
 113-16              (8)  the guardian fails to comply with the requirements
 113-17  of Section 697 of this code.
 113-18        (d)  The order of removal shall state the cause of the
 113-19  removal.  It must require that any letters issued to the person who
 113-20  is removed shall, if the removed person has been personally served
 113-21  with citation, be surrendered and that all those letters be
 113-22  cancelled of record, whether or not delivered.  It must further
 113-23  require, as to all the estate remaining in the hands of a removed
 113-24  person, delivery of the estate to the person or persons entitled to
 113-25  the estate, or to one who has been appointed and has qualified as
 113-26  successor guardian, and as to the person of a ward, that control be
 113-27  relinquished as required in the order.
  114-1        Sec. 762.  REINSTATEMENT AFTER REMOVAL.  (a)  Not later than
  114-2  the 10th day after the date the court signs the order of removal, a
  114-3  personal representative who is removed under Subsection (a)(6) or
  114-4  (7), Section 761, of this code may file an application with the
  114-5  court for a hearing to determine whether the personal
  114-6  representative should be reinstated.
  114-7        (b)  On the filing of an application for a hearing under this
  114-8  section, the court clerk shall issue a notice stating that the
  114-9  application for reinstatement was filed, the name of the ward or
 114-10  decedent, and the name of the applicant.  The clerk shall issue the
 114-11  notice to the applicant, the ward, a person interested in the
 114-12  welfare of the ward, the decedent's estate, or the ward's estate,
 114-13  and, if applicable, to a person who has control of the care and
 114-14  custody of the ward.  The notice must cite all persons interested
 114-15  in the estate or welfare of the ward to appear at the time and
 114-16  place stated in the notice if they wish to contest the application.
 114-17        (c)  If, at the conclusion of a hearing under this section,
 114-18  the court is satisfied by a preponderance of the evidence that the
 114-19  applicant did not engage in the conduct that directly led to the
 114-20  applicant's removal, the court shall set aside an order appointing
 114-21  a successor representative, if any, and shall enter an order
 114-22  reinstating the applicant as personal representative of the ward or
 114-23  estate.
 114-24        (d)  If the court sets aside the appointment of a successor
 114-25  representative under this section, the court may require the
 114-26  successor representative to prepare and file, under oath, an
 114-27  accounting of the estate and to detail the disposition the
  115-1  successor has made of the property of the estate.
  115-2        Sec. 763.  ADDITIONAL POWERS OF SUCCESSOR GUARDIAN.  In
  115-3  addition, a successor guardian may make himself, and may be made, a
  115-4  party to a suit prosecuted by or against the predecessor of the
  115-5  successor guardian.  The successor guardian may settle with the
  115-6  predecessor and receive and receipt for all the portion of the
  115-7  estate as remains in the hands of the successor guardian.  The
  115-8  successor guardian may bring suit on the bond or bonds of the
  115-9  predecessor in the guardian's own name and capacity for all the
 115-10  estate that came into the hands of the predecessor and has not been
 115-11  accounted for by the predecessor.
 115-12        Sec. 764.  SUBSEQUENT GUARDIANS SUCCEED TO PRIOR RIGHTS AND
 115-13  DUTIES.  Whenever a guardian shall accept and qualify after letters
 115-14  of guardianship are granted on the estate, the guardian shall, in
 115-15  like manner, succeed to the previous guardian, and the guardian
 115-16  shall administer the estate in like manner as if the administration
 115-17  by the guardian were a continuation of the former one.
 115-18        Sec. 765.  SUCCESSORS' RETURN OF INVENTORY, APPRAISEMENT, AND
 115-19  LIST OF CLAIMS.  A successor guardian who has qualified to succeed
 115-20  a prior guardian shall make and return to the court an inventory,
 115-21  appraisement, and list of claims of the estate, not later than 90
 115-22  days after the date of qualification, in the same manner as is
 115-23  required of an original appointee.  The successor guardian shall in
 115-24  like manner as is required of an original appointee return
 115-25  additional inventories, appraisements, and lists of claims.  In all
 115-26  orders appointing a successor guardian, the court shall appoint an
 115-27  appraiser as in original appointments on the application of any
  116-1  person interested in the estate.
  116-2          SUBPART E.  GENERAL DUTIES AND POWERS OF GUARDIANS
  116-3        Sec. 767.  POWERS AND DUTIES OF GUARDIANS OF THE PERSON.  The
  116-4  guardian of the person is entitled to the charge and control of the
  116-5  person of the ward, and the duties of the guardian correspond with
  116-6  the rights of the guardian.  A guardian of the person has:
  116-7              (1)  the right to have physical possession of the ward
  116-8  and to establish the ward's legal domicile;
  116-9              (2)  the duty of care, control, and protection of the
 116-10  ward;
 116-11              (3)  the duty to provide the ward with clothing, food,
 116-12  medical care, and shelter; and
 116-13              (4)  the power to consent to medical, psychiatric, and
 116-14  surgical treatment other than the in-patient psychiatric commitment
 116-15  of the ward.
 116-16        Sec. 768.  GENERAL POWERS AND DUTIES OF GUARDIAN OF THE
 116-17  ESTATE.  The guardian of the estate of a ward is entitled to the
 116-18  possession and management of all property belonging to the ward, to
 116-19  collect all debts, rentals, or claims that are due to the ward, to
 116-20  enforce all obligations in favor of the ward, and to bring and
 116-21  defend suits by or against the ward; but, in the management of the
 116-22  estate, the guardian is governed by the provisions of this chapter.
 116-23  It is the duty of the guardian of the estate to take care of and
 116-24  manage the estate as a prudent person would manage the person's own
 116-25  property.  The guardian of the estate shall account for all rents,
 116-26  profits, and revenues that the estate would have produced by such
 116-27  prudent management.
  117-1        Sec. 769.  SUMMARY OF POWERS OF GUARDIAN OF PERSON AND
  117-2  ESTATE.  The guardian of both the person of and estate of a ward
  117-3  has all the rights and powers and shall perform all the duties of
  117-4  the guardian of the person and of the guardian of the estate.
  117-5        Sec. 770.  CARE OF WARD; COMMITMENT.  (a)  The guardian of an
  117-6  adult may expend funds of the guardianship as provided by court
  117-7  order to care for and maintain the incapacitated person.  The
  117-8  guardian may apply for residential care and services provided by a
  117-9  public or private facility on behalf of an incapacitated person who
 117-10  has decision-making ability if the person agrees to be placed in
 117-11  the facility.  The guardian shall report the condition of the
 117-12  person to the court at regular intervals at least annually, unless
 117-13  the court orders more frequent reports.  If the person is receiving
 117-14  residential care in a public or private residential care facility,
 117-15  the guardian shall include in any report to the court a statement
 117-16  as to the necessity for continued care in the facility.
 117-17        (b)  Except as provided by Subsection (c) or (d) of this
 117-18  section, a guardian may not voluntarily admit an incapacitated
 117-19  person to a public or private in-patient psychiatric facility or to
 117-20  a residential facility operated by the Texas Department of Mental
 117-21  Health and Mental Retardation for care and treatment.  If care and
 117-22  treatment in a psychiatric or a residential facility are necessary,
 117-23  the person or the person's guardian may apply for services under
 117-24  Section 593.027 or 593.028, Health and Safety Code, or apply to a
 117-25  court to commit the person under Subtitle D, Title 7, Health and
 117-26  Safety Code (Persons with Mental Retardation Act), Subtitle C,
 117-27  Title 7, Health and Safety Code (Texas Mental Health Code), or
  118-1  Chapter 462, Health and Safety Code.
  118-2        (c)  A guardian of a person younger than 16 years of age may
  118-3  voluntarily admit an incapacitated person to a public or private
  118-4  inpatient psychiatric facility for care and treatment.
  118-5        (d)  A guardian of a person may voluntarily admit an
  118-6  incapacited person to a residential care facility for emergency
  118-7  care or respite care under Section 593.027 or 593.028, Health and
  118-8  Safety Code.
  118-9          SUBPART F.  SPECIFIC DUTIES AND POWERS OF GUARDIANS
 118-10        Sec. 771.  GUARDIAN OF ESTATE: POSSESSION OF PERSONAL
 118-11  PROPERTY AND RECORDS.  The guardian of an estate, immediately after
 118-12  receiving letters of guardianship, shall collect and take into
 118-13  possession the personal property, record books, title papers, and
 118-14  other business papers of the ward and shall deliver the personal
 118-15  property, books, or papers, of the ward to a person who is legally
 118-16  entitled to that property when the guardianship has been closed or
 118-17  a successor guardian has received letters.
 118-18        Sec. 772.  COLLECTION OF CLAIMS AND RECOVERY OF PROPERTY.
 118-19  (a)  Every guardian of an estate shall use ordinary diligence to
 118-20  collect all claims and debts due the ward and to recover possession
 118-21  of all property of the ward to which the ward has claim or title,
 118-22  if there is a reasonable prospect of collecting the claims or of
 118-23  recovering the property.  If the guardian wilfully neglects to use
 118-24  ordinary diligence, the guardian and the sureties on the guardian's
 118-25  bond shall be liable, at the suit of any person interested in the
 118-26  estate, for the use of the estate, for the amount of the claims or
 118-27  for the value of the property that has been lost due to the
  119-1  guardian's neglect.
  119-2        (b)  Except as provided by Subsection (c) of this section, a
  119-3  guardian of an estate may enter into a contract to convey, or may
  119-4  convey, a contingent interest in any property sought to be
  119-5  recovered, not exceeding one-third thereof for services of
  119-6  attorneys, subject only to the approval of the court in which the
  119-7  estate is being administered.
  119-8        (c)  A guardian of an estate may convey or contract to convey
  119-9  for services of attorneys a contingent interest that exceeds
 119-10  one-third of the property sought to be recovered under this section
 119-11  only on the approval of the court in which the estate is being
 119-12  administered.  The court must approve a contract entered into or
 119-13  conveyance made under this section before an attorney performs any
 119-14  legal services.  A contract entered into or conveyance made in
 119-15  violation of this section is void, unless the court ratifies or
 119-16  reforms the contract or documents relating to the conveyance to the
 119-17  extent necessary to cause the contract or conveyance to meet the
 119-18  requirements of this section.
 119-19        (d)  In approving a contract or conveyance under Subsection
 119-20  (b) or (c) of this section for services of an attorney, the court
 119-21  shall consider:
 119-22              (1)  the time and labor that will be required, the
 119-23  novelty and difficulty of the questions to be involved, and the
 119-24  skill that will be required to perform the legal services properly;
 119-25              (2)  the fee customarily charged in the locality for
 119-26  similar legal services;
 119-27              (3)  the value of property recovered or sought to be
  120-1  recovered by the personal representative under this section;
  120-2              (4)  the benefits to the estate that the attorney will
  120-3  be responsible for securing; and
  120-4              (5)  the experience and ability of the attorney who
  120-5  will be performing the services.
  120-6        (e)  On satisfactory proof to the court, a guardian of an
  120-7  estate is entitled to all necessary and reasonable expenses
  120-8  incurred by the guardian in collecting or attempting to collect a
  120-9  claim or debt owed to the estate or in recovering or attempting to
 120-10  recover property to which the estate has a title or claim.
 120-11        Sec. 773.  SUIT BY GUARDIAN.  A guardian appointed in this
 120-12  state may institute suits for the recovery of personal property,
 120-13  debts, or damages and suits for title to or possession of land or
 120-14  for any right attached to or growing out of the same or for injury
 120-15  or damage done.  Judgment in those cases shall be conclusive but
 120-16  may be set aside by any person interested for fraud or collusion on
 120-17  the part of the guardian.
 120-18        Sec. 774.  EXERCISE OF POWER WITH OR WITHOUT COURT ORDER.
 120-19  (a)  On application, and if authorized by an order, the guardian of
 120-20  the estate may renew or extend any obligation owed by or to the
 120-21  ward.  On written application to the court and when a guardian of
 120-22  the estate deems it is in the interest of the estate, the guardian
 120-23  may, if authorized by an order of the court:
 120-24              (1)  purchase or exchange property;
 120-25              (2)  take a claim or property for the use and benefit
 120-26  of the estate in payment of a debt due or owing to the estate;
 120-27              (3)  compound a bad or doubtful debt due or owing to
  121-1  the estate;
  121-2              (4)  make a compromise or a settlement in relation to
  121-3  property or a claim in dispute or litigation; and
  121-4              (5)  compromise or pay in full any secured claim that
  121-5  has been allowed and approved as required by law against the estate
  121-6  by conveying to the holder of the secured claim the real estate or
  121-7  personalty securing the claim, in full payment, liquidation, and
  121-8  satisfaction of the claim, and in consideration of cancellation of
  121-9  a note, deed of trust, mortgage, chattel mortgage, or other
 121-10  evidence of a lien that secures the payment of the claim.
 121-11        (b)  The guardian of the estate of a person, without
 121-12  application to or order of the court, may exercise the following
 121-13  powers provided, however, that a guardian may apply and obtain an
 121-14  order if doubtful of the propriety of the exercise of any such
 121-15  power:
 121-16              (1)  release a lien on payment at maturity of the debt
 121-17  secured by the lien;
 121-18              (2)  vote stocks by limited or general proxy;
 121-19              (3)  pay calls and assessments;
 121-20              (4)  insure the estate against liability in appropriate
 121-21  cases;
 121-22              (5)  insure property of the estate against fire, theft,
 121-23  and other hazards; and
 121-24              (6)  pay taxes, court costs, and bond premiums.
 121-25        Sec. 775.  POSSESSION OF PROPERTY HELD IN COMMON OWNERSHIP.
 121-26  If the ward holds or owns any property in common, or as part owner
 121-27  with another person, the guardian of the estate is entitled to
  122-1  possession of the property of the ward held or owned in common with
  122-2  a part owner in the same manner as another owner in common or joint
  122-3  owner would be entitled.
  122-4        Sec. 776.  SUMS ALLOWABLE FOR EDUCATION AND MAINTENANCE OF
  122-5  WARD.  (a)  Subject to Section 777 of this code, the court may
  122-6  direct the guardian of the person to expend, for the education and
  122-7  maintenance of the guardian's ward, a sum in excess of the income
  122-8  of the ward's estate.  Otherwise, the guardian may not be allowed,
  122-9  for the education and maintenance of the ward, more than the net
 122-10  income of the estate.  When different persons have the guardianship
 122-11  of the person and estate of a ward, the guardian of the estate
 122-12  shall pay to the guardian of the person a sum that is set by the
 122-13  court, at a time specified by the court, for the education and
 122-14  maintenance of the ward.  If the guardian of the estate fails to
 122-15  pay to the guardian of the person the sum set by the court, the
 122-16  guardian of the estate shall be compelled to make the payment by
 122-17  court order after the guardian is duly cited to appear.
 122-18        (b)  When a guardian has in good faith expended funds from
 122-19  the corpus of the estate of the ward of the guardian for support
 122-20  and maintenance for the ward under this section, and when it is not
 122-21  convenient or possible for the guardian to first secure court
 122-22  approval, if the proof is clear and convincing that the
 122-23  expenditures were reasonable and proper, and are expenditures that
 122-24  the court would have granted authority to make the expenditures out
 122-25  of the corpus, and the ward received the benefits of the
 122-26  expenditures, the court may approve the expenditures in the same
 122-27  manner as if the expenditures were made by the guardian out of the
  123-1  income from the ward's estate.  An expenditure under this
  123-2  subsection may not exceed $5,000 per ward during an annual
  123-3  accounting period, unless the expenditure is made to a nursing home
  123-4  in which case the court may ratify any amount.
  123-5        Sec. 777.  SUMS ALLOWED PARENTS FOR EDUCATION AND MAINTENANCE
  123-6  OF MINOR WARD.  (a)  Except as provided by Subsection (b) of this
  123-7  section, a parent who is the guardian of the person of a ward who
  123-8  is 17 years of age or younger may not use the income or the corpus
  123-9  from the ward's estate for the ward's support, education, or
 123-10  maintenance.
 123-11        (b)  A court with proper jurisdiction may authorize the
 123-12  guardian of the person to spend the income or the corpus from the
 123-13  ward's estate to support, educate, or maintain the ward if the
 123-14  guardian presents clear and convincing evidence to the court that
 123-15  the ward's parents are unable without unreasonable hardship to pay
 123-16  for all of the expenses related to the ward's support.
 123-17        Sec. 778.  TITLE OF WARDS NOT TO BE DISPUTED.  A guardian or
 123-18  the heirs, executors, administrators, or assigns of a guardian may
 123-19  not dispute the right of the ward to any property that came into
 123-20  the possession of the guardian as guardian of the ward, except
 123-21  property that is recovered from the guardian or property on which
 123-22  there is a personal action pending.
 123-23        Sec. 779.  OPERATION OF FARM, RANCH, FACTORY, OR OTHER
 123-24  BUSINESS.  If the ward owns a farm, ranch, factory, or other
 123-25  business and if the farm, ranch, factory, or other business is not
 123-26  required to be sold at once for the payment of debts or other
 123-27  lawful purposes, the guardian of the estate on order of the court
  124-1  shall carry on the operation of the farm, ranch, factory, or other
  124-2  business, or cause the same to be done, or rent the same, as shall
  124-3  appear to be for the best interests of the estate.  In deciding,
  124-4  the court shall consider the condition of the estate and the
  124-5  necessity that may exist for the future sale of the property or
  124-6  business for the payment of a debt, claim, or other lawful
  124-7  expenditure and may not extend the time of renting any of the
  124-8  property beyond what appears consistent with the maintenance and
  124-9  education of a ward or the settlement of the estate of the ward.
 124-10        Sec. 780.  ADMINISTRATION OF PARTNERSHIP INTEREST BY
 124-11  GUARDIAN.  If the ward was a partner in a general partnership and
 124-12  the articles of partnership provide that, on the incapacity of a
 124-13  partner, the guardian of the estate of the partner is entitled to
 124-14  the place of the incapacitated partner in the firm, the guardian
 124-15  who contracts to come into the partnership shall, to the extent
 124-16  allowed by law, be liable to a third person only to the extent of
 124-17  the incapacitated partner's capital in the partnership and the
 124-18  assets of the estate of the partner that are held by the guardian.
 124-19  This section does not exonerate a guardian from liability for the
 124-20  negligence of the guardian.
 124-21        Sec. 781.  BORROWING MONEY.  (a)  The guardian may mortgage
 124-22  or pledge any real or personal property of a guardianship estate by
 124-23  deed of trust or otherwise as security for an indebtedness, under
 124-24  court order, when necessary for any of the following purposes:
 124-25              (1)  for the payment of any ad valorem, income, gift,
 124-26  or transfer taxes due from a ward, regardless of whether the taxes
 124-27  are assessed by a state, a political subdivision of the state, the
  125-1  federal government, or a foreign country;
  125-2              (2)  for the payment of any expenses of administration,
  125-3  including sums necessary for the operation of a business, farm, or
  125-4  ranch owned by the estate;
  125-5              (3)  for the payment of any claims allowed and
  125-6  approved, or established by suit, against the ward or the estate of
  125-7  the ward;
  125-8              (4)  to renew and extend a valid, existing lien;
  125-9              (5)  to make improvements or repairs to the real estate
 125-10  of the ward if:
 125-11                    (A)  the real estate of the ward is not revenue
 125-12  producing but could be made revenue producing by certain
 125-13  improvements and repairs; or
 125-14                    (B)  the revenue from the real estate could be
 125-15  increased by making improvements or repairs to the real estate;
 125-16              (6)  court-authorized borrowing of money that the court
 125-17  finds to be in the best interests of the ward for the purchase of a
 125-18  residence for the ward or a dependent of the ward; and
 125-19              (7)  if the guardianship is kept open after the death
 125-20  of the ward, funeral expenses of the ward and expenses of the
 125-21  ward's last illness.
 125-22        (b)  When it is necessary to borrow money for any of the
 125-23  purposes authorized under Subsection (a) of this section, or to
 125-24  create or extend a lien on property of the estate as security, a
 125-25  sworn application for the authority to borrow money shall be filed
 125-26  with the court, stating fully and in detail the circumstances that
 125-27  the guardian of the estate believes make necessary the granting of
  126-1  the authority.  On the filing of an application under this
  126-2  subsection, the clerk shall issue and cause to be posted a citation
  126-3  to all interested persons, stating the nature of the application
  126-4  and requiring the interested persons to appear and show cause why
  126-5  the application should not be granted.
  126-6        (c)  If the court is satisfied by the evidence adduced at the
  126-7  hearing on the application that it is in the interest of the ward
  126-8  or the ward's estate to borrow money under Subsection (b) of this
  126-9  section, or to extend and renew an existing lien, the court shall
 126-10  issue an order to that effect, setting out the terms and conditions
 126-11  of the authority granted.  The term of the loan or renewal shall be
 126-12  for the length of time that the court determines to be for the best
 126-13  interests of the ward or the ward's estate.  If a new lien is
 126-14  created on the property of a guardianship estate, the court may
 126-15  require that the guardian's general bond be increased, or that an
 126-16  additional bond be given, for the protection of the guardianship
 126-17  estate and its creditors, as for the sale of real property
 126-18  belonging to the estate.
 126-19        Sec. 782.  POWERS, DUTIES, AND OBLIGATIONS OF GUARDIAN OF
 126-20  PERSON ENTITLED TO GOVERNMENT FUNDS.  (a)  A guardian of the person
 126-21  for whom it is necessary to have a guardian appointed to receive
 126-22  funds from a governmental agency has the power to administer only
 126-23  the funds received from the governmental agency, all earnings,
 126-24  interest, or profits derived from the funds, and all property
 126-25  acquired with the funds.  The guardian has the power to receive the
 126-26  funds and pay out the expenses of administering the guardianship
 126-27  and the expenses for the support, maintenance, or education of the
  127-1  ward or the ward's dependents.  Expenditures for the support,
  127-2  maintenance, or education of the ward or the ward's dependents may
  127-3  not exceed $12,000 during any 12-month period without the court's
  127-4  approval.
  127-5        (b)  All acts performed before September 1, 1993, by
  127-6  guardians of the estate of a person for whom it is necessary to
  127-7  have a guardian appointed to receive and disburse funds that are
  127-8  due the person from a governmental source or agency are validated
  127-9  if the acts are performed in conformance with orders of a court
 127-10  that has venue with respect to the support, maintenance, and
 127-11  education of the ward or the ward's dependents and the investment
 127-12  of surplus funds of the ward under this chapter and if the validity
 127-13  of the act is not an issue in a probate proceeding or civil lawsuit
 127-14  that is pending on September 1, 1993.
 127-15                     SUBPART G.  CLAIMS PROCEDURES
 127-16        Sec. 783.  NOTICE BY GUARDIAN OF APPOINTMENT.  (a)  Within
 127-17  one month after receiving letters, personal representatives of
 127-18  estates shall send to the comptroller of public accounts by
 127-19  certified or registered mail if the decedent remitted or should
 127-20  have remitted taxes administered by the comptroller of public
 127-21  accounts and publish in some newspaper, printed in the county where
 127-22  the letters were issued, if there be one, a notice requiring all
 127-23  persons having a claim against the estate being administered to
 127-24  present the claim within the time prescribed by law.  The notice
 127-25  must include the time of issuance of letters held by the
 127-26  representative, the address to which a claim may be presented, and
 127-27  an instruction of the representative's choice that a claim be
  128-1  addressed in care of the representative, in care of the
  128-2  representative's attorney, or in care of "Representative, Estate of
  128-3  _________________" (naming the estate).
  128-4        (b)  A copy of the printed notice, with the affidavit of the
  128-5  publisher, duly sworn to and subscribed before a proper officer, to
  128-6  the effect that the notice was published as provided in this
  128-7  chapter for the service of citation or notice by publication, shall
  128-8  be filed in the court in which the cause is pending.
  128-9        (c)  When no newspaper is printed in the county, the notice
 128-10  shall be posted and the return made and filed as required by this
 128-11  chapter.
 128-12        Sec. 784.  NOTICE TO HOLDERS OF RECORDED CLAIMS.  (a)  Within
 128-13  four months after receiving letters, the guardian of an estate
 128-14  shall give notice of the issuance of the letters to each and every
 128-15  person having a claim for money against the estate of a ward if the
 128-16  claim is secured by a deed of trust, mortgage, or vendor's,
 128-17  mechanic's or other contractor's lien on real estate belonging to
 128-18  the estate.
 128-19        (b)  Within four months after receiving letters, the guardian
 128-20  of an estate shall give notice of the issuance of the letters to
 128-21  each person having an outstanding claim for money against the
 128-22  estate of a ward if the guardian has actual knowledge of the claim.
 128-23        (c)  The notice stating the original grant of letter shall be
 128-24  given by mailing the notice by certified mail or registered letter,
 128-25  with return receipt requested, addressed to the record holder of
 128-26  the indebtedness or claim at the last known post office address of
 128-27  the record holder.
  129-1        (d)  A copy of each notice required by Subsection (a) of this
  129-2  section, with the return receipt and an affidavit of the
  129-3  representative, stating that the notice was mailed as required by
  129-4  law, giving the name of the person to whom the notice was mailed,
  129-5  if not shown on the notice or receipt, shall be filed in the court
  129-6  from which letters were issued.
  129-7        Sec. 785.  ONE NOTICE SUFFICIENT; PENALTY FOR FAILURE TO GIVE
  129-8  NOTICE.  (a)  If the notice required by Section 784 of this code
  129-9  has been given by a former representative, or by one when several
 129-10  representatives are acting, the notice given by the former
 129-11  representative or co-representative is sufficient and need not be
 129-12  repeated by any successor or co-representative.
 129-13        (b)  If the guardian fails to give the notice required in
 129-14  other sections of this chapter or to cause the notices to be given,
 129-15  the guardian and the sureties on the bond of the guardian shall be
 129-16  liable for any damage that any person suffers because of the
 129-17  neglect, unless it appears that the person had notice otherwise.
 129-18        Sec. 786.  Claims Against Wards.  (a)  A claim may be
 129-19  presented to the guardian of the estate at any time when the estate
 129-20  is not closed and when suit on the claim has not been barred by the
 129-21  general statutes of limitation.
 129-22        (b)  A claim against a ward on which a suit is barred by a
 129-23  general statute of limitation applicable to the claim may not be
 129-24  allowed by a guardian.  If allowed by the guardian and the court is
 129-25  satisfied that limitation has run, the claim shall be disapproved.
 129-26        Sec. 787.  Tolling of General Statutes of Limitation.  The
 129-27  general statutes of limitation are tolled:
  130-1              (1)  by filing a claim that is legally allowed and
  130-2  approved; or
  130-3              (2)  by bringing a suit on a rejected and disapproved
  130-4  claim not later than the 90th day after the date of rejection or
  130-5  disapproval.
  130-6        Sec. 788.  Claims Must Be Authenticated.  Except as provided
  130-7  by this section, with respect to the payment of an unauthenticated
  130-8  claim by a guardian, a guardian of the estate may not allow and the
  130-9  court may not approve a claim for money against the estate, unless
 130-10  the claim is supported by an affidavit that the claim is just and
 130-11  that all legal offsets, payments, and credits known to the affiant
 130-12  have been allowed.  If the claim is not founded on a written
 130-13  instrument or account, the affidavit must also state the facts on
 130-14  which the claim is founded.  A photostatic copy of an exhibit or
 130-15  voucher necessary to prove a claim under this section may be
 130-16  offered with and attached to the claim instead of the original.
 130-17        Sec. 789.  When Defects of Form Are Waived.  Any defect of
 130-18  form or claim of insufficiency of exhibits or vouchers presented is
 130-19  deemed waived by the guardian unless written objection to the form,
 130-20  exhibit, or voucher is made not later than the 30th day after the
 130-21  date of presentment of the claim and is filed with the county
 130-22  clerk.
 130-23        Sec. 790.  Evidence Concerning Lost or Destroyed Claims.  If
 130-24  evidence of a claim is lost or destroyed, the claimant or a
 130-25  representative of the claimant may make affidavit to the fact of
 130-26  the loss or destruction, stating the amount, date, and nature of
 130-27  the claim and when due, that the claim is just, that all legal
  131-1  offsets, payments, and credits known to the affiant have been
  131-2  allowed, and that the claimant is still the owner of the claim.
  131-3  The claim must be proved by disinterested testimony taken in open
  131-4  court, or by oral or written deposition, before the claim is
  131-5  approved.  If the claim is allowed or approved without the
  131-6  affidavit or if the claim is approved without satisfactory proof,
  131-7  the allowance or approval is void.
  131-8        Sec. 791.  Authentication of Claim by Others Than Individual
  131-9  Owners.  The cashier, treasurer, or managing official of a
 131-10  corporation shall make the affidavit required to authenticate a
 131-11  claim of the corporation.  When an affidavit is made by an officer
 131-12  of a corporation, or by an executor, administrator, guardian,
 131-13  trustee, assignee, agent, or attorney, it is sufficient to state in
 131-14  the affidavit that the person making the affidavit has made
 131-15  diligent inquiry and examination and that the person believes that
 131-16  the claim is just and that all legal offsets, payments, and credits
 131-17  made known to the person making the affidavit have been allowed.
 131-18        Sec. 792.  Guardian's Payment of Unauthenticated Claims.  A
 131-19  guardian may pay an unauthenticated claim against the estate of the
 131-20  guardian's ward that the guardian believes to be just, but the
 131-21  guardian and the sureties on the bond of the guardian shall be
 131-22  liable for the amount of any payment of the claim if the court
 131-23  finds that the claim is not just.
 131-24        Sec. 793.  Method of Handling Secured Claims.  (a)  When a
 131-25  secured claim against a ward is presented, the claimant shall
 131-26  specify in the claim, in addition to all other matters required to
 131-27  be specified in claims:
  132-1              (1)  whether the claim shall be allowed and approved as
  132-2  a matured secured claim to be paid in due course of administration,
  132-3  in which event it shall be so paid if allowed and approved; or
  132-4              (2)  whether the claim shall be allowed, approved, and
  132-5  fixed as a preferred debt and lien against the specific property
  132-6  securing the indebtedness and paid according to the terms of the
  132-7  contract that secured the lien, in which event it shall be so
  132-8  allowed and approved if it is a valid lien; provided, however, the
  132-9  guardian may pay the claim prior to maturity if it is in the best
 132-10  interests of the estate to do so.
 132-11        (b)  If a secured claim is not presented within the time
 132-12  provided by law, it shall be treated as a claim to be paid in
 132-13  accordance with Subsection (a)(2) of this section.
 132-14        (c)  When an indebtedness has been allowed and approved under
 132-15  Subsection (a)(2) of this section, no further claim shall be made
 132-16  against other assets of the estate because of the indebtedness, but
 132-17  the claim remains a preferred lien against the property securing
 132-18  the claim, and the property remains security for the debt in any
 132-19  distribution or sale of the property before final maturity and
 132-20  payment of the debt.
 132-21        (d)  If property that secures a claim allowed, approved, and
 132-22  fixed under Subsection (a)(2) of this section is not sold or
 132-23  distributed not later than the 12th month after the date letters of
 132-24  guardianship are granted, the guardian of the estate shall promptly
 132-25  pay all maturities that have accrued on the debt according to the
 132-26  terms of the maturities and shall perform all the terms of any
 132-27  contract securing the maturities.  If the guardian defaults in the
  133-1  payment or performance, the court, on motion of the claim holder,
  133-2  shall require the sale of the property subject to the unmatured
  133-3  part of the debt and apply the proceeds of the sale to the
  133-4  liquidation of the maturities or, at the option of the claim
  133-5  holder, a motion may be made in a like manner to require the sale
  133-6  of the property free of the lien and to apply the proceeds to the
  133-7  payment of the whole debt.
  133-8        Sec. 794.  Claims Providing for Attorney's Fees.  If the
  133-9  instrument that evidences or supports a claim provides for
 133-10  attorney's fees, the claimant may include as a part of the claim
 133-11  the portion of the fee that the claimant has paid or contracted to
 133-12  pay to an attorney to prepare, present, and collect the claim.
 133-13        Sec. 795.  Depositing Claims With Clerk.  A claim may also be
 133-14  presented by depositing the claim, with vouchers and necessary
 133-15  exhibits and affidavit attached to the claim, with the clerk.  The
 133-16  clerk, on receiving the claim, shall advise the guardian of the
 133-17  estate or the guardian's attorney by letter mailed to the last
 133-18  known address of the guardian of the deposit of the claim.  If the
 133-19  guardian fails to act on the claim within 30 days after it is
 133-20  filed, the claim is presumed to be rejected.  Failure of the clerk
 133-21  to give notice as required under this section does not affect the
 133-22  validity of the presentment or the presumption of rejection of the
 133-23  claim because not acted on within the 30-day period.
 133-24        Sec. 796.  Memorandum of Allowance or Rejection of Claim.
 133-25  When a duly authenticated claim against a guardianship estate is
 133-26  presented to the guardian or filed with the clerk as provided by
 133-27  this subpart, the guardian shall, not later than the 30th day after
  134-1  the date the claim is presented or filed, endorse or annex to the
  134-2  claim a memorandum signed by the guardian stating the time of
  134-3  presentation or filing of the claim and that the guardian allows or
  134-4  rejects the claim, or what portion of the claim the guardian allows
  134-5  or rejects.
  134-6        Sec. 797.  Failure to Endorse or Annex Memorandum.  The
  134-7  failure of a guardian of an estate to endorse on or annex to a
  134-8  claim presented to the guardian, or the failure of a guardian to
  134-9  allow or reject the claim or portion of the claim within 30 days
 134-10  after the claim was presented constitutes a rejection of the claim.
 134-11  If the claim is later established by suit, the costs shall be taxed
 134-12  against the guardian, individually, or the guardian may be removed
 134-13  as in other cases of removal on the written complaint of any person
 134-14  interested in the claim, after personal service of citation,
 134-15  hearing, and proof.
 134-16        Sec. 798.  Claims Entered In Docket.  After a claim against a
 134-17  ward's estate has been presented to and allowed by the guardian,
 134-18  either in whole or in part, the claim shall be filed with the
 134-19  county clerk of the proper county who shall enter it on the claim
 134-20  docket.
 134-21        Sec. 799.  Contest of Claims, Action by Court, and Appeals.
 134-22  (a)  Any person interested in a ward, at any time before the court
 134-23  has acted on a claim, may appear and object in writing to the
 134-24  approval of the claim, or any part of the claim.  The parties are
 134-25  entitled to process for witnesses, and the court shall hear proof
 134-26  and render judgment as in ordinary suits.
 134-27        (b)  The court shall either approve in whole or in part or
  135-1  reject a claim that has been allowed and entered on the claim
  135-2  docket for a period of 10 days and shall at the same time classify
  135-3  the claim.
  135-4        (c)  Although a claim may be properly authenticated and
  135-5  allowed, if the court is not satisfied that it is just, the court
  135-6  shall examine the claimant and the guardian under oath and hear
  135-7  other evidence necessary to determine the issue.  If after the
  135-8  examination and hearing the court is not convinced that the claim
  135-9  is just, the court shall disapprove the claim.
 135-10        (d)  When the court has acted on a claim, the court shall
 135-11  endorse on or annex to the claim a written memorandum dated and
 135-12  signed officially that states the exact action taken by the court
 135-13  on the claim, whether the court approved or disapproved the claim
 135-14  or approved in part or rejected in part the claim, and that states
 135-15  the classification of the claim.  An order under this subsection
 135-16  has the force and effect of a final judgment.
 135-17        (e)  When a claimant or any person interested in a ward is
 135-18  dissatisfied with the action of the court on a claim, the claimant
 135-19  or person interested may appeal the action to the courts of
 135-20  appeals, as from other judgments of the county court in probate
 135-21  matters.
 135-22        Sec. 800.  SUIT ON REJECTED CLAIM.  When a claim or a part of
 135-23  a claim has been rejected by the guardian, the claimant shall
 135-24  institute suit on the claim in the court of original probate
 135-25  jurisdiction in which the guardianship is pending or in any other
 135-26  court of proper jurisdiction not later than the 90th day after the
 135-27  date of the rejection of the claim or the claim is barred.  When a
  136-1  rejected claim is sued on, the endorsement made on or annexed to
  136-2  the claim is taken to be true without further proof, unless denied
  136-3  under oath.  When a rejected claim or part of a claim has been
  136-4  established by suit, no execution shall issue but the judgment
  136-5  shall be certified not later than the 30th day after the date of
  136-6  rendition if the judgment is from a court other than the court of
  136-7  original probate jurisdiction, filed in the court in which the
  136-8  cause is pending entered on the claim docket, classified by the
  136-9  court, and handled as if originally allowed and approved in due
 136-10  course of administration.
 136-11        Sec. 801.  Presentment of Claims a Prerequisite for Judgment.
 136-12  A judgment may not be rendered in favor of a claimant on any claim
 136-13  for money that has not been legally presented to the guardian of
 136-14  the estate of the ward and rejected by the guardian or by the
 136-15  court, in whole or in part.
 136-16        Sec. 802.  Costs of Suit With Respect to Claims.  All costs
 136-17  incurred in the probate court with respect to claims are taxed as
 136-18  follows:
 136-19              (1)  if allowed and approved, the guardianship estate
 136-20  shall pay the costs;
 136-21              (2)  if allowed, but disapproved, the claimant shall
 136-22  pay the costs;
 136-23              (3)  if rejected, but established by suit, the
 136-24  guardianship estate shall pay the costs;
 136-25              (4)  if rejected, but not established by suit, the
 136-26  claimant shall pay the costs; or
 136-27              (5)  in suits to establish a claim after rejection in
  137-1  part, if the claimant fails to recover judgment for a greater
  137-2  amount than was allowed or approved, the claimant shall pay all
  137-3  costs.
  137-4        Sec. 803.  Claims by Guardians.  (a)  A claim that a guardian
  137-5  of the person or estate held against the ward at the time of the
  137-6  appointment of the guardian, or that has since accrued, shall be
  137-7  verified by affidavit as required in other cases and presented to
  137-8  the clerk of the court in which the guardianship is pending.  The
  137-9  clerk shall enter the claim on the claim docket, after which it
 137-10  shall take the same course as other claims.
 137-11        (b)  When a claim by a guardian has been filed with the court
 137-12  within the required time, the claim shall be entered on the claim
 137-13  docket and acted on by the court in the same manner as in other
 137-14  cases.  When the claim has been acted on by the court, an appeal
 137-15  from the judgment of the court may be taken as in other cases.
 137-16        Sec. 804.  Claims Not to Be Paid Unless Approved.  Except as
 137-17  provided for payment at the risk of a guardian of an
 137-18  unauthenticated claim, a claim for money against the estate of a
 137-19  ward or any part of a claim may not be paid until it has been
 137-20  approved by the court or established by the judgment of a court of
 137-21  competent jurisdiction.
 137-22        Sec. 805.  Order of Payment of Claims.  (a)  The guardian
 137-23  shall pay a claim against the estate of the guardian's ward that
 137-24  has been allowed and approved or established by suit, as soon as
 137-25  practicable, in the following order:
 137-26              (1)  expenses for the care, maintenance, and education
 137-27  of the ward or the ward's dependents;
  138-1              (2)  funeral expenses of the ward and expenses of the
  138-2  ward's last illness, if the guardianship is kept open after the
  138-3  death of the ward as provided under this chapter, except that any
  138-4  claim against the estate of a ward that has been allowed and
  138-5  approved or established by suit before the death of the ward shall
  138-6  be paid before the funeral expenses and expenses of the last
  138-7  illness;
  138-8              (3)  expenses of administration; and
  138-9              (4)  other claims against the ward or the  ward's
 138-10  estate.
 138-11        (b)  A claimant whose claim has not been paid may petition
 138-12  the court for determination of the claim at any time before it is
 138-13  barred by the applicable statute of limitations and on due proof
 138-14  procure an order for its allowance and payment from the estate.
 138-15        Sec. 806.  Deficiency of Assets.  When there is a deficiency
 138-16  of assets to pay all claims of the same class, the claims in the
 138-17  same class shall be paid pro rata, as directed by the court, and in
 138-18  the order directed.  A guardian may not be allowed to pay any
 138-19  claims, whether the estate is solvent or insolvent, except with the
 138-20  pro rata amount of the funds of the guardianship estate that have
 138-21  come to hand.
 138-22        Sec. 807.  GUARDIAN NOT TO PURCHASE CLAIMS.  A guardian may
 138-23  not purchase for the guardian's own use or for any purposes
 138-24  whatsoever a claim against the guardianship the guardian
 138-25  represents.  On written complaint by a person interested in the
 138-26  guardianship estate and satisfactory proof of violation of this
 138-27  provision, the court after citation and hearing shall enter its
  139-1  order cancelling the claim and no part of the claim shall be paid
  139-2  out of the guardianship.  The judge may remove the guardian for a
  139-3  violation of this section.
  139-4        Sec. 808.  PROCEEDS OF SALE OF MORTGAGED PROPERTY.  When a
  139-5  guardian has on hand the proceeds of a sale that has been made for
  139-6  the satisfaction of a mortgage or other lien and the proceeds, or
  139-7  any part of the proceeds, are not required for the payment of any
  139-8  debts against the estate that have a preference over the mortgage
  139-9  or other lien, the guardian shall pay the proceeds to a holder of
 139-10  the mortgage or other lien.  If the guardian fails to pay the
 139-11  proceeds as required by this section, the holder, on proof of the
 139-12  mortgage or other lien, may obtain an order from the court
 139-13  directing the payment to be made.
 139-14        Sec. 809.  Liability for Nonpayment of Claims.  (a)  If a
 139-15  guardian of an estate fails to pay on demand any money ordered by
 139-16  the court to be paid to any person, except to the state treasury,
 139-17  when there are funds of the guardianship estate available, the
 139-18  person or claimant entitled to the payment, on affidavit of the
 139-19  demand and failure to pay, is authorized to have execution issued
 139-20  against the property of the guardianship for the amount due, with
 139-21  interest and costs.
 139-22        (b)  On return of the execution not satisfied, or merely on
 139-23  the affidavit of demand and failure to pay, the court may cite the
 139-24  guardian and the sureties on the bond of the guardian to show cause
 139-25  why the guardian or the sureties should not be held liable for the
 139-26  debt, interest, costs, or damages.  On return of citation duly
 139-27  served, if good cause to the contrary is not shown, the court shall
  140-1  render judgment against the guardian and sureties that are cited
  140-2  under this subsection in favor of the holder of the claim for the
  140-3  unpaid amount ordered to be paid or established by suit, with
  140-4  interest and costs, and for damages on the amount neglected to be
  140-5  paid, at the rate of five percent per month for each month or
  140-6  fraction of a month that the payment was neglected to be paid after
  140-7  demand was made for payment.  The damages may be collected in any
  140-8  court of competent jurisdiction.
  140-9                           SUBPART H.  SALES
 140-10        Sec. 811.  Court Must Order Sales.  Except as provided by
 140-11  this subpart, the sale of any property of the ward may not be made
 140-12  without an order of court authorizing the sale.  The court may
 140-13  order property sold for cash or on credit, at public auction or
 140-14  privately, as it may consider most to the advantage of the estate,
 140-15  except when otherwise specifically provided in this chapter.
 140-16        Sec. 812.  CERTAIN PERSONAL PROPERTY TO BE SOLD.  (a)  The
 140-17  guardian of an estate, after approval of inventory and
 140-18  appraisement, shall promptly apply for an order of the court to
 140-19  sell at public auction or privately, for cash or on credit not
 140-20  exceeding six months, all of the estate that is liable to perish,
 140-21  waste, or deteriorate in value or that will be an expense or
 140-22  disadvantage to the estate if kept.  Property exempt from forced
 140-23  sale, a specific legacy, or personal property necessary to carry on
 140-24  a farm, ranch, factory, or any other business that it is thought
 140-25  best to operate, may not be included in a sale under this section.
 140-26        (b)  In determining whether to order the sale of an asset
 140-27  under Subsection (a) of this section, the court shall consider:
  141-1              (1)  the guardian's duty to take care of and manage the
  141-2  estate as a person of ordinary prudence, discretion, and
  141-3  intelligence would exercise in the management of the person's own
  141-4  affairs; and
  141-5              (2)  whether the asset constitutes an asset that a
  141-6  trustee is authorized to invest under Section 113.056 or Subchapter
  141-7  F, Chapter 113, Property Code.
  141-8        Sec. 813.  Sales of Other Personal Property.  On application
  141-9  by the guardian of the estate or by any interested person, the
 141-10  court may order the sale of any personal property of the estate not
 141-11  required to be sold by Section 812 of this code, including growing
 141-12  or harvested crops or livestock but not including exempt property,
 141-13  if the court finds that the sale of the property would be in the
 141-14  best interests of the ward or the ward's estate in order to pay
 141-15  expenses of the care, maintenance, and education of the ward or the
 141-16  ward's dependents, expenses of administration, allowances, or
 141-17  claims against the ward or the ward's estate, and funeral expenses
 141-18  of the ward and expenses of the ward's last illness, if the
 141-19  guardianship is kept open after the death of the ward, from the
 141-20  proceeds of the sale of the property.  Insofar as possible,
 141-21  applications and orders for the sale of personal property must
 141-22  conform to the requirements set forth under this chapter for
 141-23  applications and orders for the sale of real estate.
 141-24        Sec. 814.  Special Provisions Pertaining to Livestock.  When
 141-25  the guardian of an estate has in the guardian's possession any
 141-26  livestock that the guardian deems necessary or to the advantage of
 141-27  the estate to sell, the guardian may, in addition to any other
  142-1  method provided by law for the sale of personal property, obtain
  142-2  authority from the court in which the estate is pending to sell the
  142-3  livestock through a bonded livestock commission merchant or a
  142-4  bonded livestock auction commission merchant.  On written and sworn
  142-5  application by the guardian or by any person interested in the
  142-6  estate that describes the livestock sought to be sold and that sets
  142-7  out the reasons why it is deemed necessary or to the advantage of
  142-8  the estate that the application be granted, the court may authorize
  142-9  the sale.  The court shall consider the application and may hear
 142-10  evidence for or against the application, with or without notice, as
 142-11  the facts warrant.  If the application is granted, the court shall
 142-12  enter its order to that effect and shall authorize delivery of the
 142-13  livestock to any bonded livestock commission merchant or bonded
 142-14  livestock auction commission merchant for sale in the regular
 142-15  course of business.  The commission merchant shall be paid his
 142-16  usual and customary charges, not to exceed three percent of the
 142-17  sale price, for the sale of the livestock.  A report of the sale,
 142-18  supported by a verified copy of the merchant's account of sale,
 142-19  shall be made promptly by the guardian to the court, but no order
 142-20  of confirmation by the court is required to pass title to the
 142-21  purchaser of the livestock.
 142-22        Sec. 815.  Sales of Personal Property at Public Auction.  All
 142-23  sales of personal property at public auction shall be made after
 142-24  notice has been issued by the guardian of the estate and posted as
 142-25  in case of posting for original proceedings in probate, unless the
 142-26  court shall otherwise direct.
 142-27        Sec. 816.  Sales of Personal Property on Credit.  No more
  143-1  than six months' credit may be allowed when personal property is
  143-2  sold at public auction, based on the date of the sale.  The
  143-3  purchaser shall be required to give his note for the amount due,
  143-4  with good and solvent personal security, before delivery of the
  143-5  property can be made to the purchaser, but security may be waived
  143-6  if delivery is not to be made until the note, with interest, has
  143-7  been paid.
  143-8        Sec. 817.  SALE OF MORTGAGED PROPERTY.  On the filing of a
  143-9  written application, a creditor who holds a claim that is secured
 143-10  by a valid mortgage or other lien and that has been allowed and
 143-11  approved or established by suit may obtain from the court in which
 143-12  the guardianship is pending an order that the property, or so much
 143-13  of the property as necessary to satisfy the creditor's claim, shall
 143-14  be sold.  On the filing of the application, the clerk shall issue
 143-15  citation requiring the guardian of the estate to appear and show
 143-16  cause why an application filed under this section should not be
 143-17  granted.  If it appears to the court that it would be advisable to
 143-18  discharge the lien out of the general assets of the estate or that
 143-19  it be refinanced, the court may so order.  Otherwise, the court
 143-20  shall grant the application and order that the property be sold at
 143-21  public or private sale, as the court considers best, as in ordinary
 143-22  cases of sales of real estate.
 143-23        Sec. 818.  Sales of Personal Property Reported; Decree Vests
 143-24  Title.  All sales of personal property shall be reported to the
 143-25  court.  The laws regulating the confirmation or disapproval of
 143-26  sales of real estate apply to sales of personal property, but no
 143-27  conveyance shall be necessary.  The decree confirming the sale of
  144-1  personal property shall vest the right and title of the estate of
  144-2  the ward in the purchaser who has complied with the terms of the
  144-3  sale and shall be prima facie evidence that all requirements of the
  144-4  law in making the sale have been met.  The guardian of an estate
  144-5  may, on request, issue a bill of sale without warranty to the
  144-6  purchaser as evidence of title.  The expense of the bill of sale if
  144-7  requested is to be borne by the purchaser.
  144-8        Sec. 819.  Selection of Real Property Sold for Payment of
  144-9  Debts.  Real property of the ward that is selected to be sold for
 144-10  the payment of expenses or claims shall be that property that the
 144-11  court deems most advantageous to the guardianship to be sold.
 144-12        Sec. 820.  Application for Sale of Real Estate.  An
 144-13  application may be made to the court for an order to sell real
 144-14  property of the estate when it appears necessary or advisable in
 144-15  order to:
 144-16              (1)  pay expenses of administration, allowances, and
 144-17  claims against the ward or the ward's estate, and to pay funeral
 144-18  expenses of the ward and expenses of the ward's last illness, if
 144-19  the guardianship is kept open after the death of the ward;
 144-20              (2)  make up the deficiency when the income of a ward's
 144-21  estate, the personal property of the ward's estate, and the
 144-22  proceeds of previous sales, are insufficient to pay for the
 144-23  education and maintenance of the ward or to pay debts against the
 144-24  estate;
 144-25              (3)  dispose of property of the ward's estate that
 144-26  consists in whole or in part of an undivided interest in real
 144-27  estate when it is deemed in the best interests of the estate to
  145-1  sell the interest;
  145-2              (4)  dispose of real estate of a ward, any part of
  145-3  which is nonproductive or does not produce sufficient revenue to
  145-4  make a fair return on the value of the real estate, when the
  145-5  improvement of the real estate with a view to making it productive
  145-6  is not deemed advantageous or advisable and it appears that the
  145-7  sale of the real estate and the investment of the money derived
  145-8  from the sale of the real estate would be in the best interests of
  145-9  the estate; or
 145-10              (5)  conserve the estate of a ward by selling mineral
 145-11  interest or royalties on minerals in place owned by a ward.
 145-12        Sec. 821.  CONTENTS OF APPLICATION FOR SALE OF REAL ESTATE.
 145-13  An application for the sale of real estate shall be in writing,
 145-14  must describe the real estate or an interest in or part of the real
 145-15  estate sought to be sold, and shall be accompanied by an exhibit,
 145-16  verified by affidavit that shows fully and in detail:
 145-17              (1)  the condition of the estate;
 145-18              (2)  the charges and claims that have been approved or
 145-19  established by suit, or that have been rejected and may be
 145-20  established later;
 145-21              (3)  the amount of each claim that has been approved or
 145-22  established by suit, or that has been rejected but may be
 145-23  established later;
 145-24              (4)  the property of the estate remaining on hand
 145-25  liable for the payment of those claims; and
 145-26              (5)  any other facts that show the necessity or
 145-27  advisability of the sale.
  146-1        Sec. 822.  Setting of Hearing on Application.  When an
  146-2  application for the sale of real estate is filed, it shall
  146-3  immediately be called to the attention of the judge by the clerk.
  146-4  The judge shall designate in writing a day for hearing the
  146-5  application, any opposition to the application, and any application
  146-6  for the sale of other land, with the evidence pertaining to the
  146-7  application.  The judge may, by entries on the docket, continue the
  146-8  hearing from time to time until the judge is satisfied concerning
  146-9  the application.
 146-10        Sec. 823.  CITATION AND RETURN ON APPLICATION.  On the filing
 146-11  of an application for the sale of real estate under Section 820 of
 146-12  this code and exhibit, the clerk shall issue a citation to all
 146-13  persons interested in the guardianship that describes the land or
 146-14  interest or part of the land or interest sought to be sold and that
 146-15  requires the persons to appear at the time set by the court as
 146-16  shown in the citation and show cause why the sale should not be
 146-17  made, if they so elect.  Service of citation shall be by posting.
 146-18        Sec. 824.  Opposition to Application.  When an application
 146-19  for an order of sale is made, a person interested in the
 146-20  guardianship, before an order of sale is made by the court, may
 146-21  file the person's opposition to the sale, in writing, or may make
 146-22  application for the sale of other property of the estate.
 146-23        Sec. 825.  ORDER OF SALE.  If satisfied on hearing that the
 146-24  sale of the property of the guardianship described in the
 146-25  application made under Section 820 of this code is necessary or
 146-26  advisable, the court shall order the sale to be made.  Otherwise,
 146-27  the court may deny the application and, if the court deems best,
  147-1  may order the sale of other property the sale of which would be
  147-2  more advantageous to the estate.  An order for the sale of real
  147-3  estate must specify:
  147-4              (1)  the property to be sold, giving a description that
  147-5  will identify the property;
  147-6              (2)  whether the property is to be sold at public
  147-7  auction or at private sale, and, if at public auction, the time and
  147-8  place of the sale;
  147-9              (3)  the necessity or advisability of the sale and its
 147-10  purpose;
 147-11              (4)  except in cases in which no general bond is
 147-12  required, that, having examined the general bond of the
 147-13  representative of the estate, the court finds it to be sufficient
 147-14  as required by law, or finds the bond to be insufficient and
 147-15  specifies the necessary or increased bond;
 147-16              (5)  that the sale shall be made and the report
 147-17  returned in accordance with law; and
 147-18              (6)  the terms of the sale.
 147-19        Sec. 826.  Procedure When Guardian Neglects to Apply for
 147-20  Sale.  When the guardian of an estate neglects to apply for an
 147-21  order to sell sufficient property to pay the charges and claims
 147-22  against the estate that have been allowed and approved or
 147-23  established by suit, an interested person, on written application,
 147-24  may cause the guardian to be cited to appear and make a full
 147-25  exhibit of the condition of the estate, and show cause why a sale
 147-26  of the property should not be ordered.  On hearing an application
 147-27  made under this section, if the court is satisfied that a sale of
  148-1  the property is necessary or advisable in order to satisfy the
  148-2  claims, it shall enter an order of sale as provided by Section 825
  148-3  of this code.
  148-4        Sec. 827.  Permissible Terms of Sale of Real Estate.  (a)
  148-5  The real estate may be sold for cash, or for part cash and part
  148-6  credit, or the equity in land securing an indebtedness may be sold
  148-7  subject to the indebtedness, or with an assumption of the
  148-8  indebtedness, at public or private sale, as appears to the court to
  148-9  be in the best interests of the estate.  When real estate is sold
 148-10  partly on credit, the cash payment may not be less than one-fifth
 148-11  of the purchase price, and the purchaser shall execute a note for
 148-12  the deferred payments payable in monthly, quarterly, semiannual or
 148-13  annual installments, of the amounts as appear to the court to be
 148-14  for the best interests of the guardianship, to bear interest from
 148-15  date at a rate of not less than four percent per annum, payable as
 148-16  provided in the note.  Default in the payment of principal or
 148-17  interest, or any part of the payment when due, at the election of
 148-18  the holder of the note, matures the whole debt.  The note shall be
 148-19  secured by vendor's lien retained in the deed and in the note on
 148-20  the property sold and shall be further secured by deed of trust on
 148-21  the property sold, with the usual provisions for foreclosure and
 148-22  sale on failure to make the payments provided in the deed and the
 148-23  note.
 148-24        (b)  When an estate owning real estate by virtue of
 148-25  foreclosure of a vendor's lien or mortgage belonging to the estate
 148-26  either by judicial sale or by a foreclosure suit, by sale under
 148-27  deed of trust, or by acceptance of a deed in cancellation of a lien
  149-1  or mortgage owned by the estate, and it appears to the court that
  149-2  an application to redeem the property foreclosed on has been made
  149-3  by the former owner of the real estate to any corporation or agency
  149-4  created by any act of the Congress of the United States or of this
  149-5  state in connection with legislation for the relief of owners of
  149-6  mortgaged or encumbered homes, farms, ranches, or other real estate
  149-7  and that it would be in the best interests of the estate to own
  149-8  bonds of one of the above named federal or state corporations or
  149-9  agencies instead of the real estate, then on proper application and
 149-10  proof, the court may dispense with the provisions of credit sales
 149-11  as provided by Subsection (a) of this section, and may order
 149-12  reconveyance of the property to the former mortgage debtor, or
 149-13  former owner, reserving vendor's lien notes for the total amount of
 149-14  the indebtedness due or for the total amount of bonds that the
 149-15  corporation or agency above named is under its rules and
 149-16  regulations allowed to advance.  On obtaining the order, it shall
 149-17  be proper for the guardian to endorse and assign the notes so
 149-18  obtained over to any one of the corporations or agencies above
 149-19  named in exchange for bonds of that corporation or agency.
 149-20        Sec. 828.  Public Sale of Real Estate.  (a)  Except as
 149-21  otherwise provided by this chapter, all public sales of real estate
 149-22  shall be advertised by the guardian of the estate by a notice
 149-23  published in the county in which the estate is pending, as provided
 149-24  by this chapter for publication of notices or citations.  A
 149-25  reference in the notice shall be made to the order of sale, the
 149-26  time, place, and the required terms of sale, and a brief
 149-27  description of the property to be sold.  A reference made under
  150-1  this section does not have to contain field notes, but if the real
  150-2  estate consists of rural property, the name of the original survey,
  150-3  the number of acres, its locality in the county, and the name by
  150-4  which the land is generally known must be contained in the
  150-5  reference.
  150-6        (b)  All public sales of real estate shall be made at public
  150-7  auction to the highest bidder.
  150-8        (c)  All public sales of real estate shall be made in the
  150-9  county in which the guardianship proceedings are pending, at the
 150-10  courthouse door of the county, or at another place in the county
 150-11  where sales of real estate are specifically authorized to be made,
 150-12  on the first Tuesday of the month after publication of notice has
 150-13  been completed, between the hours of 10 a.m. and 4 p.m.  If deemed
 150-14  advisable by the court, the court may order the sale to be made in
 150-15  the county in which the land is located, in which event notice
 150-16  shall be published both in that county and in the county in which
 150-17  the proceedings are pending.
 150-18        (d)  If a sale is not completed on the day advertised, the
 150-19  sale may be continued from day to day by making an oral public
 150-20  announcement of the continuance at the conclusion of the sale each
 150-21  day.  The continued sale is to be made within the same hours as
 150-22  prescribed by Subsection (c) of this section.  If sales are so
 150-23  continued, the fact shall be shown in the report of sale made to
 150-24  the court.
 150-25        (e)  When a person who bids on property of a guardianship
 150-26  estate offered for sale at public auction fails to comply with the
 150-27  terms of sale, the property shall be readvertised and sold without
  151-1  any further order.  The person who defaults shall be liable to pay
  151-2  to the guardian of the estate, for the benefit of the estate, 10
  151-3  percent of the amount of the person's bid and any deficiency in
  151-4  price on the second sale.  The guardian shall recover the amounts
  151-5  by suit in any court in the county in which the sale was made that
  151-6  has jurisdiction over the amount claimed.
  151-7        Sec. 829.  Private Sale of Real Estate.  All private sales of
  151-8  real estate shall be made in the manner the court directs in its
  151-9  order of sale, and no further advertising, notice, or citation
 151-10  concerning the sale shall be required unless the court shall direct
 151-11  otherwise.
 151-12        Sec. 830.  Sales of Easements and Rights of Way.  The
 151-13  guardian may sell and convey easements and rights of way on, under,
 151-14  and over the land of a guardianship estate that is being
 151-15  administered under orders of a court, regardless of whether the
 151-16  proceeds of the sale are required for payment of charges or claims
 151-17  against the estate, or for other lawful purposes.  The procedure
 151-18  for the sale is the same as provided by law for a sale of real
 151-19  property of wards at private sale.
 151-20        Sec. 831.  Guardian Purchasing Property of the Estate.  (a)
 151-21  Except as provided by Subsection (b) or (c) of this section, the
 151-22  guardian of an estate may not purchase, directly or indirectly, any
 151-23  property of the estate sold by the guardian, or by any
 151-24  co-representative of a guardian.
 151-25        (b)  A guardian may purchase property from the estate in
 151-26  compliance with the terms of a written executory contract signed by
 151-27  the ward before the ward became incapacitated, including a contract
  152-1  for deed, earnest money contract, buy/sell agreement, or stock
  152-2  purchase or redemption agreement.
  152-3        (c)  After issuing the notice required by this subsection, a
  152-4  guardian of an estate may purchase property from the estate on the
  152-5  court's determination that the sale is in the best interest of the
  152-6  estate.  The guardian shall give notice by certified mail, return
  152-7  receipt requested, unless the court requires another form of
  152-8  notice, to each distributee of a deceased person's estate and to
  152-9  each creditor whose claim remains unsettled after presenting a
 152-10  claim within six months of the original grant of letters.  In the
 152-11  case of an application filed by the guardian of the estate of a
 152-12  ward, the court shall appoint an attorney ad litem to represent the
 152-13  ward with respect to the sale.  The court may require additional
 152-14  notice or it may allow for the waiver of the notice required for a
 152-15  sale made under this subsection.
 152-16        (d)  If a purchase is made in violation of this section, a
 152-17  person interested in the estate may file a written complaint with
 152-18  the court in which the guardianship proceedings are pending.  On
 152-19  service of citation on the guardian and after hearing and proof,
 152-20  the court shall declare the sale void, set aside the sale, and
 152-21  order that the property be reconveyed to the estate.  All costs of
 152-22  the sale, protest, and suit, if found necessary, shall be adjudged
 152-23  against the guardian.
 152-24        Sec. 832.  REPORT OF SALE.  A sale of real property of an
 152-25  estate shall be reported to the court that orders the sale not
 152-26  later than the 30th day after the date the sale is made.  A report
 152-27  must be in writing, sworn to, filed with the clerk, and noted on
  153-1  the probate docket.  A report made under this section must contain:
  153-2              (1)  the date of the order of sale;
  153-3              (2)  a description of the property sold;
  153-4              (3)  the time and place of sale;
  153-5              (4)  the name of the purchaser;
  153-6              (5)  the amount for which each parcel of property or
  153-7  interest in the parcel of property was sold;
  153-8              (6)  the terms of the sale, and whether the sale was
  153-9  private or made at a public auction; and
 153-10              (7)  whether the purchaser is ready to comply with the
 153-11  order of sale.
 153-12        Sec. 833.  BOND ON SALE OF REAL ESTATE.  If the guardian of
 153-13  the estate is not required by this chapter to furnish a general
 153-14  bond, the court may confirm the sale if the court finds the sale is
 153-15  satisfactory and in accordance with law.  Otherwise, before a sale
 153-16  of real estate is confirmed, the court shall determine whether the
 153-17  general bond of the guardian is sufficient to protect the estate
 153-18  after the proceeds of the sale are received.  If the court finds
 153-19  the bond is sufficient, the court may confirm the sale.  If the
 153-20  general bond is found by the court to be insufficient, the court
 153-21  may not confirm the sale until the general bond is increased to the
 153-22  amount required by the court, or an additional bond is given and
 153-23  approved by the court.  The increase in the amount of the bond, or
 153-24  the additional bond, shall be equal to the amount for which the
 153-25  real estate is sold in addition to any additional sum the court
 153-26  finds necessary and sets for the protection of the estate.  If the
 153-27  real estate sold is encumbered by a lien to secure a claim against
  154-1  the estate, is sold to the owner or holder of the secured claim,
  154-2  and is in full payment, liquidation, and satisfaction of the claim,
  154-3  an increased general bond or additional bond may not be required
  154-4  except for the amount of cash actually paid to the guardian of the
  154-5  estate in excess of the amount necessary to pay, liquidate, and
  154-6  satisfy the claim in full.
  154-7        Sec. 834.  ACTION OF COURT ON REPORT OF SALE.  After the
  154-8  expiration of five days from the date a report of sale is filed
  154-9  under Section 832 of this code, the court shall inquire into the
 154-10  manner in which the sale was made, hear evidence in support of or
 154-11  against the report, and determine the sufficiency or insufficiency
 154-12  of the guardian's general bond, if any has been required and given.
 154-13  If the court is satisfied that the sale was for a fair price, was
 154-14  properly made, and conforms with the law and the court has approved
 154-15  any increased or additional bond that may have been found necessary
 154-16  to protect the estate, the court shall enter a decree confirming
 154-17  the sale showing conformity with other provisions of this chapter
 154-18  relating to the sale and authorizing the conveyance of the property
 154-19  to be made by the guardian of the estate on compliance by the
 154-20  purchaser with the terms of the sale, detailing those terms.  If
 154-21  the court is not satisfied that the sale was for a fair price, was
 154-22  properly made, and conforms with the law, the court shall issue an
 154-23  order that sets the sale aside and order a new sale to be made, if
 154-24  necessary.  The action of the court in confirming or disapproving a
 154-25  report of sale has the force and effect of a final judgment.  Any
 154-26  person interested in the guardianship estate or in the sale has the
 154-27  right to have the decrees reviewed as in other final judgments in
  155-1  probate proceedings.
  155-2        Sec. 835.  DEED CONVEYS TITLE TO REAL ESTATE.  When real
  155-3  estate is sold, the conveyance of real estate shall be by proper
  155-4  deed that refers to and identifies the decree of the court that
  155-5  confirmed the sale.  The deed shall vest in the purchaser all
  155-6  right, title, and interest of the estate to the property and shall
  155-7  be prima facie evidence that the sale has met all applicable
  155-8  requirements of the law.
  155-9        Sec. 836.  Delivery of Deed, Vendor's Lien, and Deed of Trust
 155-10  Lien.  After a sale is confirmed by the court and one purchaser has
 155-11  complied with the terms of sale, the guardian of the estate shall
 155-12  execute and deliver to the purchaser a proper deed conveying the
 155-13  property.  If the sale is made partly on credit, the vendor's lien
 155-14  securing a purchase money note shall be expressly retained in the
 155-15  deed and may not be waived.  Before actual delivery of the deed to
 155-16  the purchaser, the purchaser shall execute and deliver to the
 155-17  guardian of the estate a vendor's lien note, with or without
 155-18  personal sureties as the court has ordered and a deed of trust or
 155-19  mortgage on the property as further security for the payment of the
 155-20  note.  On completion of the transaction, the guardian shall
 155-21  promptly file and record in the appropriate records in the county
 155-22  where the land is located the deed of trust or mortgage.
 155-23        Sec. 837.  PENALTY FOR NEGLECT.  If the guardian of an estate
 155-24  neglects to comply with Section 836 of this code or fails to file
 155-25  the deed of trust securing the lien in the proper county, the
 155-26  guardian, after complaint and citation, may be removed.  The
 155-27  guardian and the sureties on the bond of the guardian shall be held
  156-1  liable for the use of the estate and for all damages resulting from
  156-2  the neglect of the guardian.  Damages under this section may be
  156-3  recovered in a court of competent jurisdiction.
  156-4                    SUBPART I.  HIRING AND RENTING
  156-5        Sec. 839.  Hiring or Renting Without Order of Court.  The
  156-6  guardian of an estate, without court order, may rent any real
  156-7  property of the estate or hire out any personal property of the
  156-8  estate for one year or less, either at public auction or privately,
  156-9  as may be deemed in the best interests of the estate.
 156-10        Sec. 840.  LIABILITY OF GUARDIAN.  If property of the
 156-11  guardianship estate is hired or rented without court order, on the
 156-12  sworn complaint of any person interested in the estate, the
 156-13  guardian of the estate shall be required to account to the estate
 156-14  for the reasonable value of the hire or rent of the property to be
 156-15  ascertained by the court on satisfactory evidence.
 156-16        Sec. 841.  ORDER TO HIRE OR RENT.  A guardian of an estate
 156-17  may file a written application with the court setting forth the
 156-18  property sought to be hired or rented.  If the proposed rental
 156-19  period is one year or more, the guardian of the estate shall file a
 156-20  written application with the court setting forth the property
 156-21  sought to be hired or rented.  If the court finds that it would be
 156-22  in the interests of the estate, the court shall grant the
 156-23  application and issue an order that describes the property to be
 156-24  hired or rented and states whether the hiring or renting shall be
 156-25  at public auction or privately, whether for cash or on credit, and,
 156-26  if on credit, the extent of the credit and the period for which the
 156-27  property may be rented.  If the property is to be hired or rented
  157-1  at public auction, the court shall prescribe whether notice shall
  157-2  be published or posted.
  157-3        Sec. 842.  PROCEDURE IN CASE OF NEGLECT TO RENT PROPERTY.  A
  157-4  person interested in a guardianship may file a written and sworn
  157-5  complaint in a court in which the estate is pending and cause the
  157-6  guardian of the estate to be cited to appear and show cause why the
  157-7  guardian did not hire or rent any property of the estate.  The
  157-8  court, on hearing the complaint, shall make an order that is in the
  157-9  best interests of the estate.
 157-10        Sec. 843.  PROPERTY HIRED OR RENTED ON CREDIT.  When property
 157-11  is hired or rented on credit, possession of the property may not be
 157-12  delivered until the hirer or renter has executed and delivered to
 157-13  the guardian of the estate a note with good personal security for
 157-14  the amount of the hire or rental.  If the property that is hired or
 157-15  rented is delivered without the receipt of the security required
 157-16  under this section, the guardian and the sureties on the bond of
 157-17  the guardian shall be liable for the full amount of the hire or
 157-18  rental.  This section does not apply to a hire or rental that is
 157-19  paid in installments in advance of the period of time to which they
 157-20  relate.
 157-21        Sec. 844.  PROPERTY HIRED OR RENTED RETURNED IN GOOD
 157-22  CONDITION.  All property that is hired or rented, with or without a
 157-23  court order, shall be returned to the possession of the
 157-24  guardianship in as good a condition, reasonable wear and tear
 157-25  excepted, as when the property was hired or rented.  It shall be
 157-26  the duty and responsibility of the guardian of the estate to see
 157-27  that the property is returned as provided by this section, to
  158-1  report to the court any loss, damage, or destruction of property
  158-2  that is hired or rented under this chapter, and to ask for
  158-3  authority to take action as is necessary.  If the guardian fails to
  158-4  act as required by this section, the guardian and the sureties on
  158-5  the bond of the guardian shall be liable to the guardianship for
  158-6  any loss or damage suffered through the fault of the guardian to
  158-7  act as required under this section.
  158-8        Sec. 845.  REPORT OF HIRING OR RENTING.  (a)  When any
  158-9  property of the guardianship estate with an appraised value of
 158-10  $3,000 or more has been hired or rented, the guardian of the
 158-11  estate, not later than the 30th day after the date of the hire or
 158-12  rental, shall file with the court a sworn and written report that
 158-13  states:
 158-14              (1)  the property involved and its appraised value;
 158-15              (2)  the date of hiring or renting, and whether at
 158-16  public auction or privately;
 158-17              (3)  the name of the person who hired or rented the
 158-18  property;
 158-19              (4)  the amount of the hiring or rental; and
 158-20              (5)  whether the hiring or rental was for cash or on
 158-21  credit, and, if on credit, the length of time, the terms, and the
 158-22  security taken for the hiring or rental.
 158-23        (b)  When the value of the property involved is less than
 158-24  $3,000, the hiring or renting of the property may be reported in
 158-25  the next annual or final account that is to be filed as required by
 158-26  law.
 158-27        Sec. 846.  Court Action on Report.  After five days from the
  159-1  time the report of the hiring or rental is filed, the court shall
  159-2  examine the report and shall approve and confirm the hiring or
  159-3  rental by court order if the court finds the hire or rental just
  159-4  and reasonable.  If the court disapproves the hiring or rental, the
  159-5  guardianship may not be bound and the court may order another
  159-6  offering of the property for hire or rent in the same manner and
  159-7  subject to the same rules provided in this chapter for property for
  159-8  hire or rent.  If the report has been approved by the court and it
  159-9  later appears that, due to the fault of the guardian of the estate,
 159-10  the property has not been hired or rented for its reasonable value,
 159-11  the court shall cause the guardian of the estate and the sureties
 159-12  on the bond of the guardian to appear and show cause why the
 159-13  reasonable value of the hire or rental of the property should not
 159-14  be adjudged against the guardian or sureties.
 159-15    SUBPART J.  MINERAL LEASES, POOLING OR UNITIZATION AGREEMENTS,
 159-16           AND OTHER MATTERS RELATING TO MINERAL PROPERTIES
 159-17        Sec. 847.  MINERAL LEASES AFTER PUBLIC NOTICE.  (a)  In this
 159-18  subpart:
 159-19              (1)  "Land" or "interest in land" includes minerals or
 159-20  any interest in any of the minerals in place.
 159-21              (2)  "Mineral development" includes exploration, by
 159-22  geophysical or by any other means, drilling, mining, developing,
 159-23  and operating, and producing and saving oil, other liquid
 159-24  hydrocarbons, gas (including all liquid hydrocarbons in the gaseous
 159-25  phase in the reservoir), gaseous elements, sulphur, metals, and all
 159-26  other minerals, solid or otherwise.
 159-27              (3)  "Property" includes land, minerals in place,
  160-1  whether solid, liquid, or gaseous, as well as an interest of any
  160-2  kind in the property, including royalty, owned by the estate.
  160-3        (b)  A guardian acting solely under an order of a court, may
  160-4  be authorized by the court in which the guardianship proceeding is
  160-5  pending to make, execute, and deliver leases, with or without
  160-6  unitization clauses or pooling provisions, that provide for the
  160-7  exploration for, and development and production of, oil, other
  160-8  liquid hydrocarbons, gas (including all liquid hydrocarbons in the
  160-9  gaseous phase), metals, and other solid minerals, and other
 160-10  minerals, or any of those minerals in place, belonging to the
 160-11  estate.
 160-12        (c)  All leases authorized by Subsection (b) of this section,
 160-13  with or without pooling provisions or unitization clauses, shall be
 160-14  made and entered into pursuant to and in conformity with
 160-15  Subsections (d)-(m) of this section.
 160-16        (d)  The guardian of the estate shall file a written
 160-17  application with the court seeking authority to lease property of
 160-18  the estate for mineral exploration and development, with or without
 160-19  pooling provisions or unitization clauses.  The name of any
 160-20  proposed lessee or the terms, provisions, or form of any desired
 160-21  lease do not need to be set out or suggested in the application.
 160-22  The application shall:
 160-23              (1)  describe the property fully enough by reference to
 160-24  the amount of acreage, the survey name or number, abstract number,
 160-25  or other description that adequately identifies the property and
 160-26  its location in the county in which the property is located;
 160-27              (2)  specify the interest thought to be owned by the
  161-1  estate if less than the whole, but asking for authority to include
  161-2  all interest owned by the estate if that is the intention; and
  161-3              (3)  set out the reasons why the particular property of
  161-4  the estate should be leased.
  161-5        (e)  When an application to lease is filed, under this
  161-6  section, the county clerk shall immediately call the filing of the
  161-7  application to the attention of the court.  The judge shall
  161-8  promptly make and enter a brief order designating the time and
  161-9  place for the hearing of the application.  If the hearing does not
 161-10  take place at the time originally designated by the court or by
 161-11  timely order of continuance duly entered, the hearing shall be
 161-12  automatically continued without further notice to the same hour or
 161-13  time the following day, except Sundays and holidays on which the
 161-14  county courthouse is officially closed to business, and from day to
 161-15  day until the application is finally acted on and disposed of by
 161-16  order of the court.  No notice of the automatic continuance shall
 161-17  be required.
 161-18        (f)  The guardian shall give written notice directed to all
 161-19  persons interested in the estate of the time designated by the
 161-20  judge for the hearing on the application to lease.  The notice must
 161-21  be dated, state the date on which the application was filed,
 161-22  describe briefly the property sought to be leased, specify the
 161-23  fractional interest sought to be leased if less than the entire
 161-24  interest in the tract identified, and state the time and place
 161-25  designated by the judge for the hearing.  Exclusive of the date of
 161-26  notice and of the date set for hearing, the guardian shall give at
 161-27  least 10 days' notice  by publishing in one issue of a newspaper of
  162-1  general circulation in the county in which the proceeding is
  162-2  pending or by posting if there is no newspaper in the county.
  162-3  Posting under this section may be done at the guardian's instance.
  162-4  The date of notice when published shall be the date the newspaper
  162-5  bears.
  162-6        (g)  A court order authorizing any acts to be performed
  162-7  pursuant to the application is null and void in the absence of:
  162-8              (1)  a written order originally designating a time and
  162-9  place for hearing;
 162-10              (2)  a notice issued by the guardian of the estate in
 162-11  compliance with the order; and
 162-12              (3)  proof of publication or posting of the notice as
 162-13  required.
 162-14        (h)  At the time and place designated for the hearing, or at
 162-15  any time to which the hearing has been continued as provided by
 162-16  this section, the judge shall hear the application and require
 162-17  proof as to the necessity or advisability of leasing for mineral
 162-18  development the property described in the application and in the
 162-19  notice.  If the judge is satisfied that the application is in due
 162-20  form, that notice has been duly given in the manner and for the
 162-21  time required by law, that the proof of necessity or advisability
 162-22  of leasing is sufficient, and that the application should be
 162-23  granted, the judge shall enter an order so finding and authorizing
 162-24  the making of one or more leases, with or without pooling
 162-25  provisions or unitization clauses (with or without cash
 162-26  consideration if deemed by the court to be in the best interest of
 162-27  the estate) that affects and covers the property or portions of the
  163-1  property described in the application.  The order that authorizes
  163-2  the leasing must also set out the following mandatory contents:
  163-3              (1)  the name of the lessee;
  163-4              (2)  the actual cash consideration, if any, to be paid
  163-5  by the lessee;
  163-6              (3)  a finding that the guardian is exempt by law from
  163-7  giving bond if that is a fact, and if the guardian is required to
  163-8  give a bond, then a finding as to whether or not the guardian's
  163-9  general bond on file is sufficient to protect the personal property
 163-10  on hand, inclusive of any cash bonus to be paid;  but if the court
 163-11  finds the general bond is insufficient to meet these requirements,
 163-12  the order shall show the amount of increased or additional bond
 163-13  required to cover the deficiency;
 163-14              (4)  a complete exhibit copy, either written or
 163-15  printed, of each lease authorized to be made, either set out in,
 163-16  attached to,  incorporated by reference in, or made a part of the
 163-17  order.
 163-18        (i)  An exhibit copy must show the name of the lessee, the
 163-19  date of the lease, an adequate description of the property being
 163-20  leased, the delay rental, if any, to be paid to defer commencement
 163-21  of operations, and all other terms and provisions authorized.  If
 163-22  no date of the lease appears in the exhibit copy or in the court's
 163-23  order, then the date of the court's order is considered for all
 163-24  purposes as the date of the authorized lease.  If the name and
 163-25  address of a depository bank for receiving rental is not shown in
 163-26  the exhibit copy, the name or address of the depository bank may be
 163-27  inserted or caused to be inserted in the lease by the estate's
  164-1  guardian at the time of its execution or at any other time
  164-2  agreeable to the lessee, his successors, or assigns.
  164-3        (j)  On the hearing of an application for authority to lease,
  164-4  if the court grants the authority to lease, the guardian of the
  164-5  estate is fully authorized to make, not later than the 30th day
  164-6  after the date of the judge's order, unless an extension is granted
  164-7  by the court on a sworn application showing good cause, the lease
  164-8  as evidenced by the true exhibit copies in accordance with the
  164-9  order.   Unless the guardian is not required to give a general
 164-10  bond, a lease for which a cash consideration is required, though
 164-11  ordered, executed, and delivered, is not valid unless the order
 164-12  authorizing the lease actually makes a finding with respect to the
 164-13  general bond.  If the general bond has been found insufficient, the
 164-14  lease is not valid until the bond has been increased or an
 164-15  additional bond given with the sureties required by law as required
 164-16  by the court order, has been approved by the judge, and has been
 164-17  filed with the clerk of the court in which the proceeding is
 164-18  pending.  If two or more leases on different lands are authorized
 164-19  by the same order, the general bond shall be increased or
 164-20  additional bonds given to cover all.  It is not necessary for the
 164-21  judge to make any order confirming the leases.
 164-22        (k)  Every lease when executed and delivered in compliance
 164-23  with the rules set out in this section shall be valid and binding
 164-24  on the property or interest owned by the estate and covered by the
 164-25  lease for the full duration of the term as provided in the lease
 164-26  and is subject only to its terms and conditions even though the
 164-27  primary term extends beyond the date when the estate is  closed in
  165-1  accordance with law.  In order for a lease to be valid and binding
  165-2  on the property or interest owned by the estate under this section,
  165-3  the authorized primary term in the lease may not exceed five years,
  165-4  subject to terms and provisions of the lease extending it beyond
  165-5  the primary term by paying production, by bona fide drilling or
  165-6  reworking operations, whether in or on the same or additional well
  165-7  or wells with no cessation of operations of more than 60
  165-8  consecutive days before production has been restored or obtained,
  165-9  or by the provisions of the lease relating to a shut-in gas well.
 165-10        (l)  As to any existing valid mineral lease executed and
 165-11  delivered in compliance with this chapter before September 1, 1993,
 165-12  a provision of the lease continuing the lease in force after its
 165-13  five-year primary term by a shut-in gas well is validated, unless
 165-14  the validity of the provision is an issue in  a lawsuit pending in
 165-15  this state on September 1, 1993.
 165-16        (m)  Any oil, gas, and mineral lease executed by a guardian
 165-17  under this chapter may be amended by an instrument that provides
 165-18  that a shut-in gas well on the land covered by the lease or on land
 165-19  pooled with all or some part of the land covered by the lease shall
 165-20  continue the lease in force after its five-year primary term.  The
 165-21  instrument shall be executed by the guardian, with court approval,
 165-22  and on the terms and conditions as may be prescribed in the
 165-23  instrument.
 165-24        Sec. 848.  MINERAL LEASES AT PRIVATE SALE.
 165-25  (a)  Notwithstanding the mandatory requirements for setting a time
 165-26  and place for hearing of an application to lease under Section 847
 165-27  of this code and the issuance, service, and return of notice, the
  166-1  court may authorize the making of oil, gas, and mineral leases at
  166-2  private sale without public notice or advertising if, in the
  166-3  opinion of the court, sufficient facts are set out in the
  166-4  application to show that it would be more advantageous to the
  166-5  estate that a lease be made privately and without compliance with
  166-6  the mandatory requirements under Section 847 of this code.  Leases
  166-7  authorized under this section may include pooling provisions or
  166-8  unitization clauses as in other cases.
  166-9        (b)  At any time after the expiration of five days and before
 166-10  the expiration of the 10th day after the date of filing and without
 166-11  an order setting the time and place of hearing, the court shall
 166-12  hear the application to lease at a private sale.  The court shall
 166-13  inquire into the manner in which the proposed lease has been or
 166-14  will be made and shall hear evidence for or against the
 166-15  application.  If the court is satisfied that the lease has been or
 166-16  will be made for a fair and sufficient consideration and on fair
 166-17  terms and has been or will be properly made in conformity with the
 166-18  law, the court shall enter an order authorizing the execution of
 166-19  the lease without the necessity of advertising, notice, or
 166-20  citation.  An order entered under this subsection must comply in
 166-21  all other respects with the requirements essential to the validity
 166-22  of mineral leases set out in this chapter as if advertising or
 166-23  notice were required.  An order that confirms a lease made at a
 166-24  private sale does not need to be issued.  A lease made at a private
 166-25  sale is not valid until the increased or additional bond required
 166-26  by the court, if any, has been approved by the court and filed with
 166-27  the clerk of the court.
  167-1        Sec. 849.  Pooling or Unitization of Royalty or Minerals.
  167-2  (a)  When an existing lease on property owned by the estate does
  167-3  not adequately provide for pooling or unitization, the court may
  167-4  authorize the commitment of royalty or mineral interests in oil,
  167-5  liquid hydrocarbons, gas (including all liquid hydrocarbons in the
  167-6  gaseous phase in the reservoir), gaseous elements, and other
  167-7  minerals or any one or more of them owned by the estate being
  167-8  administered to agreements that provide for the operation of areas
  167-9  as a pool or unit for the exploration, development, and production
 167-10  of all those minerals, if the court finds that the pool or unit to
 167-11  which the agreement relates will be operated in such a manner as to
 167-12  protect correlative rights, or to prevent the physical or economic
 167-13  waste of oil, liquid hydrocarbons, gas (including all liquid
 167-14  hydrocarbons in the gaseous phase in the reservoir), gaseous
 167-15  elements, or other mineral subject thereto, and that it is in the
 167-16  best interests of the estate to execute the agreement.  Any
 167-17  agreement so authorized to be executed may provide that:
 167-18              (1)  operations incident to the drilling of or
 167-19  production from a well on any portion of a pool or unit are deemed
 167-20  for all purposes to be the conduct of operations on or production
 167-21  from each separately owned tract in the pool or unit;
 167-22              (2)  any lease covering any part of the area committed
 167-23  to a pool or unit shall continue in force in its entirety as long
 167-24  as oil, gas, or other mineral subject to the agreement is produced
 167-25  in paying quantities from any part of the pooled or unitized area,
 167-26  as long as operations are conducted as provided in the lease on any
 167-27  part of the pooled or unitized area, or as long as there is a
  168-1  shut-in gas well on any part of the pooled or unitized area if the
  168-2  presence of the shut-in gas well is a ground for continuation of
  168-3  the lease on the terms of the lease;
  168-4              (3)  the production allocated by the agreement to each
  168-5  tract included in a pool or unit shall, when produced, be deemed
  168-6  for all purposes to have been produced from the tract by a well
  168-7  drilled on the tract;
  168-8              (4)  the royalties provided for on production from any
  168-9  tract or portion of a tract within the pool or unit shall be paid
 168-10  only on that portion of the production allocated to the tract in
 168-11  accordance with the agreement;
 168-12              (5)  the dry gas, before or after extraction of
 168-13  hydrocarbons, may be returned to a formation underlying any lands
 168-14  or leases committed to the agreement, and that no royalties are
 168-15  required to be paid on the gas so returned; and
 168-16              (6)  gas obtained from other sources or another tract
 168-17  of land may be injected into a formation underlying any land or
 168-18  lease committed to the agreement, and that no royalties are
 168-19  required to be paid on the gas so injected when same is produced
 168-20  from the unit.
 168-21        (b)  Pooling or unitization, when not adequately provided for
 168-22  by an existing lease on property owned by the estate, may be
 168-23  authorized by the court in which the proceeding is pending pursuant
 168-24  to and in conformity with Subsections (c)-(g) of this section.
 168-25        (c)  The guardian of the estate shall file with the county
 168-26  clerk of the county in which the guardianship proceeding is pending
 168-27  the guardian's written application for authority to enter into a
  169-1  pooling or unitization agreement supplementing, amending, or
  169-2  otherwise relating to, any existing lease covering property owned
  169-3  by the estate, or to commit royalties or other interest in
  169-4  minerals, whether subject to lease or not, to a pooling or
  169-5  unitization agreement.  The application must also describe the
  169-6  property sufficiently as required in the original application to
  169-7  lease, describe briefly the lease to which the interest of the
  169-8  estate is subject, and set out the reasons the proposed agreement
  169-9  concerning the property should be made.  A true copy of the
 169-10  proposed agreement shall be attached to the application and by
 169-11  reference made a part of the application, but the agreement may not
 169-12  be recorded in the minutes.  The clerk shall immediately, after the
 169-13  application is filed, call it to the attention of the judge.
 169-14        (d)  Notice of the filing of the application by advertising,
 169-15  citation, or otherwise is not required.
 169-16        (e)  The judge may hold a hearing on the application at a
 169-17  time that  is agreeable to the parties to the proposed agreement.
 169-18  The judge shall hear proof and be satisfied as to whether it is in
 169-19  the best interests of the estate that the proposed agreement be
 169-20  authorized.  The hearing may be continued from day to day and from
 169-21  time to time as the court finds to be necessary.
 169-22        (f)  If the court finds that the pool or unit to which the
 169-23  agreement relates will be operated in such a manner as to protect
 169-24  correlative rights or to prevent the physical or economic waste of
 169-25  oil, liquid hydrocarbons, gas (including all liquid hydrocarbons in
 169-26  the gaseous phase in the reservoir), gaseous elements, or other
 169-27  mineral subject to the pool or unit, that it is in the best
  170-1  interests of the estate that the agreement be executed, and that
  170-2  the agreement conforms substantially with the permissible
  170-3  provisions of Subsection (a) of this section, the court shall enter
  170-4  an order setting out the findings made by the court and authorizing
  170-5  execution of the agreement, with or without payment of cash
  170-6  consideration according to the agreement.  If cash consideration is
  170-7  to be paid for the agreement, the court shall make a finding as to
  170-8  the necessity of increased or additional bond as a finding is made
  170-9  in the making of leases on payment of the cash bonus for the lease.
 170-10  The agreement is not valid until the increased or additional bond
 170-11  required by the court, if any, has been approved by the judge and
 170-12  filed with the clerk.  If the date is not stipulated in the
 170-13  agreement, the date of the court's order shall be the effective
 170-14  date of the agreement.
 170-15        Sec. 850.  Special Ancillary Instruments Executed Without
 170-16  Court Order.  As to any valid mineral lease or pooling or
 170-17  unitization agreement, executed on behalf of the estate before
 170-18  September 1, 1993, pursuant to provisions, or by a former owner of
 170-19  land, minerals, or royalty affected by the lease, pooling, or
 170-20  unitization agreement, the guardian of the estate that is being
 170-21  administered, without further order of the court and without
 170-22  consideration, may execute division orders, transfer orders,
 170-23  instruments of correction, instruments designating depository banks
 170-24  for the reception of delay rentals or shut-in gas well royalty to
 170-25  accrue or become payable under the terms of the lease, or similar
 170-26  instruments pertaining to the lease or agreement and the property
 170-27  covered by the lease or agreement.
  171-1        Sec. 851.  Procedure When Guardian of Estate Neglects to
  171-2  Apply for Authority.  When the guardian of an estate neglects to
  171-3  apply for authority to subject property of the estate to a lease
  171-4  for mineral development, pooling, or unitization, or authority to
  171-5  commit royalty or other interest in minerals to pooling or
  171-6  unitization, any person interested in the estate, on written
  171-7  application filed with the county clerk, may cause the guardian to
  171-8  be cited to show cause why it is not in the best interests of the
  171-9  estate for the lease to be made or an agreement to be entered into.
 171-10  The clerk shall immediately call the filing of the application
 171-11  under this section to the attention of the judge of the court in
 171-12  which the guardianship proceeding is pending.  The judge shall set
 171-13  a time and place for a hearing on the application.  The guardian of
 171-14  the estate shall be cited to appear and show cause why the
 171-15  execution of the lease or agreement should not be ordered.  On
 171-16  hearing and if satisfied from the proof that it would be in the
 171-17  best interests of the estate, the court shall enter an order
 171-18  requiring the guardian to file the guardian's application to
 171-19  subject the property of the estate to a lease for mineral
 171-20  development, with or without pooling or unitization provisions, or
 171-21  to commit royalty or other minerals to unitization, as the case may
 171-22  be.  The procedures prescribed with respect to original application
 171-23  to lease or with respect to original application for authority to
 171-24  commit royalty or minerals to pooling or unitization shall be
 171-25  followed.
 171-26        Sec. 852.  VALIDATION OF CERTAIN LEASES AND POOLING OR
 171-27  UNITIZATION AGREEMENTS BASED ON PREVIOUS STATUTES.  All leases on
  172-1  the oil, gas, or other minerals existing on September 1, 1993,
  172-2  belonging to the estates of minors or other incapacitated persons
  172-3  and all agreements with respect to the pooling or unitization of
  172-4  oil, gas, or other minerals or any interest in oil, gas, or other
  172-5  minerals with like properties of others that have been authorized
  172-6  by the court having venue, executed, and delivered by a guardian or
  172-7  other fiduciary of the estate of a minor or incapacitated person in
  172-8  substantial conformity to the rules set forth in statutes on
  172-9  execution or delivery providing for only seven days' notice in some
 172-10  instances and for a brief order designating a time and place for
 172-11  hearing, are validated insofar as the period of notice or absence
 172-12  of an order setting a time and place for hearing is concerned,
 172-13  unless the length of time of the notice or the absence of the order
 172-14  is an issue in a lease or pooling or unitization agreement that is
 172-15  involved in a lawsuit pending on September 1, 1993.
 172-16           SUBPART K.  PARTITION OF WARD'S ESTATE IN REALTY
 172-17        Sec. 853.  PARTITION OF WARD'S INTEREST IN REALTY.  (a)  If a
 172-18  ward owns an interest in real estate in common with another part
 172-19  owner or one or more part owners, and if, in the opinion of the
 172-20  guardian of the estate, it is in the best interests of the ward's
 172-21  estate to partition the real estate, the guardian may agree on a
 172-22  partition with the other part owners subject to the approval of the
 172-23  court in which the guardianship proceeding is pending.
 172-24        (b)  When a guardian has reached an agreement with the other
 172-25  part owners on how to partition the real estate, the guardian shall
 172-26  file with the court an application to have the agreement approved.
 172-27  The application filed by the guardian under this subsection shall
  173-1  describe the land that is to be divided and shall state why it is
  173-2  in the best interests of the ward's estate to partition the real
  173-3  estate and shall show that the proposed partition agreement is fair
  173-4  and just to the ward's estate.
  173-5        (c)  When the application required by Subsection (b) of this
  173-6  section is filed, the county clerk shall immediately call the
  173-7  filing of the application to the attention of the judge of the
  173-8  court in which the guardianship proceeding is pending.  The judge
  173-9  shall designate a day to hear the application.  The application
 173-10  must remain on file at least 10 days before any orders are made,
 173-11  and the judge may continue the hearing from time to time until the
 173-12  judge is satisfied concerning the application.
 173-13        (d)  If the judge is satisfied that the proposed partition of
 173-14  the real estate is in the best interests of the ward's estate, the
 173-15  court shall enter an order approving the partition and directing
 173-16  the guardian to execute the necessary agreement for the purpose of
 173-17  carrying the order and partition into effect.
 173-18        (e)  When a guardian has executed an agreement or will
 173-19  execute an agreement to partition any land in which the ward has
 173-20  an interest without court approval as provided by this section, the
 173-21  guardian shall file with the court in which the guardianship
 173-22  proceedings are pending an application for the approval and
 173-23  ratification of the partition agreement.  The application must
 173-24  refer to the agreement in such a manner that the court can fully
 173-25  understand the nature of the partition and the land being divided.
 173-26  The application must state that, in the opinion of the guardian,
 173-27  the agreement is fair and just to the ward's estate and is in the
  174-1  best interests of the estate.  When the application is filed, a
  174-2  hearing shall be held on the application as provided by Subsection
  174-3  (c) of this section.  If the court is of the opinion that the
  174-4  partition is fairly made and that the partition is in the best
  174-5  interests of the ward's estate, the court shall enter an order
  174-6  ratifying and approving the partition agreement.  When the
  174-7  partition is ratified and approved, the partition shall be
  174-8  effective and binding as if originally executed after a court
  174-9  order.
 174-10        (f)  If the guardian of the estate of a ward is of the
 174-11  opinion that it is in the best interests of the ward's estate that
 174-12  any real estate that the ward owns in common with others should be
 174-13  partitioned, the guardian may bring a suit in the court in which
 174-14  the guardianship proceeding is pending against the other part owner
 174-15  or part owners for the partition of the real estate.  The court, if
 174-16  after hearing the suit is satisfied that the necessity for the
 174-17  partition of the real estate exists, may enter an order
 174-18  partitioning the real estate to the owner of the real estate.
 174-19         SUBPART L.  INVESTMENTS AND LOANS OF ESTATES OF WARDS
 174-20        Sec. 855.  INVESTMENTS WITHOUT COURT ORDER.  (a)  The
 174-21  guardian of the estate may retain, without regard to
 174-22  diversification of investments and without liability for any
 174-23  depreciation or loss resulting from the retention, any property
 174-24  received into a guardianship estate at its inception or added to
 174-25  the estate by gift, devise, or inheritance or by mutation or
 174-26  increase.  A guardian of the estate is not relieved from the duty
 174-27  to take care of and manage the estate as a person of ordinary
  175-1  prudence, discretion, and intelligence would exercise in the
  175-2  management of the person's own affairs.
  175-3        (b)  If the guardian of the estate has on hand money that
  175-4  belongs to the ward that exceeds that amount of money that may be
  175-5  necessary for the education and maintenance of the ward, the
  175-6  guardian shall invest the money as follows:
  175-7              (1)  in bonds or other obligations of the United
  175-8  States;
  175-9              (2)  in tax-supported bonds of this state;
 175-10              (3)  except as limited by Subsections (c) and (d) of
 175-11  this section, in tax-supported bonds of a county, district,
 175-12  political subdivision, or incorporated city or town in this state;
 175-13              (4)  in shares or share accounts of a building and loan
 175-14  association organized under the laws of this state if the payment
 175-15  of the shares or share accounts is insured by the Federal Savings
 175-16  and Loan Insurance Corporation;
 175-17              (5)  in the shares or share accounts of a federal
 175-18  savings and loan association domiciled in this state if the payment
 175-19  of the shares or share accounts is insured by the Federal Savings
 175-20  and Loan Insurance Corporation;
 175-21              (6)  in collateral bonds of companies incorporated
 175-22  under the laws of this state, having a paid-in capital of
 175-23  $1,000,000 or more, when the bonds are a direct obligation of the
 175-24  company that issues the bonds and are specifically secured by first
 175-25  mortgage real estate notes or other securities pledged with a
 175-26  trustee; or
 175-27              (7)  in interest-bearing time deposits that may be
  176-1  withdrawn on or before one year after demand in a bank that does
  176-2  business in this state where the payment of the time deposits is
  176-3  insured by the Federal Deposit Insurance Corporation.
  176-4        (c)  The bonds of a county, district, or subdivision may be
  176-5  purchased only if the net funded debt of the county, district, or
  176-6  subdivision that issues the bonds does not exceed 10 percent of the
  176-7  assessed value of taxable property in the county, district, or
  176-8  subdivision.
  176-9        (d)  The bonds of a city or town may be purchased only if the
 176-10  net funded debt of the city or town does not exceed 10 percent of
 176-11  the assessed value of taxable property in the city or town less
 176-12  that part of the debt incurred for acquisition or improvement of
 176-13  revenue-producing utilities, the revenues of which are not pledged
 176-14  to support other obligations of the city or town.
 176-15        (e)  The limitations in Subsections (c) and (d) of this
 176-16  section do not apply to bonds issued for road purposes in this
 176-17  state under Section 52, Article III, of the Texas Constitution that
 176-18  are supported by a tax unlimited as to rate or amount.
 176-19        (f)  In this section, "net funded debt" means the total
 176-20  funded debt less sinking funds on hand.
 176-21        Sec. 856.  OTHER INVESTMENTS.  (a)  If a guardian of an
 176-22  estate deems it is in the best interests of the ward the guardian
 176-23  is appointed to represent to invest in or sell any property or
 176-24  security in which a trustee is authorized to invest by either
 176-25  Section 113.056 or Subchapter F, Chapter 113, of the Texas Trust
 176-26  Code (Subtitle B, Title 9, Property Code), and the investment or
 176-27  sale is not expressly permitted by other sections of this chapter,
  177-1  the guardian may file a written application in the court in which
  177-2  the guardianship is pending that asks for an order authorizing the
  177-3  guardian to make the desired investment or sale and states the
  177-4  reason why the guardian is of the opinion that the investment or
  177-5  sale would be beneficial to the ward.  A citation or notice is not
  177-6  necessary under this subsection unless ordered by the court.
  177-7        (b)  On the hearing of the application filed under this
  177-8  section, the court shall enter an order authorizing the investment
  177-9  or sale if the court is satisfied that the investment or sale will
 177-10  be beneficial to the ward.  The court order must specify the
 177-11  investment or sale to be made and contain other directions as the
 177-12  court finds advisable.
 177-13        (c)  The procedure specified in this section does not need to
 177-14  be followed in making an investment or sale specifically authorized
 177-15  by other statutes and does not apply if a different procedure is
 177-16  prescribed for an investment or sale by a guardian.
 177-17        Sec. 857.  INVESTMENT IN LIFE INSURANCE OR ANNUITIES.
 177-18  (a)  In this section, "life insurance company" means a stock or
 177-19  mutual legal reserve life insurance company that maintains the full
 177-20  legal reserves required under the laws of this state and that is
 177-21  licensed by the State Board of Insurance to transact the business
 177-22  of life insurance in this state.
 177-23        (b)  The guardian of the estate may invest in life, term, or
 177-24  endowment insurance policies, or in annuity contracts, or both,
 177-25  issued by a life insurance company or administered by the Veterans
 177-26  Administration, subject to conditions and limitations in this
 177-27  section.
  178-1        (c)  The guardian shall first apply to the court for an order
  178-2  that authorizes the guardian to make the investment.  The
  178-3  application filed under this subsection must include a report that
  178-4  shows:
  178-5              (1)  in detail the financial condition of the estate at
  178-6  the time the application is made;
  178-7              (2)  the name and address of the life insurance company
  178-8  from which the policy or annuity contract is to be purchased and
  178-9  that the company is licensed by the State Board of Insurance to
 178-10  transact that business in this state on the date the application is
 178-11  filed, or that the policy or contract is administered by the
 178-12  Veterans Administration;
 178-13              (3)  a statement of the face amount and plan of the
 178-14  policy of insurance sought to be purchased and of the amount,
 178-15  frequency, and duration of the annuity payments to be provided by
 178-16  the annuity contract sought to be purchased;
 178-17              (4)  a statement of the amount, frequency, and duration
 178-18  of the premiums required by the policy or annuity contract; and
 178-19              (5)  a statement of the cash value of the policy or
 178-20  annuity contract at its anniversary nearest the 21st birthday of
 178-21  the ward, assuming that all premiums to the anniversary are paid
 178-22  and that there is no indebtedness against the policy or contract
 178-23  incurred in accordance with its terms.
 178-24        (d)  An insurance policy must be issued on the life of the
 178-25  ward, or the father, mother, spouse, child, brother, sister,
 178-26  grandfather, or grandmother of the ward or a person in whose life
 178-27  the ward may have an insurable interest.
  179-1        (e)  Only the ward, the ward's  estate, or the father,
  179-2  mother, spouse, child, brother, sister, grandfather, or grandmother
  179-3  of the ward may be a beneficiary of the insurance policy and of the
  179-4  death benefit of the annuity contract, and the ward must be the
  179-5  annuitant in the annuity contract.
  179-6        (f)  The control of the policy or the annuity contract and of
  179-7  the incidents of ownership in the policy or annuity contract is
  179-8  vested in the guardian during the life and disability of the ward.
  179-9        (g)  The policy or annuity contract may not be amended or
 179-10  changed during the life and disability of the ward except on
 179-11  application to and order of the court.
 179-12        (h)  If a life, term, or endowment insurance policy or a
 179-13  contract of annuity is owned by the ward when a proceeding for the
 179-14  appointment of a guardian is begun, and it is made to appear that
 179-15  the company issuing the policy or contract of annuity is a life
 179-16  insurance company as defined by this section or the policy or
 179-17  contract is administered by the Veterans Administration, the policy
 179-18  or contract may be continued in full force and effect.  All future
 179-19  premiums may be paid out of surplus funds of the ward's estate.
 179-20  The guardian shall apply to the court for an order to continue the
 179-21  policy or contract, or both, according to the existing terms of the
 179-22  policy or contract or to modify the  policy or contract to fit any
 179-23  new developments affecting the welfare of the ward.  Before any
 179-24  application filed under this subsection is granted, the guardian
 179-25  shall file a report in the court that shows in detail the financial
 179-26  condition of the ward's estate at the time the application is
 179-27  filed.
  180-1        (i)  The court, if satisfied by the application and the
  180-2  evidence adduced at the hearing that it is in the interests of the
  180-3  ward to grant the application, shall enter an order granting the
  180-4  application.
  180-5        (j)  A right, benefit, or interest that accrues under an
  180-6  insurance or annuity contract that comes under the provisions of
  180-7  this section shall become the exclusive property of the ward when
  180-8  the ward's disability is terminated.
  180-9        Sec. 858.  LOANS AND SECURITY FOR LOANS.  If, at any time,
 180-10  the guardian of the estate has on hand money belonging to the ward
 180-11  in an amount that is beyond what may be necessary for the education
 180-12  and maintenance of the ward, the guardian may lend the money for
 180-13  the highest rate of interest that can be obtained for the money.
 180-14  The guardian shall take the note of the borrower for the money that
 180-15  is loaned, secured by a mortgage with a power of sale on
 180-16  unencumbered real estate located in this state worth at least twice
 180-17  the amount of the note, or by collateral notes secured by vendor's
 180-18  lien notes, as collateral, or the guardian may purchase vendor's
 180-19  lien notes if at least one-half has been paid in cash or its
 180-20  equivalent on the land for which the notes were given.
 180-21        Sec. 859.  GUARDIAN'S LIABILITY FOR LOANS.  When the borrower
 180-22  of money lent by the guardian of the estate under the court's
 180-23  direction and on security approved by the court is unable to repay
 180-24  the money or the security fails, the guardian of the estate is not
 180-25  personally responsible for the money unless the guardian has been
 180-26  guilty of fraud or negligence with respect to the loan or the
 180-27  collection of the loan, in which case the guardian and the sureties
  181-1  on the bond of the guardian shall be liable for whatever loss the
  181-2  ward sustains because of the guardian's fraud or negligence.
  181-3        Sec. 860.  GUARDIAN'S INVESTMENTS IN REAL ESTATE.  (a)  When
  181-4  the guardian of the estate of a ward thinks it is best for the ward
  181-5  who has a surplus of money on hand to invest the money in real
  181-6  estate, the guardian shall file a written application in the court
  181-7  in which the guardianship is pending requesting a court order
  181-8  authorizing the guardian to make the desired investment  and
  181-9  stating the reasons why the guardian is of the opinion that the
 181-10  investment would be for the benefit of the ward.
 181-11        (b)  When an application is filed by the guardian under this
 181-12  section, the judge's attention shall be called to the application,
 181-13  and the judge shall make investigation as necessary to obtain all
 181-14  the facts concerning the investment.  The judge may not render an
 181-15  opinion or make an order on the application until 10 days from the
 181-16  date of the filing of the application have expired.  On the hearing
 181-17  of the application, if the court is satisfied that the investment
 181-18  benefits the ward, the court shall issue an order that authorizes
 181-19  the guardian to make the investment.  The order shall specify the
 181-20  investment to be made and contain other directions the court thinks
 181-21  are advisable.
 181-22        (c)  When a contract is made for the investment of money in
 181-23  real estate under court order, the guardian shall report the
 181-24  contract in writing to the courts.  The court shall inquire fully
 181-25  into the contract.  If satisfied that the investment will benefit
 181-26  the estate of the ward and that the title of the real estate is
 181-27  valid and unencumbered, the court may approve the contract and
  182-1  authorize the guardian to pay over the money in performance of the
  182-2  contract.  The guardian may not pay any money on the contract until
  182-3  the contract is approved by court order to that effect.
  182-4        (d)  When the money of the ward has been invested in real
  182-5  estate, the title to the real estate shall be made to the ward.
  182-6  The guardian shall inventory, appraise, manage, and account for the
  182-7  real estate as other real estate of the ward.
  182-8        Sec. 861.  OPINION OF ATTORNEY WITH RESPECT TO LOANS AND
  182-9  INVESTMENTS.  When the guardian of the estate of a ward lends or
 182-10  invests the money of the ward, the guardian may not pay over or
 182-11  transfer any money in consummation of the loan or investment until
 182-12  the guardian  has submitted to a reputable attorney for examination
 182-13  all bonds, notes, mortgages, documents, abstracts, and other papers
 182-14  pertaining to the loan or investment and the guardian has received
 182-15  a written opinion from the attorney that all papers pertaining to
 182-16  the loan or investment are regular and that the title to the bonds,
 182-17  notes, or real estate is good.  The attorney making the examination
 182-18  shall be paid a reasonable fee, not to exceed one percent of the
 182-19  amount invested, unless one percent of  the amount invested is less
 182-20  than $25, in which event the fee shall be  $25.  The  guardian
 182-21  shall pay the fee out of the funds of the ward's estate.  On a
 182-22  loan, the attorney's fee shall be paid by the borrower.  The
 182-23  guardian may obtain a mortgagee's title insurance policy on any
 182-24  real estate loan instead of an abstract and attorney's opinion.
 182-25        Sec. 862.  REPORT OF INVESTMENT AND LOANS.  Not later than
 182-26  the 30th day after the date money belonging to a ward's estate is
 182-27  lent or invested, the guardian of the ward's estate shall report to
  183-1  the court in writing, verified by affidavit, stating fully the
  183-2  facts of the investment or loan, unless the investment or loan was
  183-3  made pursuant to a court order.
  183-4        Sec. 863.  LIABILITY OF GUARDIAN FOR  FAILURE TO LEND OR
  183-5  INVEST FUNDS.  If the guardian of the estate neglects to invest or
  183-6  lend surplus money on hand at interest when the guardian can do so
  183-7  by using reasonable diligence, the guardian shall be liable for the
  183-8  principal and for the highest legal rate of interest on the
  183-9  principal for the time the guardian neglects to invest or lend the
 183-10  surplus money.  The amount of principal and interest on the
 183-11  principal may be recovered in a court of competent jurisdiction.
 183-12        Sec. 864.  REQUIRING GUARDIAN TO INVEST OR LEND SURPLUS
 183-13  FUNDS.  If there is any surplus money of the estate in the hands of
 183-14  the guardian of the estate, the court, on its own motion or on
 183-15  written complaint filed by any person, may cause the guardian to be
 183-16  cited to appear and show cause why the surplus money should not be
 183-17  invested or lent at interest.  On the hearing of a complaint filed
 183-18  under this section, the court shall enter an order as the law and
 183-19  the facts require.
 183-20            SUBPART M.  TAX MOTIVATED AND CHARITABLE GIFTS
 183-21        Sec. 865.  POWER TO MAKE TAX-MOTIVATED GIFTS.  (a)  On
 183-22  application of the guardian of the estate or any interested party
 183-23  and after notice to all interested persons and to other persons as
 183-24  directed by the court, the court, after hearing, may enter an order
 183-25  that authorizes the guardian to apply the principal or income of
 183-26  the ward's estate that is not required for the support of the ward
 183-27  or the ward's family during the ward's lifetime toward the
  184-1  establishment of an estate plan for the purpose of minimizing
  184-2  income, estate, inheritance, or other taxes payable out of the
  184-3  ward's estate on a showing that the ward will probably remain
  184-4  incapacitated during the ward's lifetime.  On the ward's behalf,
  184-5  the court may authorize the guardian to make gifts, outright or in
  184-6  trust, of the ward's personal property or real estate to or for the
  184-7  benefit of:
  184-8              (1)  an organization to which charitable contributions
  184-9  may be made under the Internal Revenue Code and in which it is
 184-10  shown the ward would reasonably have an interest;
 184-11              (2)  the ward's heirs at law who are identifiable at
 184-12  the time of the order;
 184-13              (3)  a devisee under the ward's last validly executed
 184-14  will, if there is a will; and
 184-15              (4)  a person serving as guardian of the ward if the
 184-16  person is eligible under either Subdivision (2) or (3) of this
 184-17  subsection.
 184-18        (b)  The person making an application to the court under this
 184-19  section shall outline the proposed estate plan and set forth all
 184-20  the benefits that are to be derived from the estate plan.  The
 184-21  application must indicate that the planned disposition is
 184-22  consistent with the ward's intentions if the ward's intentions can
 184-23  be ascertained.  If the ward's intentions cannot be ascertained,
 184-24  the ward will be presumed to favor reduction in the incidence of
 184-25  the various forms of taxation and the partial distribution of the
 184-26  ward's estate as provided by this section.
 184-27        (c)  The court may appoint a guardian ad litem for the ward
  185-1  or any interested party at any stage of the proceedings if it is
  185-2  deemed advisable for the protection of the ward or the interested
  185-3  party.
  185-4        (d)  A subsequent modification of an approved plan may be
  185-5  made by similar application to the court.
  185-6        Sec. 866.  CONTRIBUTIONS.  (a)  The guardian of the estate
  185-7  may at any time file the guardian's sworn application in writing
  185-8  with the county clerk requesting an order from the court in which
  185-9  the guardianship is pending authorizing the guardian to contribute
 185-10  from the income of the ward's estate a specific amount of money as
 185-11  stated in the application, to one or more:
 185-12              (1)  designated corporations, trusts, or community
 185-13  chests, funds, or foundations, organized and operated exclusively
 185-14  for religious, charitable, scientific, literary, or educational
 185-15  purposes; or
 185-16              (2)  designated nonprofit federal, state, county, or
 185-17  municipal projects operated exclusively for public health or
 185-18  welfare.
 185-19        (b)  When an application is filed under this section, the
 185-20  county clerk shall immediately call the filing of the application
 185-21  to the attention of the judge of the court.  The judge, by written
 185-22  order filed with the clerk, shall designate a day to hear the
 185-23  application.  The application shall remain on file at least 10 days
 185-24  before the hearing is held.  The judge may postpone or continue the
 185-25  hearing from time to time until the judge is satisfied concerning
 185-26  the application.
 185-27        (c)  On the conclusion of a hearing under this section, the
  186-1  court may enter an order authorizing the guardian to make a
  186-2  contribution from the income of the ward's estate to a particular
  186-3  donee designated in the application and order if the court is
  186-4  satisfied and finds from the evidence that:
  186-5              (1)  the amount of the proposed contribution stated in
  186-6  the application will probably not exceed 20 percent of the net
  186-7  income of the ward's estate for the current calendar year;
  186-8              (2)  the net income of the ward's estate for the
  186-9  current calendar year exceeds, or probably will exceed, $25,000;
 186-10              (3)  the full amount of the contribution, if made, will
 186-11  probably be deductible from the ward's gross income in determining
 186-12  the net income of the ward under applicable federal income tax laws
 186-13  and rules;
 186-14              (4)  the condition of the ward's estate justifies a
 186-15  contribution in the proposed amount; and
 186-16              (5)  the proposed contribution is reasonable in amount
 186-17  and is for a worthy cause.
 186-18                     SUBPART N.  MANAGEMENT TRUSTS
 186-19        Sec. 867.  CREATION OF MANAGEMENT TRUST.  On application by
 186-20  the guardian of a ward, the court in which the guardianship
 186-21  proceeding is pending may enter an order that creates for the
 186-22  ward's benefit a trust for the management of guardianship funds if
 186-23  the court finds that the creation of the trust is in the ward's
 186-24  best interests.  The order shall direct the guardian to deliver all
 186-25  or part of the assets of the guardianship to a trust company or a
 186-26  state or national bank that has trust powers in this state.  The
 186-27  order shall include terms, conditions, and limitations placed on
  187-1  the trust.
  187-2        Sec. 868.  TERMS OF MANAGEMENT TRUST.  (a)  A trust created
  187-3  under Section 867 of this code must provide that:
  187-4              (1)  the ward is the sole beneficiary of the trust;
  187-5              (2)  the trustee may disburse an amount of the trust's
  187-6  principal or income as the trustee determines is necessary to
  187-7  expend for the health, education, support, or maintenance of the
  187-8  ward;
  187-9              (3)  the income of the trust that the trustee does not
 187-10  disburse under Subdivision (2) of this subsection must be added to
 187-11  the principal of the trust;
 187-12              (4)  the trustee serves without giving a bond; and
 187-13              (5)  the trustee, on annual application to the court
 187-14  and subject to the court's approval, is entitled to receive
 187-15  reasonable compensation for services that the trustee provided to
 187-16  the ward as the ward's trustee that is:
 187-17                    (A)  to be paid from the trust's income,
 187-18  principal, or both; and
 187-19                    (B)  determined in the same manner as
 187-20  compensation of a guardian of an estate under Section 665 of this
 187-21  code.
 187-22        (b)  The trust may provide that a trustee make a
 187-23  distribution, payment, use, or application of trust funds, as
 187-24  necessary and without the intervention of a guardian or other
 187-25  representative of the ward, to the ward's guardian or to a person
 187-26  who has physical custody of the ward for:
 187-27              (1)  the benefit, support, or maintenance of the ward
  188-1  if the ward is a minor; or
  188-2              (2)  the support of the ward, and the support,
  188-3  maintenance, and education of the ward's children if the ward is an
  188-4  incapacitated person other than a minor.
  188-5        Sec. 869.  TRUST AMENDMENT, MODIFICATION, OR REVOCATION.  (a)
  188-6  The court may amend, modify, or revoke the trust at any time before
  188-7  the date of the trust's termination.
  188-8        (b)  The ward or guardian of the ward's estate may not revoke
  188-9  the trust.
 188-10        Sec. 870.  TERMINATION OF TRUST.  (a)  If the ward is a
 188-11  minor, the trust terminates:
 188-12              (1)  on the death of the ward or the ward's 18th
 188-13  birthday, whichever is earlier; or
 188-14              (2)  on the date provided by court order which may not
 188-15  be later than the ward's 25th birthday.
 188-16        (b)  If the ward is an incapacitated person other than a
 188-17  minor, the trust terminates on the date the court determines that a
 188-18  guardianship is no longer necessary for the ward or on the death of
 188-19  the ward before the court's determination that a guardianship is no
 188-20  longer necessary.
 188-21        Sec. 871.  ANNUAL ACCOUNTING.  (a)  The trustee shall prepare
 188-22  and file with the court an annual accounting of transactions in the
 188-23  trust in the same manner and form that is required of a guardian
 188-24  under this chapter.
 188-25        (b)  The trustee shall provide a copy of the annual account
 188-26  to the guardian of the ward's estate or person.
 188-27        (c)  The annual account is subject to court review and
  189-1  approval in the same manner that is required of an annual account
  189-2  prepared by a guardian under this chapter.
  189-3        Sec. 872.  LIABILITY.  The guardian of the estate of the ward
  189-4  or the surety on the bond of the guardian is not liable for an act
  189-5  or omission of the trustee.
  189-6        Sec. 873.  DISTRIBUTION OF TRUST PROPERTY.  Unless otherwise
  189-7  provided by the court, the trustee shall distribute the principal
  189-8  or any undistributed income of the trust to the ward or to the
  189-9  representative of the deceased ward's estate when the trust
 189-10  terminates on its own terms or on the ward's death.
 189-11                PART 5.  SPECIAL PROCEEDINGS AND ORDERS
 189-12                  SUBPART A.  TEMPORARY GUARDIANSHIPS
 189-13        Sec. 875.  TEMPORARY GUARDIAN--PROCEDURE.  (a)  If a court is
 189-14  presented with substantial evidence that a person may be a minor or
 189-15  other incapacitated person, and the court has probable cause to
 189-16  believe that the person or person's estate, or both, requires the
 189-17  immediate appointment of a guardian, the court shall appoint a
 189-18  temporary guardian with limited powers as the circumstances of the
 189-19  case require.
 189-20        (b)  A person for whom a temporary guardian has been
 189-21  appointed may not be presumed to be incapacitated.  The person
 189-22  retains all rights and powers that are not specifically granted to
 189-23  the person's temporary guardian by court order.
 189-24        (c)  A written application for the appointment of a temporary
 189-25  guardian may be filed before the court appoints a temporary
 189-26  guardian.  The application must be filed not later than the end of
 189-27  the next business day of the court after the date of appointment of
  190-1  the temporary guardian.  The application must state:
  190-2              (1)  the name and address of the person who is the
  190-3  subject of the guardianship proceeding;
  190-4              (2)  the danger to the person or property alleged to be
  190-5  imminent;
  190-6              (3)  the type of appointment and the particular
  190-7  protection and assistance being requested;
  190-8              (4)  the facts and reasons supporting the allegations
  190-9  and requests;
 190-10              (5)  the name, address, and qualification of the
 190-11  proposed temporary guardian;
 190-12              (6)  the name, address, and interest of the applicant;
 190-13              (7)  the social security numbers of the applicant and
 190-14  proposed ward; and
 190-15              (8)  if applicable, that the proposed temporary
 190-16  guardian is a private professional guardian who has complied with
 190-17  the requirements of Section 697 of this code.
 190-18        (d)  At the earliest of the filing of an application for
 190-19  temporary guardianship or the appointment of a temporary guardian,
 190-20  the court shall appoint an attorney to represent the proposed ward
 190-21  in all guardianship proceedings in which independent counsel has
 190-22  not been retained by or on behalf of the proposed ward.
 190-23        (e)  On the filing of an application for temporary
 190-24  guardianship, the clerk shall issue notice that shall be served on
 190-25  the respondent and the respondent's appointed attorney.  The notice
 190-26  must describe the rights of the parties and the date, time, place,
 190-27  purpose, and possible consequences of a hearing on the application.
  191-1  A copy of the application and, if applicable, a copy of the order
  191-2  appointing the temporary guardian must be attached to the notice.
  191-3        (f)(1)  A hearing shall be held not later than the 10th day
  191-4  after the date of the filing of the application for temporary
  191-5  guardianship unless the hearing date is extended as provided by
  191-6  Subdivision (2) of this subsection.  At a hearing under this
  191-7  section, the respondent has the right to:
  191-8                    (A)  receive prior notice;
  191-9                    (B)  have representation by counsel;
 191-10                    (C)  be present;
 191-11                    (D)  present evidence and confront and
 191-12  cross-examine witnesses; and
 191-13                    (E)  a closed hearing if requested by the
 191-14  respondent or the respondent's attorney.
 191-15              (2)  Every temporary guardianship granted before a
 191-16  hearing on the application required by Subdivision (1) of this
 191-17  subsection expires on its own terms at the conclusion of the
 191-18  hearing unless the respondent or the respondent's attorney consents
 191-19  that the order appointing the temporary guardian may be extended
 191-20  for a longer period not to exceed 60 days after the date of the
 191-21  filing of the application for temporary guardianship.
 191-22              (3)  Every temporary guardianship granted before a
 191-23  hearing on the application required by Subdivision (1) of this
 191-24  subsection shall be set for hearing at the earliest possible date
 191-25  and takes precedence over all matters except older matters of the
 191-26  same character.
 191-27              (4)  Every temporary guardianship granted before a
  192-1  hearing on the application required by Subdivision (1) of this
  192-2  subsection must include an order that sets a certain date for
  192-3  hearing on the application for temporary guardianship.
  192-4              (5)  On one day's notice to the party who obtained a
  192-5  temporary guardianship before a hearing on the application required
  192-6  by Subdivision (1) of this subsection, the respondent or the
  192-7  respondent's attorney may appear and move for the dissolution or
  192-8  modification of the temporary guardianship.  If a motion is made
  192-9  for dissolution or modification of the temporary guardianship, the
 192-10  court shall hear and determine the motion as expeditiously as the
 192-11  ends of justice require.
 192-12        (g)  If at the conclusion of the hearing required by
 192-13  Subsection (f)(1) of this section the court determines that the
 192-14  applicant has established that there is substantial evidence that
 192-15  the person is a minor or other incapacitated person, that there is
 192-16  imminent danger that the physical health or safety of the
 192-17  respondent will be seriously impaired, or that the respondent's
 192-18  estate will be seriously damaged or dissipated unless immediate
 192-19  action is taken, the court shall appoint a temporary guardian by
 192-20  written order.  The court shall assign to the temporary guardian
 192-21  only those powers and duties that are necessary to protect the
 192-22  respondent against the imminent danger shown.  The powers and
 192-23  duties must be described in the order of appointment.
 192-24        (h)  Except as provided by Subsection (k) of this section, a
 192-25  temporary guardianship may not remain in effect for more than 60
 192-26  days.
 192-27        (i)  If the court appoints a temporary guardian after the
  193-1  hearing required by Subsection (f)(1) of this section, all court
  193-2  costs, including attorney's fees, may be assessed as provided in
  193-3  Section 669 of this code.
  193-4        (j)  The court may not customarily or ordinarily appoint the
  193-5  Texas Department of Human Services as a temporary guardian under
  193-6  this section.  The appointment of the department as a temporary
  193-7  guardian under this section should be made only as a last resort.
  193-8        (k)  If an application for a temporary guardianship or an
  193-9  application to convert a temporary guardianship to a permanent
 193-10  guardianship is challenged or contested, the court shall appoint a
 193-11  temporary guardian whose term expires at the conclusion of the
 193-12  hearing or the period provided by Subsection (h) of this section,
 193-13  whichever is later.
 193-14        Sec. 876.  AUTHORITY OF TEMPORARY GUARDIAN.  When the
 193-15  temporary guardian files the oath and bond required under this
 193-16  chapter, the court order appointing the temporary guardian takes
 193-17  effect without the necessity for issuance of letters of
 193-18  guardianship.  The clerk shall note compliance with oath and bond
 193-19  requirements by the appointed guardian on a certificate attached to
 193-20  the order.  The order shall be evidence of the temporary guardian's
 193-21  authority to act within the scope of the powers and duties set
 193-22  forth in the order.  The clerk may not issue certified copies of
 193-23  the order until the oath and bond requirements are satisfied.
 193-24        Sec. 877.  POWERS OF TEMPORARY GUARDIAN.  All the provisions
 193-25  of this chapter relating to the guardianship of persons and estates
 193-26  of incapacitated persons apply to a temporary guardianship of the
 193-27  persons and estates of incapacitated persons, insofar as the same
  194-1  may be made applicable.
  194-2        Sec. 878.  Accounting.  At the expiration of a temporary
  194-3  appointment, the appointee shall file with the clerk of the court a
  194-4  sworn list of all property of the estate that has come into the
  194-5  hands of the appointee, a return of all sales made by the
  194-6  appointee, and a full exhibit and account of all of the appointee's
  194-7  acts as temporary appointee.
  194-8        Sec. 879.  CLOSING TEMPORARY GUARDIANSHIP.  The court shall
  194-9  act on the list, return, exhibit, and account filed under Section
 194-10  878 of this code.  Whenever temporary letters expire or cease to be
 194-11  effective for any reason, the court shall immediately enter an
 194-12  order requiring the temporary appointee to deliver the estate
 194-13  remaining in the temporary appointee's possession to the person who
 194-14  is legally entitled to the possession of the estate.  The temporary
 194-15  appointee shall be discharged and the sureties on the bond of the
 194-16  temporary appointee shall be released as to future liability on
 194-17  proof that the appointee delivered the property as required by this
 194-18  section.
 194-19              SUBPART B.  GUARDIANSHIPS FOR NONRESIDENTS
 194-20        Sec. 881.  NONRESIDENT GUARDIAN.  (a)  A nonresident of this
 194-21  state may be appointed and qualified as guardian or coguardian of a
 194-22  nonresident ward's estate located in this state in the same manner
 194-23  provided by this code for the appointment and qualification of a
 194-24  resident as guardian of the estate of an incapacitated person if:
 194-25              (1)  a court of competent jurisdiction in the
 194-26  geographical jurisdiction in which the nonresident resides
 194-27  appointed the nonresident guardian;
  195-1              (2)  the nonresident is qualified as guardian or as a
  195-2  fiduciary legal representative by whatever name known in the
  195-3  foreign jurisdiction of the property or estate of the ward located
  195-4  in the jurisdiction of the foreign court; and
  195-5              (3)  with the written application for appointment in
  195-6  the county court of any county in this state in which all or part
  195-7  of the ward's estate is located, the nonresident files a complete
  195-8  transcript of the proceedings from the records of the court in
  195-9  which the nonresident applicant was appointed, showing the
 195-10  applicant's appointment and qualification as the guardian or
 195-11  fiduciary legal representative of the ward's property or estate.
 195-12        (b)  The transcript required by Subsection (a) of this
 195-13  section must be certified to and attested by the clerk of the
 195-14  foreign court or the officer of the court charged by law with
 195-15  custody of the court records, under the court seal, if any.  The
 195-16  certificate of the judge, chief justice, or presiding magistrate,
 195-17  as applicable, of the foreign court must be attached to the
 195-18  transcript, certifying that the attestation of the transcript by
 195-19  the clerk or legal custodian of the court records is in correct
 195-20  form.
 195-21        (c)  If the nonresident applicant meets the requirements of
 195-22  this section, without the necessity of any notice or citation, the
 195-23  court shall enter an order appointing the nonresident.  After the
 195-24  nonresident applicant qualifies in the manner required of resident
 195-25  guardians and files with the court a power of attorney appointing a
 195-26  resident agent to accept service of process in all actions or
 195-27  proceedings with respect to the estate, the clerk shall issue the
  196-1  letters of guardianship to the nonresident guardian.
  196-2        (d)  After qualification, the nonresident guardian shall file
  196-3  an inventory and appraisement of the estate of the ward in this
  196-4  state subject to the jurisdiction of the court, as in ordinary
  196-5  cases, and is subject to all applicable provisions of this code
  196-6  with respect to the handling and settlement of estates by resident
  196-7  guardians.
  196-8        Sec. 882.  NONRESIDENT AS WARD.  Guardianship of the estate
  196-9  of a nonresident incapacitated person who owns property in this
 196-10  state may be granted, if necessary, in the same manner as for the
 196-11  property of a resident of this state.  A court in the county in
 196-12  which the principal estate of the ward is located has jurisdiction
 196-13  to appoint a guardian.  The court shall take all actions and make
 196-14  all necessary orders with respect to the estate of the ward for the
 196-15  maintenance, support, care, or education of the ward, out of the
 196-16  proceeds of the ward's estate, in the same manner as if the ward
 196-17  were a resident of this state and was sent abroad by the court for
 196-18  education or treatment.  If a qualified nonresident guardian of the
 196-19  estate later qualifies in this state under Section 881 of this
 196-20  code, the court shall close the resident guardianship.
 196-21        SUBPART C.  INCAPACITATED SPOUSE AND COMMUNITY PROPERTY
 196-22        Sec. 883.  Incapacitated Spouse.  When a husband or wife is
 196-23  judicially declared to be incapacitated, the other spouse, in the
 196-24  capacity of surviving partner of the marital partnership, acquires
 196-25  full power to manage, control, and dispose of the entire community
 196-26  estate, including the part of the community estate that the
 196-27  incapacitated spouse legally has the power to manage in the absence
  197-1  of the incapacity, without an administration.  If the court finds
  197-2  that it is in the best interest of the incapacitated spouse and
  197-3  that the other spouse would not be disqualified to serve as
  197-4  guardian under Section 681 of this code, guardianship of the estate
  197-5  of the incapacitated spouse may not be necessary when the other
  197-6  spouse is not incapacitated unless the incapacitated spouse owns
  197-7  separate property, and the guardianship will be of the separate
  197-8  property only.  The qualification of a guardian of the estate of an
  197-9  incapacitated spouse does not deprive the competent spouse of the
 197-10  right to manage, control, and dispose of the entire community
 197-11  estate as provided in this chapter.
 197-12        Sec. 884.  Delivery To Spouse.  A guardian of the estate of
 197-13  an incapacitated married person who, as guardian, is administering
 197-14  community property as part of the estate of the ward, shall deliver
 197-15  on demand the community property to the spouse who is not
 197-16  incapacitated.
 197-17                  SUBPART D.  RECEIVERSHIP FOR MINORS
 197-18                    AND OTHER INCAPACITATED PERSONS
 197-19        Sec. 885.  RECEIVERSHIP.  (a)  When the estate of a minor or
 197-20  other incapacitated person or any portion of the estate of the
 197-21  minor or other incapacitated person appears in danger of injury,
 197-22  loss, or waste and in need of a guardianship or other
 197-23  representative and there is no guardian of the estate who is
 197-24  qualified in this state and a guardian is not needed, the county
 197-25  judge of the county in which the minor or other incapacitated
 197-26  person resides or in which the endangered estate is located shall
 197-27  enter an order, with or without application, appointing a suitable
  198-1  person as receiver to take charge of the estate.  The court order
  198-2  shall require a receiver appointed under this section to give bond
  198-3  as in ordinary receiverships in an amount the judge deems necessary
  198-4  to protect the estate.  The court order shall specify the duties
  198-5  and powers of the receiver as the judge deems necessary for the
  198-6  protection, conservation, and preservation of the estate.  The
  198-7  clerk shall enter an order made under this section on the minutes
  198-8  of the court.  The person who is appointed as receiver shall make
  198-9  and submit a bond for the judge's approval and shall file the bond,
 198-10  when approved, with the clerk.  The person who is appointed
 198-11  receiver shall proceed to take charge of the endangered estate
 198-12  pursuant to the powers and duties vested in the person by the order
 198-13  of appointment and subsequent orders made by the judge.
 198-14        (b)  During the pendency of the receivership, when the needs
 198-15  of the minor or other incapacitated person require the use of the
 198-16  income or corpus of the estate for the education, clothing, or
 198-17  subsistence of the minor or other incapacitated person, the judge,
 198-18  with or without application, shall enter an order on the minutes of
 198-19  the court that appropriates an amount of income or corpus that is
 198-20  sufficient for that purpose.  The receiver shall use the amount
 198-21  appropriated by the court to pay a claim for the education,
 198-22  clothing, or subsistence of the minor or other incapacitated person
 198-23  that is presented to the judge for approval and ordered by the
 198-24  judge to be paid.
 198-25        (c)  During the pendency of the receivership, when the
 198-26  receiver has on hand an amount of money that belongs to the minor
 198-27  or other incapacitated person that is in excess of the amount
  199-1  needed for current necessities and expenses, the receiver, under
  199-2  direction of the judge, may invest, lend, or contribute the excess
  199-3  money or any portion of the money in the manner, for the security,
  199-4  and on the terms and conditions provided by this chapter for
  199-5  investments, loans, or contributions by guardians.  The receiver
  199-6  shall report to the judge all transactions made under this
  199-7  subsection in the same manner that a report is required of a
  199-8  guardian under this chapter.
  199-9        (d)  All necessary expenses incurred by the receiver in
 199-10  administering the estate may be rendered monthly to the judge in
 199-11  the form of a sworn statement of account that includes a report of
 199-12  the receiver's acts, the condition of the estate, the status of the
 199-13  threatened danger to the estate, and the progress made toward
 199-14  abatement of the danger.  If the judge is satisfied that the
 199-15  statement is correct and reasonable in all respects, the judge
 199-16  shall promptly enter an order approving the expenses and
 199-17  authorizing the receiver to be reimbursed from the funds of the
 199-18  estate in the receiver's hands.  A receiver shall be compensated
 199-19  for services rendered in the receiver's official capacity in the
 199-20  same manner and amount as provided by this chapter for similar
 199-21  services rendered by guardians of estates.
 199-22        (e)  When the threatened danger has abated and the estate is
 199-23  no longer liable to injury, loss, or waste because there is no
 199-24  guardian or other representative of the estate, the receiver shall
 199-25  report to the judge, file with the clerk a full and final sworn
 199-26  account of all property of the estate the receiver received, had on
 199-27  hand when the receivership was pending, all sums paid out, all acts
  200-1  performed by the receiver with respect to the estate, and all
  200-2  property of the estate that remains in the receiver's hands on the
  200-3  date of the report.  On the filing of the report, the clerk shall
  200-4  issue and cause to be posted a notice to all persons interested in
  200-5  the welfare of the minor or other incapacitated person and shall
  200-6  give personal notice to the person who has custody of the minor or
  200-7  other incapacitated person to appear before the judge at a time and
  200-8  place specified in the notice and contest the report and account if
  200-9  the person desires.
 200-10        (f)  If on hearing the receiver's report and account the
 200-11  judge is satisfied that the danger of injury, loss, or waste to the
 200-12  estate has abated and that the report and account are correct, the
 200-13  judge shall enter an order finding that the danger of injury, loss,
 200-14  or waste to the estate has abated and shall direct the receiver to
 200-15  deliver the estate to the person from whom the receiver took
 200-16  possession as receiver, to the person who has custody of the minor
 200-17  or other incapacitated person, or to another person as the judge
 200-18  may find is entitled to possession of the estate.  A person who
 200-19  receives the estate under this subsection shall execute and file
 200-20  with the clerk an appropriate receipt for the estate that is
 200-21  delivered to the person.  The judge's order shall discharge the
 200-22  receivership and the sureties on the bond of the receiver.  If the
 200-23  judge is not satisfied that the danger has abated, or if the judge
 200-24  is not satisfied with the receiver's report and account, the judge
 200-25  shall enter an order that continues the receivership in effect
 200-26  until the judge is satisfied that the danger has abated or is
 200-27  satisfied with the report and account.
  201-1        (g)  An order or a bond, report, account, or notice in a
  201-2  receivership proceeding must be recorded in the minutes of the
  201-3  court.
  201-4          SUBPART E.  PAYMENT OF CLAIMS WITHOUT GUARDIANSHIP
  201-5        Sec. 887.  PAYMENT OF CLAIMS WITHOUT GUARDIANSHIP AND
  201-6  ADMINISTRATION OF TERMINATED GUARDIANSHIP ASSETS.  (a)  When a
  201-7  resident person who is a minor or other incapacitated person, or
  201-8  the former ward of a guardianship terminated under Subpart C, Part
  201-9  4, of this code, who are referred to in this section as "creditor,"
 201-10  are without a legal guardian of the person's estate, and the person
 201-11  is entitled to money in an amount that is $25,000 or less, the
 201-12  right to which is liquidated and is uncontested in any pending
 201-13  lawsuit, the debtor may pay the money to the county clerk of the
 201-14  county in which the creditor resides to the account of the
 201-15  creditor, giving the creditor's name, the nature of the creditor's
 201-16  disability, and, if the creditor is a minor, the minor's age, and
 201-17  the creditor's post-office address.  The receipt for the money
 201-18  signed by the clerk is binding on the creditor as of the date of
 201-19  receipt and to the extent of the payment.  The clerk, by letter
 201-20  mailed to the address given by the debtor, shall apprise the
 201-21  creditor of the fact that the deposit was made.  On receipt of the
 201-22  payment by the clerk, the clerk shall call the receipt of the
 201-23  payment to the court's attention and shall invest the money as
 201-24  authorized under this chapter pursuant to court order in the name
 201-25  and for the account of the minor or other person entitled to the
 201-26  money.  Any increase, dividend, or income from an investment made
 201-27  under this section shall be credited to the account of the minor or
  202-1  other person entitled to the investment.  Any money that is
  202-2  deposited under the terms of this section that has not been paid
  202-3  out shall be subject to the provisions of this chapter not later
  202-4  than October 1, 1993.
  202-5        (b)  Not later than March 1 of each calendar year, the clerk
  202-6  of the court shall make a written report to the court of the status
  202-7  of an investment made by the clerk under this section.  The report
  202-8  must contain:
  202-9              (1)  the amount of the original investment or the
 202-10  amount of the investment at the last annual report, whichever is
 202-11  later;
 202-12              (2)  any increase, dividend, or income from such
 202-13  investment since the last annual report;
 202-14              (3)  the total amount of the investment and all
 202-15  increases, dividends, or income at the date of the report; and
 202-16              (4)  the name of the depository or the type of
 202-17  investment.
 202-18        (c)  The father or mother, or unestranged spouse, of the
 202-19  creditor, with priority being given to the spouse who resides in
 202-20  this state or if there is no spouse and both father and mother are
 202-21  dead or are nonresidents of this state, then the person who resides
 202-22  in this state who has actual custody of the creditor, as custodian
 202-23  and on filing with the clerk written application and bond approved
 202-24  by the county judge of the county, may withdraw the money from the
 202-25  clerk for the use and benefit of the creditor, the bond to be in
 202-26  double the amount of the money and to be payable to the judge or
 202-27  the judge's successors in office and to be conditioned that the
  203-1  custodian will use the money for the creditor's benefit under
  203-2  directions of the court and that the custodian, when legally called
  203-3  on to do so, will faithfully account to the creditor and the
  203-4  creditor's heirs or legal representatives for the money and any
  203-5  increase to the money on the removal of the disability to which the
  203-6  creditor is subject, or on the creditor's death, or the appointment
  203-7  of a guardian for the creditor.  A fee or commission may not be
  203-8  allowed to the custodian for taking care of, handling, or expending
  203-9  the money withdrawn by the custodian.
 203-10        (d)  When the custodian has expended the money in accordance
 203-11  with directions of the court or has otherwise complied with the
 203-12  terms of the custodian's bond by accounting for the money and any
 203-13  increase in the money, the custodian shall file with the county
 203-14  clerk of the county the custodian's sworn report of the custodian's
 203-15  accounting.  The filing of the custodian's report, when approved by
 203-16  the court, operates as a discharge of the person as custodian and
 203-17  of the person's sureties from all further liability under the bond.
 203-18  The court shall satisfy itself that the report is true and correct
 203-19  and may require proof as in other cases.
 203-20        (e)  When a nonresident minor, a nonresident person who is
 203-21  adjudged by a court of competent jurisdiction to be incapacitated,
 203-22  or the former ward of a guardianship terminated under Subpart C,
 203-23  Part 4, of this code who has no legal guardian qualified in this
 203-24  state is entitled to money in an amount that is not more than
 203-25  $25,000 owing as a result of transactions within this state, the
 203-26  right to which is liquidated and is uncontested in any pending
 203-27  lawsuit in this state, the debtor in this state may pay the money
  204-1  to the guardian of the creditor who is duly qualified in the
  204-2  domiciliary jurisdiction or to the county clerk of any county in
  204-3  this state in which real property owned by the nonresident person
  204-4  is located.  If the person is not known to own any real property in
  204-5  any county in this state the debtor has the right to pay the money
  204-6  to the county clerk of the county of this state in which the debtor
  204-7  resides.  In either case, the debtor's payment to the clerk is for
  204-8  the use and benefit and for the account of the nonresident
  204-9  creditor.  The receipt for the payment signed by the clerk that
 204-10  recites the name of the creditor and the post office address of the
 204-11  creditor, if known, is binding on the creditor as of the date and
 204-12  to the extent of the payment.  The clerk shall handle the money
 204-13  paid to the clerk by the debtor in the same manner as provided for
 204-14  cases of payments to the accounts of residents of this state under
 204-15  Subsections (a)-(d) of this section.  All applicable provisions of
 204-16  Subsections (a)-(d) of this section apply to the handling and
 204-17  disposition of money or any increase, dividend, or income paid to
 204-18  the clerk for the use, benefit, and account of the nonresident
 204-19  creditor.
 204-20        (f)  If a person who is authorized to withdraw the money does
 204-21  not withdraw the money from the clerk as provided for in this
 204-22  section, the creditor, after termination of the creditor's
 204-23  disability, or the subsequent personal representative of the
 204-24  creditor or the creditor's heirs may withdraw, at any time and
 204-25  without special bond for the purpose, the money on simply
 204-26  exhibiting to the clerk an order of the county or probate court of
 204-27  the county where the money is held by the clerk that directs the
  205-1  clerk to deliver the money to the creditor, to the creditor's
  205-2  personal representative, or to the creditor's heirs named in the
  205-3  order.  Before the court issues an order under this subsection, the
  205-4  person's identity and the person's credentials must be proved to
  205-5  the court's satisfaction.
  205-6        (g)  When it is made to appear to the judge of a county
  205-7  court, district court, or other court of this state, by an
  205-8  affidavit executed by the superintendent, business manager, or
  205-9  field representative of any eleemosynary institution of this state,
 205-10  that a certain inmate in the institution is a person who has a
 205-11  mental disability, an incapacitated person, or a person whose
 205-12  mental illness or mental incapacity, or both, renders the person
 205-13  incapable of caring for himself and of managing the person's own
 205-14  property and financial affairs, there is no known legal guardian
 205-15  appointed for the estate of the inmate, and there is on deposit in
 205-16  the court registry a certain sum of money that belongs to the
 205-17  inmate that does not exceed $10,000, the court may order the
 205-18  disposition of the funds as provided by this subsection.  The
 205-19  court, on satisfactory proof by affidavit or otherwise that the
 205-20  inmate is a person who has a mental disability, an incapacitated
 205-21  person, or a person whose mental illness or mental incapacity, or
 205-22  both, renders the inmate incapable of caring for the inmate's self
 205-23  and of managing the inmate's own property and financial affairs and
 205-24  is without a legally appointed guardian of the inmate's estate, may
 205-25  by order direct the clerk of the court to pay the money to the
 205-26  institution for the use and benefit of the inmate.  The state
 205-27  institution to which the payment is made may not be required to
  206-1  give bond or security for receiving the fund from the court
  206-2  registry, and the receipt from the state institution for the
  206-3  payment, or the canceled check or warrant by which the payment was
  206-4  made, shall be sufficient evidence of the disposition of the
  206-5  payment.  The clerk of the court is relieved of further
  206-6  responsibility for the disposition.  On receipt of the money, the
  206-7  institution shall deposit all of the amount of money received to
  206-8  the trust account of the inmate.  The money deposited by the
  206-9  institution in the trust account is to be used by or for the
 206-10  personal use of the owner of the trust account under the rules or
 206-11  custom of the institution in the expenditure of the funds by the
 206-12  inmate or for the use and benefit of the inmate by the responsible
 206-13  officer of the institution.  This subsection is cumulative of all
 206-14  other laws affecting the rights of a person who has a mental
 206-15  disability, an incapacitated person, or a person who has a mental
 206-16  illness and affecting money that belongs to the person as an inmate
 206-17  of a state eleemosynary institution.  If the inmate dies leaving a
 206-18  balance in the inmate's trust account, the balance may be applied
 206-19  to the burial expenses of the inmate or applied to the care,
 206-20  support, and treatment account of the inmate at the eleemosynary
 206-21  institution.  After the expenditure of all funds in the trust
 206-22  account or after the death of the inmate, the responsible officer
 206-23  shall furnish a statement of expenditures of the funds to the
 206-24  nearest relative who is entitled to receive the statement.  A copy
 206-25  of the statement shall be filed with the court that first granted
 206-26  the order to dispose of the funds in accordance with the provisions
 206-27  of this chapter.
  207-1                 SUBPART F.  SALE OF PROPERTY OF MINOR
  207-2        Sec. 889.  SALE OF PROPERTY OF A MINOR BY A PARENT WITHOUT
  207-3  GUARDIANSHIP.  (a)  When the value of the minor's interest in real
  207-4  or personal property in an estate does not exceed $25,000, a
  207-5  natural or adoptive parent of a minor who is not a ward may apply
  207-6  to the court for an order to sell the real or personal property of
  207-7  a minor in an estate without being appointed guardian.  A minor may
  207-8  not disaffirm a sale of property pursuant to a court order under
  207-9  this section.
 207-10        (b)  The parent shall apply to the court under oath for the
 207-11  sale of the property.  Venue for the application under this section
 207-12  is the same as venue for an application for the appointment of a
 207-13  guardian for a minor.  The application must contain:
 207-14              (1)  a legal description of the real property and a
 207-15  description that identifies the personal property;
 207-16              (2)  the name of the minor and the minor's interest in
 207-17  the property;
 207-18              (3)  the name of the purchaser;
 207-19              (4)  a statement that the sale of the minor's interest
 207-20  in the property is for cash; and
 207-21              (5)  a statement that all funds received by the parent
 207-22  shall be used for the use and benefit of the minor.
 207-23        (c)  On receipt of the application, the court shall set the
 207-24  application for hearing at a date not earlier than five days from
 207-25  the date of the filing of the application.  If the court deems it
 207-26  necessary, the court may cause citation to be issued.
 207-27        (d)  At the time of the hearing of the application filed
  208-1  under this section, the court shall order the sale of the property
  208-2  if the court is satisfied from the evidence that the sale is in the
  208-3  best interests of the minor.  The court may require an independent
  208-4  appraisal of the property to be sold to establish the minimum sale
  208-5  price.
  208-6        (e)  When the court enters the order of sale, the purchaser
  208-7  of the property shall pay the proceeds of the sale belonging to the
  208-8  minor into the court registry.
  208-9        (f)  Nothing in this section prevents the proceeds deposited
 208-10  in the registry from being withdrawn from the court registry under
 208-11  Section 885 of this code.
 208-12                   SUBPART G.  NONRESIDENT GUARDIANS
 208-13        Sec. 891.  NONRESIDENT GUARDIAN'S REMOVAL OF WARD'S PROPERTY
 208-14  FROM STATE.  A nonresident guardian, whether or not qualified under
 208-15  this code, may remove personal property of the ward out of the
 208-16  state if:
 208-17              (1)  the removal does not conflict with the tenure of
 208-18  the property or the terms and limitations of the guardianship under
 208-19  which the property is held; and
 208-20              (2)  all debts known to exist against the estate in
 208-21  this state are paid or secured by bond payable to and approved by
 208-22  the judge of the court in which guardianship proceedings are
 208-23  pending in this state.
 208-24        Sec. 892.  DELIVERY OF PROPERTY.  A resident executor,
 208-25  administrator, or guardian who has any of the estate of a ward may
 208-26  be ordered by the court to deliver the estate to a duly qualified
 208-27  and acting nonresident guardian of the ward.
  209-1        SECTION 2.  Section 2(e), Texas Probate Code, is amended to
  209-2  read as follows:
  209-3        (e)  Nature of Proceeding.  The administration of the estate
  209-4  of a decedent <or ward>, from the filing of the application for
  209-5  probate and administration, or for administration, until the decree
  209-6  of final distribution and the discharge of the last personal
  209-7  representative, shall be considered as one proceeding for purposes
  209-8  of jurisdiction.  The entire proceeding is a proceeding in rem.
  209-9        SECTION 3.  Section 3, Texas Probate Code, is amended to read
 209-10  as follows:
 209-11        Sec. 3.  Definitions and Use of Terms.  Except as otherwise
 209-12  provided by Chapter XIII of this Code, when <When> used in this
 209-13  Code, unless otherwise apparent from the context:
 209-14              (a)  "Authorized corporate surety" means a domestic or
 209-15  foreign corporation authorized to do business in the State of Texas
 209-16  for the purpose of issuing surety, guaranty or indemnity bonds
 209-17  guaranteeing the fidelity of executors and<,> administrators<, and
 209-18  guardians>.
 209-19              (b)  "Child" includes an adopted child, whether adopted
 209-20  by any existing or former statutory procedure or by acts of
 209-21  estoppel, but, unless expressly so stated herein, does not include
 209-22  a child who has no presumed father.
 209-23              (c)  "Claims" include liabilities of a decedent which
 209-24  survive, including taxes, whether arising in contract or in tort or
 209-25  otherwise, funeral expenses, the expense of a tombstone, expenses
 209-26  of administration, estate and inheritance taxes, <liabilities
 209-27  against the estate of a minor or incompetent,> and debts due such
  210-1  estates.
  210-2              (d)  "Corporate fiduciary" means a trust company or
  210-3  bank having trust powers, existing or doing business under the laws
  210-4  of this state or of the United States, which is authorized by law
  210-5  to act under the order or appointment of any court of record,
  210-6  without giving bond, as <guardian,> receiver, trustee, executor,
  210-7  administrator, or, although without general depository powers,
  210-8  depository for any moneys paid into court, or to become sole
  210-9  guarantor or surety in or upon any bond required to be given under
 210-10  the laws of this state.
 210-11              (e)  "County Court" and "Probate Court" are synonymous
 210-12  terms and denote county courts in the exercise of their probate
 210-13  jurisdiction, courts created by statute and authorized to exercise
 210-14  original probate jurisdiction, and district courts exercising
 210-15  probate jurisdiction in contested matters.
 210-16              (f)  "County Judge," "Probate Judge," and "Judge"
 210-17  denote the presiding judge of any court having original
 210-18  jurisdiction over probate proceedings, whether it be a county court
 210-19  in the exercise of its probate jurisdiction, a court created by
 210-20  statute and authorized to exercise probate jurisdiction, or a
 210-21  district court exercising probate jurisdiction in contested
 210-22  matters.
 210-23              (g)  "Court" denotes and includes both a county court
 210-24  in the exercise of its probate jurisdiction, a court created by
 210-25  statute and authorized to exercise original probate jurisdiction,
 210-26  or a district court exercising original probate jurisdiction in
 210-27  contested matters.
  211-1              (h)  "Devise," when used as a noun, includes a
  211-2  testamentary disposition of real or personal property, or of both.
  211-3  When used as a verb, "devise" means to dispose of real or personal
  211-4  property, or of both, by will.
  211-5              (i)  "Devisee" includes legatee.
  211-6              (j)  "Distributee" denotes a person entitled to the
  211-7  estate of a decedent under a lawful will, or under the statutes of
  211-8  descent and distribution.
  211-9              (k)  "Docket" means the probate docket.
 211-10              (l)  "Estate" denotes the real and personal property of
 211-11  a decedent <or ward>, both as such property originally existed and
 211-12  as from time to time changed in form by sale, reinvestment, or
 211-13  otherwise, and as augmented by any accretions and additions thereto
 211-14  (including any property to be distributed to the representative of
 211-15  the decedent by the trustee of a trust which terminates upon the
 211-16  decedent's death) and substitutions therefor, and as diminished by
 211-17  any decreases therein and distributions therefrom.
 211-18              (m)  "Exempt property" refers to that property of a
 211-19  decedent's estate which is exempt from execution or forced sale by
 211-20  the Constitution or laws of this State, and to the allowance in
 211-21  lieu thereof.
 211-22              (n)  "Habitual drunkard" and "common drunkard" are
 211-23  synonymous and denote one who, by reason of the habitual use of
 211-24  intoxicating liquor, drugs, or a toxic inhalant as defined by
 211-25  Section 462.001, Health and Safety Code, is incapable of taking
 211-26  care of himself or managing his property and financial affairs.
 211-27              (o)  "Heirs" denote those persons, including the
  212-1  surviving spouse, who are entitled under the statutes of descent
  212-2  and distribution to the estate of a decedent who dies intestate.
  212-3              (p)  "Incompetents" or "Incompetent persons" are
  212-4  persons non compos mentis, mentally disabled persons, insane
  212-5  persons, common or habitual drunkards, and other persons who are
  212-6  mentally incompetent to care for themselves or to manage their
  212-7  property and financial affairs.
  212-8              (q)  "Independent executor" means the personal
  212-9  representative of an estate under independent administration as
 212-10  provided in Section 145 of this Code.  The term "independent
 212-11  executor" includes the term "independent administrator."
 212-12              (r)  "Interested persons" or "persons interested" means
 212-13  heirs, devisees, spouses, creditors, or any others having a
 212-14  property right in, or claim against, the estate being administered;
 212-15  and anyone interested in the welfare of a minor or incompetent
 212-16  ward.
 212-17              (s)  "Legacy" includes any gift or devise by will,
 212-18  whether of personalty or realty.  "Legatee" includes any person
 212-19  entitled to a legacy under a will.
 212-20              (t)  "Minors" are all persons under eighteen years of
 212-21  age who have never been married or who have not had disabilities of
 212-22  minority removed for general purposes.
 212-23              (u)  "Minutes" means the probate minutes.
 212-24              (v)  "Mortgage" or "Lien" includes deed of trust,
 212-25  vendor's lien, chattel mortgage, mechanic's, materialman's or
 212-26  laborer's lien, judgment, attachment or garnishment lien, pledge by
 212-27  hypothecation, and Federal or State tax liens.
  213-1              (w)  "Net estate" means the real and personal property
  213-2  of a decedent, exclusive of homestead rights, exempt property, the
  213-3  family allowance and enforceable claims against the estate.
  213-4              (x)  "Person" includes natural persons and
  213-5  corporations.
  213-6              (y)  "Persons of unsound mind" are persons non compos
  213-7  mentis, mentally disabled persons, insane persons, and other
  213-8  persons who are mentally incompetent to care for themselves or to
  213-9  manage their property and financial affairs.
 213-10              (z)  "Personal property" includes interests in goods,
 213-11  money, choses in action, evidence of debts, and chattels real.
 213-12              (aa)  "Personal representative" or "Representative"
 213-13  includes executor, independent executor, administrator, independent
 213-14  administrator, temporary administrator, <guardian, and temporary
 213-15  guardian,> together with their successors.  The inclusion of
 213-16  independent executors herein shall not be held to subject such
 213-17  representatives to control of the courts in probate matters with
 213-18  respect to settlement of estates except as expressly provided by
 213-19  law.
 213-20              (bb)  "Probate matter," "Probate proceedings,"
 213-21  "Proceeding in probate," and "Proceedings for probate" are
 213-22  synonymous and include a matter or proceeding relating to
 213-23  <guardianship, as well as a matter or proceeding relating to> the
 213-24  estate of a decedent<, and proceedings regarding incompetents>.
 213-25              (cc)  "Property" includes both real and personal
 213-26  property.
 213-27              (dd)  "Real property" includes estates and interests in
  214-1  lands, corporeal or incorporeal, legal or equitable, other than
  214-2  chattels real.
  214-3              (ee)  "Surety" includes both personal and corporate
  214-4  sureties.
  214-5              (ff)  "Will" includes codicil; it also includes a
  214-6  testamentary instrument which merely:
  214-7                    (1)  appoints an executor or guardian;
  214-8                    (2)  directs how property may not be disposed of;
  214-9  or
 214-10                    (3)  revokes another will.
 214-11              (gg)  The singular number includes the plural; the
 214-12  plural number includes the singular.
 214-13              (hh)  The masculine gender includes the feminine and
 214-14  neuter.
 214-15              (ii)  "Statutory probate court" refers to any statutory
 214-16  court presently in existence or created after the passage of this
 214-17  Act, the jurisdiction of which is limited by statute to the general
 214-18  jurisdiction of a probate court, and such courts whose statutorily
 214-19  designated name contains the word "probate."  County courts at law
 214-20  exercising probate jurisdiction are not statutory probate courts
 214-21  under this Code unless their statutorily designated name includes
 214-22  the word "probate."
 214-23              (jj)  "Next of kin" includes an adopted child or his or
 214-24  her descendents and the adoptive parent of the adopted child.
 214-25              (kk)  "Charitable organization" means:
 214-26                    (1)  a nonprofit corporation, trust, community
 214-27  chest, fund, foundation, or other entity that is exempt from
  215-1  federal income tax under Section 501(c)(3) of the Internal Revenue
  215-2  Code of 1986  because the entity is organized and operated
  215-3  exclusively for religious, charitable, scientific, educational, or
  215-4  literary purposes, testing for public safety, prevention of cruelty
  215-5  to children or animals, or promotion of amateur sports competition;
  215-6  or
  215-7                    (2)  any other entity or organization that is
  215-8  organized and operated exclusively for the purposes listed in
  215-9  Section 501(c)(3) of the Internal Revenue Code of 1986.
 215-10              (ll)  "Governmental agency of the state" means:
 215-11                    (1)  an incorporated city or town, a county, a
 215-12  public school district, a special-purpose district or authority, or
 215-13  a district, county, or justice of the peace court;
 215-14                    (2)  a board, commission, department, office, or
 215-15  other agency in the executive branch of state government, including
 215-16  an institution of higher education as defined by Section 61.003,
 215-17  Education Code;
 215-18                    (3)  the legislature or a legislative agency; and
 215-19                    (4)  the supreme court, the court of criminal
 215-20  appeals, a court of appeals, or the State Bar of Texas or another
 215-21  judicial agency having statewide jurisdiction.
 215-22        SECTION 4.  Section 4, Texas Probate Code, is amended to read
 215-23  as follows:
 215-24        Sec. 4.  Jurisdiction of County Court With Respect to Probate
 215-25  Proceedings.  The county court shall have the general jurisdiction
 215-26  of a probate court.  It shall probate wills, <appoint guardians of
 215-27  minors and incompetents,> grant letters testamentary and of
  216-1  administration <and guardianship>, settle accounts of personal
  216-2  representatives, and transact all business appertaining to estates
  216-3  subject to administration <or guardianship>, including the
  216-4  settlement, partition, and distribution of such estates.  <It may
  216-5  also appoint guardians for other persons where it is necessary that
  216-6  a guardian be appointed to receive funds from any governmental
  216-7  source or agency.>
  216-8        SECTION 5.  Sections 5(a), (b), (c), and (e), Texas Probate
  216-9  Code, are amended to read as follows:
 216-10        (a)  The district court shall have original control and
 216-11  jurisdiction over executors and<,> administrators<, guardians and
 216-12  wards> under such regulations as may be prescribed by law.
 216-13        (b)  In those counties where there is no statutory probate
 216-14  court, county court at law or other statutory court exercising the
 216-15  jurisdiction of a probate court, all applications, petitions and
 216-16  motions regarding probate and<,> administrations<, guardianships,
 216-17  limited guardianships, and mental illness matters> shall be filed
 216-18  and heard in the county court, except that in contested probate
 216-19  matters, the judge of the county court may on his own motion (or
 216-20  shall on the motion of any party to the proceeding, according to
 216-21  the motion) request as provided by Section 25.0022, Government
 216-22  Code, the assignment of a statutory probate judge to hear the
 216-23  contested portion of the proceeding, or transfer the contested
 216-24  portion of the proceeding to the district court, which may then
 216-25  hear contested matter as if originally filed in district court.
 216-26  The county court shall continue to exercise jurisdiction over the
 216-27  management of the estate with the exception of the contested matter
  217-1  until final disposition of the contested matter is made by the
  217-2  assigned judge or the district court.  In contested matters
  217-3  transferred to the district court in those counties, the district
  217-4  court, concurrently with the county court, shall have the general
  217-5  jurisdiction of a probate court.  Upon resolution of all pending
  217-6  contested matters, the contested portion of the probate proceeding
  217-7  shall be transferred by the district court to the county court for
  217-8  further proceedings not inconsistent with the orders of the
  217-9  district court.  If a contested portion of the proceeding is
 217-10  transferred to a district court under this subsection, the clerk of
 217-11  the district court may perform in relation to the transferred
 217-12  portion of the proceeding any function a county clerk may perform
 217-13  in that type of contested proceeding.
 217-14        (c)  In those counties where there is a statutory probate
 217-15  court, county court at law, or other statutory court exercising the
 217-16  jurisdiction of a probate court, all applications, petitions and
 217-17  motions regarding probate and<,> administrations<, guardianships,
 217-18  limited guardianships, and mental illness matters> shall be filed
 217-19  and heard in such courts and the constitutional county court,
 217-20  rather than in the district courts, unless otherwise provided by
 217-21  the legislature, and the judges of such courts may hear any of such
 217-22  matters sitting for the judge of any of such courts.  In contested
 217-23  probate matters, the judge of the constitutional county court may
 217-24  on his own motion, and shall on the motion of any party to the
 217-25  proceeding, transfer the proceeding to the statutory probate court,
 217-26  county court at law, or other statutory court exercising the
 217-27  jurisdiction of a probate court, which may then hear the proceeding
  218-1  as if originally filed in such court.
  218-2        (e)  All courts exercising original probate jurisdiction
  218-3  shall have the power to hear all matters incident to an estate.
  218-4  When a surety is called on to perform in place of an administrator
  218-5  <or guardian>, all courts exercising original probate jurisdiction
  218-6  may award judgment against the personal representative in favor of
  218-7  his surety in the same suit.
  218-8        SECTION 6.  Sections 5A(a) and (b), Texas Probate Code, are
  218-9  amended to read as follows:
 218-10        (a)  In proceedings in the constitutional county courts and
 218-11  statutory county courts at law, the phrases "appertaining to
 218-12  estates" and "incident to an estate" in this Code include the
 218-13  probate of wills, the issuance of letters testamentary and of
 218-14  administration, the determination of heirship, and also include,
 218-15  but are not limited to, all claims by or against an estate, all
 218-16  actions for trial of title to land incident to an estate and for
 218-17  the enforcement of liens thereon incident to an estate, all actions
 218-18  for trial of the right of property incident to an estate, and
 218-19  actions to construe wills, and generally all matters relating to
 218-20  the settlement, partition, and distribution of estates of <wards
 218-21  and> deceased persons.
 218-22        (b)  In proceedings in the statutory probate courts and
 218-23  district courts, the phrases "appertaining to estates" and
 218-24  "incident to an estate" in this Code include the probate of wills,
 218-25  the issuance of letters testamentary and of administration, and the
 218-26  determination of heirship, and also include, but are not limited
 218-27  to, all claims by or against an estate, all actions for trial of
  219-1  title to land and for the enforcement of liens thereon, all actions
  219-2  for trial of the right of property, all actions to construe wills,
  219-3  the interpretation and administration of testamentary trusts and
  219-4  the applying of constructive trusts, and generally all matters
  219-5  relating to the settlement, partition, and distribution of estates
  219-6  of <wards and> deceased persons.  All statutory probate courts may,
  219-7  in the exercise of their jurisdiction, notwithstanding any other
  219-8  provisions of this Code, hear all suits, actions, and applications
  219-9  filed against or on behalf of any <guardianship,> heirship
 219-10  proceeding<,> or decedent's estate, including estates administered
 219-11  by an independent executor.  This subsection shall be construed in
 219-12  conjunction with and in harmony with Section 145 and all other
 219-13  sections of this Code dealing with independent executors, but shall
 219-14  not be construed so as to increase permissible judicial control
 219-15  over independent executors.  All statutory probate courts shall
 219-16  have the same powers over independent executors that are
 219-17  exercisable by the district courts.  In situations where the
 219-18  jurisdiction of a statutory probate court is concurrent with that
 219-19  of a district court, any cause of action appertaining to estates or
 219-20  incident to an estate shall be brought in a statutory probate court
 219-21  rather than in the district court.
 219-22        SECTION 7.  Section 12(c), Texas Probate Code, is amended to
 219-23  read as follows:
 219-24        (c)  Suit for Fiduciary.  No security for costs shall be
 219-25  required of an executor or<,> administrator<, or guardian>
 219-26  appointed by a court of this state in any suit brought by him in
 219-27  his fiduciary character.
  220-1        SECTION 8.  Section 13, Texas Probate Code, is amended to
  220-2  read as follows:
  220-3        Sec. 13.  Judge's Probate Docket.  The county clerk shall
  220-4  keep a record book to be styled "Judge's Probate Docket," and shall
  220-5  enter therein:
  220-6              (a)  The name of each person upon whose person or
  220-7  estate proceedings are had or sought to be had.
  220-8              (b)  The name of the executor or administrator <or
  220-9  guardian of such estate or person,> or of the applicant for
 220-10  letters.
 220-11              (c)  The date of the filing of the original application
 220-12  for probate proceedings.
 220-13              (d)  A minute of each order, judgment, decree, and
 220-14  proceeding had in each estate, with the date thereof.
 220-15              (e)  A number for each estate upon the docket in the
 220-16  order in which proceedings are commenced, and each paper filed in
 220-17  an estate shall be given the corresponding docket number of the
 220-18  estate.
 220-19        SECTION 9.  Section 14, Texas Probate Code, is amended to
 220-20  read as follows:
 220-21        Sec. 14.  Claim Docket.  The county clerk shall also keep a
 220-22  record book to be styled "Claim Docket," and shall enter therein
 220-23  all claims presented against an estate for approval by the court.
 220-24  This docket shall be ruled in sixteen columns at proper intervals
 220-25  from top to bottom, with a short note of the contents at the top of
 220-26  each column.  One or more pages shall be assigned to each estate.
 220-27  The following information shall be entered in the respective
  221-1  columns beginning with the first or marginal column:  The names of
  221-2  claimants in the order in which their claims are filed; the amount
  221-3  of the claim; its date; the date of filing; when due; the date from
  221-4  which it bears interest; the rate of interest; when allowed by the
  221-5  executor or administrator <or guardian>; the amount allowed; the
  221-6  date of rejection; when approved; the amount approved; when
  221-7  disapproved; the class to which the claim belongs; when established
  221-8  by judgment of a court; the amount of such judgment.
  221-9        SECTION 10.  Section 15, Texas Probate Code, is amended to
 221-10  read as follows:
 221-11        Sec. 15.  Probate Minutes and Papers to be Recorded Therein.
 221-12  The county clerk shall keep a record book styled "Probate Minutes,"
 221-13  and shall enter therein in full all orders, judgments, decrees, and
 221-14  proceedings of the court, together with the following:
 221-15              (a)  All applications for the probate of wills and for
 221-16  the granting of administration <or guardianship>.
 221-17              (b)  All citations and notices, whether published or
 221-18  posted, with the returns thereon.
 221-19              (c)  All wills and the testimony upon which the same
 221-20  are admitted to probate, provided that the substance only of
 221-21  depositions shall be recorded.
 221-22              (d)  All bonds and official oaths.
 221-23              (e)  All inventories, appraisements, and lists of
 221-24  claims.
 221-25              (f)  All exhibits and accounts.
 221-26              (g)  All reports of hiring, renting, or sale.
 221-27              (h)  All applications for sale or partition of real
  222-1  estate and reports of sale and of commissioners of partition.
  222-2              (i)  All applications for authority to execute leases
  222-3  for mineral development, or for pooling or unitization of lands,
  222-4  royalty, or other interest in minerals, or to lend or invest money.
  222-5              (j)  All reports of lending or investing money.
  222-6        SECTION 11.  Section 19, Texas Probate Code, is amended to
  222-7  read as follows:
  222-8        Sec. 19.  Call of the Dockets.  The judge of the court in
  222-9  which probate proceedings are pending, at such times as he shall
 222-10  determine, shall call the estates of decedents<, minors and
 222-11  incompetents> in their regular order upon both the probate and
 222-12  claim dockets and make such orders as shall be necessary.
 222-13        SECTION 12.  Section 24, Texas Probate Code, is amended to
 222-14  read as follows:
 222-15        Sec. 24.  Enforcement of Orders.  The county or probate judge
 222-16  may enforce obedience to all his lawful orders against executors
 222-17  and<,> administrators <and guardians> by attachment and
 222-18  imprisonment, but no such imprisonment shall exceed three days for
 222-19  any one offense, unless otherwise expressly so provided in this
 222-20  Code.
 222-21        SECTION 13.  Section 26, Texas Probate Code, is amended to
 222-22  read as follows:
 222-23        Sec. 26.  Attachments for Property.  Whenever complaint in
 222-24  writing, under oath, shall be made to the county or probate judge
 222-25  by any person interested in the estate of a decedent<, minor or
 222-26  incompetent> that the executor or administrator <or guardian> is
 222-27  about to remove said estate, or any part thereof, beyond the limits
  223-1  of the State, such judge may order a writ to issue, directed "to
  223-2  any sheriff or any constable within the State of Texas," commanding
  223-3  him to seize such estate, or any part thereof, and hold the same
  223-4  subject to such further orders as such judge shall make on such
  223-5  complaint.  No such writ shall issue unless the complainant shall
  223-6  give bond, in such sum as the judge shall require, payable to the
  223-7  executor or administrator <or guardian> of such estate, conditioned
  223-8  for the payment of all damages and costs that shall be recovered
  223-9  for the wrongful suing out of such writ.  Provided, however, that
 223-10  no writ of attachment directed to the sheriff or any constable of a
 223-11  specific county within this State shall be held defective if such
 223-12  writ was properly executed within such county by such officer.
 223-13        SECTION 14.  Section 28, Texas Probate Code, is amended to
 223-14  read as follows:
 223-15        Sec. 28.  Personal Representative to Serve Pending Appeal of
 223-16  Appointment.  Pending appeals from orders or judgments appointing
 223-17  administrators <or guardians> or temporary administrators <or
 223-18  guardians>, the appointees shall continue to act as such and shall
 223-19  continue the prosecution of any suits then pending in favor of the
 223-20  estate.
 223-21        SECTION 15.  Section 29, Texas Probate Code, is amended to
 223-22  read as follows:
 223-23        Sec. 29.  Appeal Bonds of Personal Representatives.  When an
 223-24  appeal is taken by an executor or<,> administrator<, or guardian>,
 223-25  no bond shall be required, unless such appeal personally concerns
 223-26  him, in which case he must give the bond.
 223-27        SECTION 16.  Section 31, Texas Probate Code, is amended to
  224-1  read as follows:
  224-2        Sec. 31.  Bill of Review.  Any person interested may, by a
  224-3  bill of review filed in the court in which the probate proceedings
  224-4  were had, have any decision, order, or judgment rendered by the
  224-5  court, or by the judge thereof, revised and corrected on showing
  224-6  error therein; but no process or action under such decision, order
  224-7  or judgment shall be stayed except by writ of injunction, and no
  224-8  bill of review shall be filed after two years have elapsed from the
  224-9  date of such decision, order, or judgment.  <Persons non compos
 224-10  mentis and minors shall have two years after the removal of their
 224-11  respective disabilities within which to apply for a bill of
 224-12  review.>
 224-13        SECTION 17.  Section 32, Texas Probate Code, is amended to
 224-14  read as follows:
 224-15        Sec. 32.  Common Law Applicable.  The rights, powers and
 224-16  duties of executors and<,> administrators<, and guardians> shall be
 224-17  governed by the principles of the common law, when the same do not
 224-18  conflict with the provisions of the statutes of this State.
 224-19        SECTION 18.  Section 33(j), Texas Probate Code, is amended to
 224-20  read as follows:
 224-21        (j)  Request for Notice.  At any time after an application is
 224-22  filed for the purpose of commencing any proceeding in probate,
 224-23  including, but not limited to, a proceeding for the probate of a
 224-24  will, grant of letters testamentary or of administration and<,>
 224-25  determination of heirship, <and the grant of letters of
 224-26  guardianship,> any person interested in the estate <or welfare of a
 224-27  ward,> may file with the clerk a request in writing that he be
  225-1  notified of any and all, or of any specifically designated,
  225-2  motions, applications, or pleadings filed by any person, or by any
  225-3  particular persons specifically designated in the request.  The
  225-4  fees and costs for such notices shall be borne by the person
  225-5  requesting them, and the clerk may require a deposit to cover the
  225-6  estimated costs of furnishing such person with the notice or
  225-7  notices requested.  The clerk shall thereafter send to such person
  225-8  by ordinary mail copies of any of the documents specified in the
  225-9  request.  Failure of the clerk to comply with the request shall not
 225-10  invalidate any proceeding.
 225-11        SECTION 19.  Section 34A, Texas Probate Code, is amended to
 225-12  read as follows:
 225-13        Sec. 34A.  <GUARDIANS AND> Attorneys Ad Litem.  The judge of
 225-14  a probate court may appoint <a guardian ad litem,> an attorney ad
 225-15  litem<, or, if necessary, both,> to represent the interests of a
 225-16  person having a legal disability, a nonresident, an unborn or
 225-17  unascertained person, or an unknown heir in any probate proceeding.
 225-18  Each <guardian ad litem and> attorney ad litem appointed under this
 225-19  section is entitled to reasonable compensation for services in the
 225-20  amount set by the court and to be taxed as costs in the proceeding.
 225-21        SECTION 20.  Section 35, Texas Probate Code, is amended to
 225-22  read as follows:
 225-23        Sec. 35.  Waiver of Notice.  Any person legally competent who
 225-24  is interested in any hearing in a proceeding in probate may, in
 225-25  person or by attorney, waive in writing notice of such hearing.  A
 225-26  <guardian of the estate or a guardian ad litem may make such a
 225-27  waiver on behalf of his ward, and a> trustee may make such a waiver
  226-1  on behalf of the beneficiary of his trust.  A consul or other
  226-2  representative of a foreign government, whose appearance has been
  226-3  entered as provided by law on behalf of any person residing in a
  226-4  foreign country, may make such waiver of notice on behalf of such
  226-5  person.  Any person who submits to the jurisdiction of the court in
  226-6  any hearing shall be deemed to have waived notice thereof.
  226-7        SECTION 21.  Section 36, Texas Probate Code, is amended to
  226-8  read as follows:
  226-9        Sec. 36.  Duty and Responsibility of Judge.  It shall be the
 226-10  duty of each county and probate court to use reasonable diligence
 226-11  to see that personal representatives of estates being administered
 226-12  under orders of the court<, guardians of the persons of wards,> and
 226-13  other officers of the court<,> perform the duty enjoined upon them
 226-14  by law pertaining to such estates <and wards>.  The judge shall
 226-15  annually, if in his opinion the same be necessary, examine the
 226-16  condition of each of said estates<, the well-being of each ward of
 226-17  the court,> and the solvency of the bonds of personal
 226-18  representatives of estates <estate and guardians of persons>.  He
 226-19  shall, at any time he finds that the personal representative's bond
 226-20  is not sufficient to protect such estate <or ward>, require such
 226-21  personal representatives to execute a new bond in accordance with
 226-22  law.  In each case, he shall notify the personal representative,
 226-23  and the sureties on the bond, as provided by law; and should damage
 226-24  or loss result to estates <or wards> through the gross neglect of
 226-25  the judge to use reasonable diligence in the performance of his
 226-26  duty, he shall be liable on his bond to those damaged by such
 226-27  neglect.
  227-1        SECTION 22.  The heading to Chapter V, Texas Probate Code, is
  227-2  amended to read as follows:
  227-3         CHAPTER V.  PROBATE AND<,> GRANT OF ADMINISTRATION<,
  227-4                           AND GUARDIANSHIP>
  227-5        SECTION 23.  The heading to Chapter VI, Texas Probate Code,
  227-6  is amended to read as follows:
  227-7             CHAPTER VI.  SPECIAL TYPES OF ADMINISTRATION
  227-8                          <AND GUARDIANSHIP>
  227-9        SECTION 24.  The heading to Part 1, Chapter VI, Texas Probate
 227-10  Code, is amended to read as follows:
 227-11      PART 1.  TEMPORARY ADMINISTRATION IN THE INTEREST OF <(A)>
 227-12     ESTATES OF DEPENDENTS<, AND (B) PERSONS OR ESTATES OF MINORS
 227-13                           AND INCOMPETENTS>
 227-14        SECTION 25.  Section 133, Texas Probate Code, is amended to
 227-15  read as follows:
 227-16        Sec. 133.  Powers of Temporary ADMINISTRATORS <Appointees>.
 227-17  <(a)  Temporary Administrators.>  Temporary administrators shall
 227-18  have and exercise only such rights and powers as are specifically
 227-19  expressed in the order of the court appointing them, and as may be
 227-20  expressed in subsequent orders of the court.  Where a court, by a
 227-21  subsequent order, extends the rights and powers of a temporary
 227-22  administrator, it may require additional bond commensurate with
 227-23  such extension.  Any acts performed by temporary administrators
 227-24  that are not so expressly authorized shall be void.
 227-25        <(b)  Temporary Guardianships.  All the provisions of this
 227-26  Code relating to the guardianship of persons and estates of minors,
 227-27  persons of unsound mind, and habitual drunkards shall apply to
  228-1  temporary guardianship of the persons and estates of such persons,
  228-2  in so far as the same are applicable.>
  228-3        SECTION 26.  The heading to Section 135, Texas Probate Code,
  228-4  is amended to read as follows:
  228-5        Sec. 135.  Closing Temporary Administration <or Guardianship>
  228-6        SECTION 27.  The heading to Chapter VII, Texas Probate Code,
  228-7  is amended to read as follows:
  228-8            CHAPTER VII.  EXECUTORS AND<,> ADMINISTRATORS<,
  228-9                            AND GUARDIANS>
 228-10        SECTION 28.  Section 186, Texas Probate Code, is amended to
 228-11  read as follows:
 228-12        Sec. 186.  Letters or Certificate Made Evidence.  Letters
 228-13  testamentary or<,> of administration<, or of guardianship,> or a
 228-14  certificate of the clerk of the court which granted the same, under
 228-15  the seal of such court, that said letters have been issued, shall
 228-16  be sufficient evidence of the appointment and qualification of the
 228-17  personal representative of an estate <or ward> and of the date of
 228-18  qualification.
 228-19        SECTION 29.  Section 189, Texas Probate Code, is amended to
 228-20  read as follows:
 228-21        Sec. 189.  How Executors AND<,> Administrators<, and
 228-22  Guardians> Shall Qualify.  A personal representative shall be
 228-23  deemed to have duly qualified when he shall have taken and filed
 228-24  his oath and made the required bond, had the same approved by the
 228-25  judge, and filed it with the clerk.  In case of an executor <or
 228-26  guardian> who is not required to make bond, he shall be deemed to
 228-27  have duly qualified when he shall have taken and filed his oath
  229-1  required by law.
  229-2        SECTION 30.  Section 192, Texas Probate Code, is amended to
  229-3  read as follows:
  229-4        Sec. 192.  Time for Taking Oath and Giving Bond.  The oath of
  229-5  a personal representative may be taken and subscribed, or his bond
  229-6  may be given and approved, at any time before the expiration of
  229-7  twenty days after the date of the order granting letters
  229-8  testamentary or of administration <or of guardianship>, as the case
  229-9  may be, or before such letters shall have been revoked for a
 229-10  failure to qualify within the time allowed.  All such oaths may be
 229-11  taken before any person authorized to administer oaths under the
 229-12  laws of this State.
 229-13        SECTION 31.  Section 194, Texas Probate Code, is amended to
 229-14  read as follows:
 229-15        Sec. 194.  Bonds of Personal Representatives of Estates.
 229-16  Except when bond is not required under the provisions of this Code,
 229-17  before the issuance of letters testamentary<,> or of administration
 229-18  <or guardianship of estates>, the recipient of letters shall enter
 229-19  into bond conditioned as required by law, payable to the county
 229-20  judge or probate judge of the county in which the probate
 229-21  proceedings are pending and to his successors in office.  Such
 229-22  bonds shall bear the written approval of either of such judges in
 229-23  his official capacity, and shall be executed and approved in
 229-24  accordance with the following rules:
 229-25              1.  Court to Fix Penalty.  The penalty of the bond
 229-26  shall be fixed by the judge, in an amount deemed sufficient to
 229-27  protect the estate and its creditors, as hereinafter provided.
  230-1              2.  Bond to Protect Creditors Only, When.  If the
  230-2  person to whom letters testamentary or of administration is granted
  230-3  is also entitled to all of the decedent's estate, after payment of
  230-4  debts, the bond shall be in an amount sufficient to protect
  230-5  creditors only, notwithstanding the rules applicable generally to
  230-6  bonds of personal representatives of estates.
  230-7              3.  Before Fixing Penalty, Court to Hear Evidence.  In
  230-8  any case where a bond is, or shall be, required of a personal
  230-9  representative of an estate, the court shall, before fixing the
 230-10  penalty of the bond, hear evidence and determine:
 230-11                    (a)  The amount of cash on hand and where
 230-12  deposited, and the amount of cash estimated to be needed for
 230-13  administrative purposes, including operation of a business,
 230-14  factory, farm or ranch owned by the estate, and expenses of
 230-15  administration for one (1) year; and
 230-16                    (b)  The revenue anticipated to be received in
 230-17  the succeeding twelve (12) months from dividends, interest,
 230-18  rentals, or use of real or personal property belonging to the
 230-19  estate and the aggregate amount of any installments or periodical
 230-20  payments to be collected; and
 230-21                    (c)  The estimated value of certificates of
 230-22  stock, bonds, notes, or securities of the estate or ward, the name
 230-23  of the depository, if any, in which said assets are held for
 230-24  safekeeping, the face value of life insurance or other policies
 230-25  payable to the person on whose estate administration is sought, or
 230-26  to such estate, and such other personal property as is owned by the
 230-27  estate, or by one under disability; and
  231-1                    (d)  The estimated amount of debts due and owing
  231-2  by the estate or ward.
  231-3              4.  Penalty of Bond.  The penalty of the bond shall be
  231-4  fixed by the judge in an amount equal to the estimated value of all
  231-5  personal property belonging to the estate, or to the person under
  231-6  disability, together with an additional amount to cover revenue
  231-7  anticipated to be derived during the succeeding twelve (12) months
  231-8  from interest, dividends, collectible claims, the aggregate amount
  231-9  of any installments or periodical payments exclusive of income
 231-10  derived or to be derived from federal social security payments, and
 231-11  rentals for use of real and personal property; provided, that the
 231-12  penalty of the original bond shall be reduced in proportion to the
 231-13  amount of cash or value of securities or other assets authorized or
 231-14  required to be deposited or placed in safekeeping by order of
 231-15  court, or voluntarily made by the representative or by his sureties
 231-16  as hereinafter provided in Subdivisions 6 and 7 hereof.
 231-17              5.  Agreement as to Deposit of Assets.  It shall be
 231-18  lawful, and the court may require such action when deemed in the
 231-19  best interest of an estate <or ward>, for a personal representative
 231-20  to agree with the surety or sureties, either corporate or personal,
 231-21  for the deposit of any or all cash, and safekeeping of other assets
 231-22  of the estate in a domestic state or national bank, trust company,
 231-23  savings and loan association, or other domestic corporate
 231-24  depository, duly incorporated and qualified to act as such under
 231-25  the laws of this State or of the United States, if such deposit is
 231-26  otherwise proper, in such manner as to prevent the withdrawal of
 231-27  such moneys or other assets without the written consent of the
  232-1  surety, or an order of the court made on such notice to the surety
  232-2  as the court shall direct.  No such agreement shall in any manner
  232-3  release from or change the liability of the principal or sureties
  232-4  as established by the terms of the bond.
  232-5              6.  Deposits Authorized or Required, When.  Cash or
  232-6  securities or other personal assets of an estate <or ward> or which
  232-7  an estate <or ward> is entitled to receive may, and if deemed by
  232-8  the court in the best interest of such estate <or ward> shall, be
  232-9  deposited or placed in safekeeping as the case may be, in one or
 232-10  more of the depositories hereinabove described upon such terms as
 232-11  shall be prescribed by the court.  The court in which the
 232-12  proceedings are pending, upon its own motion, or upon written
 232-13  application of the representative or of any other person interested
 232-14  in the estate <or ward> may authorize or require additional assets
 232-15  of the estate then on hand or as they accrue during the pendency of
 232-16  the probate proceedings to be deposited or held in safekeeping as
 232-17  provided above.  The amount of the bond of the personal
 232-18  representative shall be reduced in proportion to the cash so
 232-19  deposited, or the value of the securities or other assets placed in
 232-20  safekeeping.  Such cash so deposited, or securities or other assets
 232-21  held in safekeeping, or portions thereof, may be withdrawn from a
 232-22  depository only upon order of the court, and the bond of the
 232-23  personal representative shall be increased in proportion to the
 232-24  amount of cash or the value of securities or other assets so
 232-25  authorized to be withdrawn.
 232-26              7.  Representative May Deposit Cash or Securities of
 232-27  His Own in Lieu of Bond.  It shall be lawful for the personal
  233-1  representative of an estate, in lieu of giving surety or sureties
  233-2  on any bond which shall be required of him, or for the purpose of
  233-3  reducing the amount of such bond, to deposit out of his own assets
  233-4  cash or securities acceptable to the court, with a depository such
  233-5  as named above or with any other corporate depository approved by
  233-6  the court, if such deposit is otherwise proper, said deposit to be
  233-7  equal in amount or value to the amount of the bond required, or the
  233-8  bond reduced by the value of assets so deposited.
  233-9              8.  Rules Applicable to Making and Handling Deposits in
 233-10  Lieu of Bond or to Reduce Penal Sum of Bond.  (a)  A receipt for a
 233-11  deposit in lieu of surety or sureties shall be issued by the
 233-12  depository, showing the amount of cash or, if securities, the
 233-13  amount and description thereof, and agreeing not to disburse or
 233-14  deliver the same except upon receipt of a certified copy of an
 233-15  order of the court in which the proceedings are pending, and such
 233-16  receipt shall be attached to the representative's bond and be
 233-17  delivered to and filed by the county clerk after approval by the
 233-18  judge.
 233-19                    (b)  The amount of cash or securities on deposit
 233-20  may be increased or decreased, by order of the court from time to
 233-21  time, as the interest of the estate shall require.
 233-22                    (c)  Deposits in lieu of sureties on bonds,
 233-23  whether of cash or securities, may be withdrawn or released only on
 233-24  order of a court having jurisdiction.
 233-25                    (d)  Creditors shall have the same rights against
 233-26  the representative and such deposits as are provided for recovery
 233-27  against sureties on a bond.
  234-1                    (e)  The court may on its own motion, or upon
  234-2  written application by the representative or by any other person
  234-3  interested in the estate, require that adequate bond be given by
  234-4  the representative in lieu of such deposit, or authorize withdrawal
  234-5  of the deposit and substitution of a bond with sureties therefor.
  234-6  In either case, the representative shall file a sworn statement
  234-7  showing the condition of the estate, and unless the same be filed
  234-8  within twenty (20) days after being personally served with notice
  234-9  of the filing of an application by another, or entry of the court's
 234-10  motion, he shall be subject to removal as in other cases.  The
 234-11  deposit may not be released or withdrawn until the court has been
 234-12  satisfied as to the condition of the estate, has determined the
 234-13  amount of bond, and has received and approved the bond.
 234-14              9.  Withdrawal of Deposits when Estate Closed.  Upon
 234-15  the closing of an estate, any such deposit or portion thereof
 234-16  remaining on hand, whether of the assets of the representative, or
 234-17  of the assets of the estate, or of the surety, shall be released by
 234-18  order of court and paid over to the person or persons entitled
 234-19  thereto.  No writ of attachment or garnishment shall lie against
 234-20  the deposit, except as to claims of creditors of the estate being
 234-21  administered, or persons interested therein, including distributees
 234-22  and wards, and then only in the event distribution has been ordered
 234-23  by the court, and to the extent only of such distribution as shall
 234-24  have been ordered.
 234-25              10.  Who May Act as Sureties.  The surety or sureties
 234-26  on said bonds may be authorized corporate sureties, or personal
 234-27  sureties.
  235-1              11.  Procedure When Bond Exceeds Fifty Thousand Dollars
  235-2  ($50,000).  When any such bond shall exceed Fifty Thousand Dollars
  235-3  ($50,000) in penal sum, the court may require that such bond be
  235-4  signed by two (2) or more authorized corporate sureties, or by one
  235-5  such surety and two (2) or more good and sufficient personal
  235-6  sureties.  The estate shall pay the cost of a bond with corporate
  235-7  sureties.
  235-8              12.  Qualifications of Personal Sureties.  If the
  235-9  sureties be natural persons, there shall not be less than two (2),
 235-10  each of whom shall make affidavit in the manner prescribed in this
 235-11  Code, and the judge shall be satisfied that he owns property within
 235-12  this State, over and above that exempt by law, sufficient to
 235-13  qualify as a surety as required by law.   Except as provided by
 235-14  law, only one surety is required if the surety is an authorized
 235-15  corporate surety; provided, a personal surety, instead of making
 235-16  affidavit, or creating a lien on specific real estate when such is
 235-17  required, may, in the same manner as a personal representative,
 235-18  deposit his own cash or securities, in lieu of pledging real
 235-19  property as security, subject, so far as applicable, to the
 235-20  provisions covering such deposits when made by personal
 235-21  representatives.
 235-22              13.  Bonds of Temporary Appointees.  In case of a
 235-23  temporary administrator <or guardian>, the bond shall be in such
 235-24  sum as the judge shall direct.
 235-25              14.  <Only One Bond for Guardian of Person and Estate.
 235-26  Where one person is appointed guardian of both the person and
 235-27  estate of a ward, only one bond shall be given by the guardian, in
  236-1  the same amount that would be required from a guardian of the
  236-2  estate only.>
  236-3              <15.>  Increased or Additional Bonds When Property
  236-4  Sold, Rented, Leased for Mineral Development, or Money Borrowed or
  236-5  Invested.  The provisions in this Section with respect to deposit
  236-6  of cash and safekeeping of securities shall cover, so far as they
  236-7  may be applicable, the orders to be entered by the court when real
  236-8  or personal property of an estate has been authorized to be sold or
  236-9  rented, or money borrowed thereon, or when real property, or an
 236-10  interest therein, has been authorized to be leased for mineral
 236-11  development or subjected to unitization, the general bond having
 236-12  been found insufficient<, or when money is borrowed or invested on
 236-13  behalf of a ward>.
 236-14        SECTION 32.  Section 196, Texas Probate Code, is amended to
 236-15  read as follows:
 236-16        Sec. 196.  Form of Bond.  The following form, or the same in
 236-17  substance, may be used for the bonds of personal representatives:
 236-18        "The State of Texas
 236-19        "County of ______
 236-20        "Know all men by these presents that we, A. B., as principal,
 236-21  and E. F., as sureties, are held and firmly bound unto the county
 236-22  (or probate) judge of the County of ______, and his successors in
 236-23  office, in the sum of ______ Dollars; conditioned that the above
 236-24  bound A. B., who has been appointed executor of the last will and
 236-25  testament of J. C., deceased (or has been appointed by the said
 236-26  judge of ______ County, administrator with the will annexed of the
 236-27  estate of J.  C., deceased, or has been appointed by the said judge
  237-1  of ______ County, administrator of the estate of J. C., deceased,
  237-2  or has been appointed by the said judge of ______ County, temporary
  237-3  administrator of the estate of J. C., deceased, as the case may
  237-4  be<, or has been appointed by the judge of said county as guardian
  237-5  or temporary guardian of the estate, or of the person or person and
  237-6  estate of ______, stating in each case whether or not such person
  237-7  is a minor or a person of unsound mind or an habitual drunkard or a
  237-8  person for whom a guardian is necessary to receive funds or money
  237-9  from a governmental source>), shall well and truly perform all of
 237-10  the duties required of him by law under said appointment."
 237-11        SECTION 33.  Section 200, Texas Probate Code, is amended to
 237-12  read as follows:
 237-13        Sec. 200.  Bond of Married Person Under Eighteen Years of
 237-14  Age.  When a person under eighteen years of age who is or has been
 237-15  married shall accept and qualify as executor or<,> administrator,
 237-16  <or guardian,> any bond required to be executed by him shall be as
 237-17  valid and binding for all purposes as if he were of lawful age.
 237-18        SECTION 34.  Sections 214, 215, 216, and 217, Texas Probate
 237-19  Code, are amended to read as follows:
 237-20        Sec. 214.  Executor <or Guardian> Without Bond Required to
 237-21  Give Bond.  Where no bond is required of an executor <or guardian>
 237-22  appointed by will, any person having a debt, claim, or demand
 237-23  against the estate, to the justice of which oath has been made by
 237-24  himself, his agent, or attorney, or any other person interested in
 237-25  such estate, whether in person or as the representative of another,
 237-26  may file a complaint in writing in the court where such will is
 237-27  probated, and the court shall thereupon cite such executor <or
  238-1  guardian> to appear and show cause why he should not be required to
  238-2  give bond.
  238-3        Sec. 215.  Order Requiring Bond.  Upon hearing such
  238-4  complaint, if it appears to the court that such executor <or
  238-5  guardian> is wasting, mismanaging, or misapplying such estate, and
  238-6  that thereby a creditor may probably lose his debt, or that thereby
  238-7  some person's interest in the estate may be diminished or lost, the
  238-8  court shall enter an order requiring such executor <or guardian> to
  238-9  give bond within ten days from the date of such order.
 238-10        Sec. 216.  Bond in Such Case.  Such bond shall be for an
 238-11  amount sufficient to protect the estate and its creditors, to be
 238-12  approved by, and payable to, the judge, conditioned that said
 238-13  executor <or guardian> will well and truly administer such estate,
 238-14  and that he will not waste, mismanage, or misapply the same.
 238-15        Sec. 217.  Failure to Give Bond.  Should the executor <or
 238-16  guardian> fail to give such bond within ten days after the order
 238-17  requiring him to do so, then if the judge does not extend the time,
 238-18  he shall, without citation, remove such executor <or guardian> and
 238-19  appoint some competent person in his stead who shall administer the
 238-20  estate according to the provisions of such will or the law, and
 238-21  who, before he enters upon the administration of said estate, shall
 238-22  take the oath required of an administrator with the will annexed
 238-23  <or of a guardian as the case may be>, and shall give bond in the
 238-24  same manner and in the same amount provided in this Code for the
 238-25  issuance of original letters of administration <or guardianship>.
 238-26        SECTION 35.  Sections 220(c), (d), and (g), Texas Probate
 238-27  Code, are amended to read as follows:
  239-1        (c)  When Named Executor <or Guardian> Becomes an Adult.  If
  239-2  one named in a will as executor <or guardian> is not an adult when
  239-3  the will is probated and letters in any capacity have been granted
  239-4  to another, such nominated executor <or guardian>, upon proof that
  239-5  he has become an adult and is not otherwise disqualified, shall be
  239-6  entitled to have such former letters revoked and appropriate
  239-7  letters granted to him.  And if the will names two or more persons
  239-8  as executor, any one or more of whom are minors when such will is
  239-9  probated, and letters have been issued to such only as are adults,
 239-10  said minor or minors, upon becoming adults, if not otherwise
 239-11  disqualified, shall be permitted to qualify and receive letters.
 239-12        (d)  Upon Return of Sick or Absent Executor <or
 239-13  Guardian>.  If one named in a will as executor <or guardian> was
 239-14  sick or absent from the State when the testator died, or when the
 239-15  will was proved, and therefore could not present the will for
 239-16  probate within thirty days after the testator's death, or accept
 239-17  and qualify as executor <or guardian> within twenty days after the
 239-18  probate of the will, he may accept and qualify as executor <or
 239-19  guardian> within sixty days after his return or recovery from
 239-20  sickness, upon proof to the court that he was absent or ill; and,
 239-21  if the letters have been issued to others, they shall be revoked.
 239-22        (g)  Payment or Tender of Money Due During Vacancy.  Money or
 239-23  other thing of value falling due to an estate <or ward> while the
 239-24  office of the personal representative is vacant may be paid,
 239-25  delivered, or tendered to the clerk of the court for credit of the
 239-26  estate <or ward>, and the debtor, obligor, or payor shall thereby
 239-27  be discharged of the obligation for all purposes to the extent and
  240-1  purpose of such payment or tender.  If the clerk accepts such
  240-2  payment or tender, he shall issue a proper receipt therefor.
  240-3        SECTION 36.  Section 221(d), Texas Probate Code, is amended
  240-4  to read as follows:
  240-5        (d)  Hearing.  At the time set for hearing, unless it has
  240-6  been continued by the court, if the court finds that citation has
  240-7  been duly issued and served, he shall proceed to examine such
  240-8  exhibit and account, and hear all evidence for and against the
  240-9  same, and shall, if necessary, restate, and audit and settle the
 240-10  same.  If the court is satisfied that the matters entrusted to the
 240-11  applicant have been handled and accounted for in accordance with
 240-12  law, he shall enter an order of approval, and require that the
 240-13  estate remaining in the possession of the applicant, if any, be
 240-14  delivered to the person or persons entitled by law to receive it.
 240-15  <A guardian of the person shall be required to comply with all
 240-16  lawful orders of the court concerning his ward.>
 240-17        SECTION 37.  Sections 222(b) and (c), Texas Probate Code, are
 240-18  amended to read as follows:
 240-19        (b)  With Notice.  The court may remove a personal
 240-20  representative on its own motion, or on the complaint of any
 240-21  interested person, after the personal representative has been cited
 240-22  by personal service to answer at a time and place fixed in the
 240-23  notice, when:
 240-24              (1)  Sufficient grounds appear to support belief that
 240-25  he has misapplied, embezzled, or removed from the state, or that he
 240-26  is about to misapply, embezzle, or remove from the state, all or
 240-27  any part of the property committed to his care;
  241-1              (2)  He fails to return any account which is required
  241-2  by law to be made;
  241-3              (3)  He fails to obey any proper order of the court
  241-4  having jurisdiction with respect to the performance of his duties;
  241-5              (4)  He is proved to have been guilty of gross
  241-6  misconduct, or mismanagement in the performance of his duties;
  241-7              (5)  He becomes an incompetent, or is sentenced to the
  241-8  penitentiary, or from any other cause becomes incapable of properly
  241-9  performing the duties of his trust;
 241-10              (6)  As executor or administrator, he fails to make a
 241-11  final settlement within three years after the grant of letters,
 241-12  unless the time be extended by the court upon a showing of
 241-13  sufficient cause supported by oath; or
 241-14              (7)  As executor or administrator, he fails to timely
 241-15  file the notice required by Section 128A of this code<; or>
 241-16              <(8)  As guardian of the person, he cruelly treats the
 241-17  ward, or neglects to educate or maintain the ward as liberally as
 241-18  the means of such ward and the condition of his estate permit>.
 241-19        (c)  Order of Removal.  The order of removal shall state the
 241-20  cause thereof.  It shall require that any letters issued to the one
 241-21  removed shall, if he has been personally served with citation, be
 241-22  surrendered, and that all such letters be cancelled of record,
 241-23  whether delivered or not.  It shall further require, as to all the
 241-24  estate remaining in the hands of a removed person, delivery thereof
 241-25  to the person or persons entitled thereto, or to one who has been
 241-26  appointed and has qualified as successor representative<, and as to
 241-27  the person of a ward, that control be relinquished as required in
  242-1  the order>.
  242-2        SECTION 38.  Section 226, Texas Probate Code, is amended to
  242-3  read as follows:
  242-4        Sec. 226.  Subsequent Executors <and Guardians> Also Succeed
  242-5  to Prior Rights and Duties.  Whenever an executor <or guardian>
  242-6  shall accept and qualify after letters of administration shall have
  242-7  been granted upon the estate, such executor <or guardian> shall, in
  242-8  like manner, succeed to the previous administrator, and he shall
  242-9  administer the estate in like manner as if his administration were
 242-10  a continuation of the former one, subject, however, to any legal
 242-11  directions of the testator contained in the will in relation to the
 242-12  estate.
 242-13        SECTION 39.  Section 230, Texas Probate Code, is amended to
 242-14  read as follows:
 242-15        Sec. 230.  Care of Property of Estates.  <(a)  Estates of
 242-16  Decedents.>  The executor or administrator shall take care of the
 242-17  property of the estate of his testator or intestate as a prudent
 242-18  man would take of his own property, and if there be any buildings
 242-19  belonging to the estate, he shall keep the same in good repair,
 242-20  extraordinary casualties excepted, unless directed not to do so by
 242-21  an order of the court.
 242-22        <(b)  Estates of Wards.>
 242-23              <(1)  General Powers and Duties.  The guardian of the
 242-24  estate of a ward is entitled to the possession and management of
 242-25  all properties belonging to the ward, to collect all debts,
 242-26  rentals, or claims due such ward, to enforce all obligations in his
 242-27  favor, and to bring and defend suits by or against him; but, in the
  243-1  management of the estate, the guardian shall be governed by the
  243-2  provisions of this Code.  It is the duty of the guardian of the
  243-3  estate to take care of and manage such estate as a prudent man
  243-4  would manage his own property.  He shall account for all rents,
  243-5  profits, and revenues that the estate would have produced by such
  243-6  prudent management.>
  243-7              <(2)  Power to Make Tax-Motivated Gifts.  (A)  On
  243-8  application of the guardian or any interested party, and after
  243-9  notice to all interested persons and to such other persons as the
 243-10  court may direct, and on a showing that the ward will probably
 243-11  remain incompetent during his lifetime, the court may, after
 243-12  hearing and by order, authorize the guardian to apply such
 243-13  principal or income of the ward's estate as is not required for the
 243-14  support of the ward during his lifetime or of his family towards
 243-15  the establishment of an estate plan for the purpose of minimizing
 243-16  income, estate, inheritance, or other taxes payable out of the
 243-17  ward's estate.  The court may authorize the guardian to make gifts
 243-18  of the ward's personal property or real estate, outright or in
 243-19  trust, on behalf of the ward, to or for the benefit of
 243-20  (i)  organizations to which charitable contributions may be made
 243-21  under the Internal Revenue Code and in which it is shown the ward
 243-22  would reasonably have an interest, (ii)  the ward's heirs at law
 243-23  who are identifiable at the time of the order, (iii)  devisees
 243-24  under the ward's last validly executed will, if there be such a
 243-25  will, (iv)  and a person serving as guardian of the ward provided
 243-26  he is eligible under either category (ii) or (iii) above.>
 243-27                    <(B)  The person making application to the court
  244-1  shall outline the proposed estate plan, setting forth all the
  244-2  benefits to be derived therefrom.  The application shall also
  244-3  indicate that the planned disposition is consistent with the
  244-4  intentions of the ward insofar as they can be ascertained.  If the
  244-5  ward's intentions cannot be ascertained, the ward will be presumed
  244-6  to favor reduction in the incidence of the various forms of
  244-7  taxation and the partial distribution of his estate as herein
  244-8  provided.>
  244-9                    <(C)  The court may appoint a guardian ad litem
 244-10  for the ward or any interested party at any stage of the
 244-11  proceedings, if deemed advisable for the protection of the ward or
 244-12  the interested party.>
 244-13                    <(D)  Subsequent modifications of an approved
 244-14  plan may be made by similar application to the court.>
 244-15        SECTION 40.  Section 233A, Texas Probate Code, is amended to
 244-16  read as follows:
 244-17        Sec. 233A.  Suits by Executors OR<,> Administrators<, or
 244-18  Guardians>.  Suits for the recovery of personal property, debts, or
 244-19  damages and suits for title or possession of lands or for any right
 244-20  attached to or growing out of the same or for injury or damage done
 244-21  thereto may be instituted by executors or<,> administrators<, or
 244-22  guardians> appointed in this state; and judgment in such cases
 244-23  shall be conclusive, but may be set aside by any person interested
 244-24  for fraud or collusion on the part of such executor or
 244-25  administrator.
 244-26        SECTION 41.  Section 238, Texas Probate Code, is amended to
 244-27  read as follows:
  245-1        Sec. 238.  Operation of Farm, Ranch, Factory, or Other
  245-2  Business.  If the estate owns a farm, ranch, factory, or other
  245-3  business, the disposition of which has not been specifically
  245-4  directed by will, and if the same be not required to be sold at
  245-5  once for the payment of debts or other lawful purposes, the
  245-6  representative, upon order of the court, shall carry on the
  245-7  operation of such farm, ranch, factory, or other business, or cause
  245-8  the same to be done, or rent the same, as shall appear to be for
  245-9  the best interest of the estate.  In deciding, the court shall
 245-10  consider the condition of the estate, and the necessity that may
 245-11  exist for future sale of such property or business for the payment
 245-12  of debts, claims, or other lawful expenditures, and shall not
 245-13  extend the time of renting any of the property beyond what appears
 245-14  consistent with the speedy settlement of the estate of a deceased
 245-15  person<, or the maintenance and education of a ward> or the
 245-16  settlement of his estate.
 245-17        SECTION 42.  Section 241, Texas Probate Code, is amended to
 245-18  read as follows:
 245-19        Sec. 241.  Compensation of Personal Representatives.
 245-20  (a)  <Compensation of Executors and Administrators.>  Executors,
 245-21  administrators, and temporary administrators shall be entitled to
 245-22  receive a commission of five per cent (5%) on all sums they may
 245-23  actually receive in cash, and the same per cent on all sums they
 245-24  may actually pay out in cash, in the administration of the estate
 245-25  on a finding by the court that the executor or administrator has
 245-26  taken care of and managed the estate in compliance with the
 245-27  standards of this code; provided, no commission shall be allowed
  246-1  for receiving funds belonging to the testator or intestate which
  246-2  were on hand or were held for the testator or intestate at the time
  246-3  of his death in a financial institution or a brokerage firm,
  246-4  including cash or a cash equivalent held in a checking account,
  246-5  savings account, certificate of deposit, or money market account;
  246-6  nor for collecting the proceeds of any life insurance policy; nor
  246-7  for paying out cash to the heirs or legatees as such; provided,
  246-8  further, however, that in no event shall the executor or
  246-9  administrator be entitled in the aggregate to more than five per
 246-10  cent (5%) of the gross fair market value of the estate subject to
 246-11  administration.  If the executor or administrator manages a farm,
 246-12  ranch, factory, or other business of the estate, or if the
 246-13  compensation as calculated above is unreasonably low, the court may
 246-14  allow him reasonable compensation for his services, including
 246-15  unusual effort to collect funds or life insurance.  For this
 246-16  purpose, the county court shall have jurisdiction to receive,
 246-17  consider, and act on applications from independent executors.  The
 246-18  court may, on application of an interested person or on its own
 246-19  motion, deny a commission allowed by this subsection in whole or in
 246-20  part if:
 246-21              (1)  the court finds that the executor or administrator
 246-22  has not taken care of and managed estate property prudently; or
 246-23              (2)  the executor or administrator has been removed
 246-24  under Section 149C or 222 of this code.
 246-25        (b)  <Compensation of Guardians.  A guardian of the person
 246-26  alone is entitled to no compensation.  The guardian or the
 246-27  temporary guardian of the estate, or of the person and estate,
  247-1  shall not be entitled to, or receive, any fee or commission on the
  247-2  estate of the ward when it is first delivered to him; but shall be
  247-3  entitled to a fee of five per cent (5%) on the gross income of the
  247-4  ward's estate and five per cent (5%) on all money paid out on a
  247-5  finding by the court that the guardian has taken care of and
  247-6  managed the estate in compliance with the standards of this code.
  247-7  The term "money paid out" shall not be construed to include any
  247-8  money loaned or invested or paid over on the settlement of the
  247-9  guardianship.  If the guardian manages a farm, ranch, factory, or
 247-10  other business of his ward, or if the compensation as calculated
 247-11  above is unreasonably low, the court may allow him reasonable
 247-12  compensation for his services.  The court may, on application of an
 247-13  interested person or on its own motion, deny a fee allowed by this
 247-14  subsection in whole or in part if:>
 247-15              <(1)  the court finds that the guardian has not taken
 247-16  care of and managed estate property prudently; or>
 247-17              <(2)  the guardian has been removed under Section 222
 247-18  of this code.>
 247-19        <(c)>  Definition.  In this section, "financial institution"
 247-20  means an organization authorized to do business under state or
 247-21  federal laws relating to financial institutions, including banks
 247-22  and trust companies, savings banks, building and loan associations,
 247-23  savings and loan companies or associations, and credit unions.
 247-24        SECTION 43.  The heading of Chapter VIII, Texas Probate Code,
 247-25  is amended to read as follows:
 247-26           CHAPTER VIII.  PROCEEDINGS DURING ADMINISTRATION
 247-27                          <AND GUARDIANSHIP>
  248-1        SECTION 44.  Section 248, Texas Probate Code, is amended to
  248-2  read as follows:
  248-3        Sec. 248.  Appointment of Appraisers.  At any time after the
  248-4  grant of letters testamentary or of administration <or of
  248-5  guardianship>, upon the application of any interested person or if
  248-6  the court shall deem necessary, the court shall appoint not less
  248-7  than one nor more than three disinterested persons, citizens of the
  248-8  county in which letters were granted, to appraise the property of
  248-9  the estate.  In such event and when part of the estate is situated
 248-10  in a county other than the county in which letters were granted, if
 248-11  the court shall deem necessary it may appoint not less than one nor
 248-12  more than three disinterested persons, citizens of the county where
 248-13  such part of the estate is situated, to appraise the property of
 248-14  the estate situated therein.
 248-15        SECTION 45.  Section 250, Texas Probate Code, is amended to
 248-16  read as follows:
 248-17        Sec. 250.  Inventory and Appraisement.  Within ninety days
 248-18  after his qualification, unless a longer time shall be granted by
 248-19  the court, the representative shall file with the clerk of court a
 248-20  verified, full and detailed inventory, in one written instrument,
 248-21  of all the property of such estate which has come to his possession
 248-22  or knowledge, which inventory shall include:
 248-23              (a)  all real property of the estate situated in the
 248-24  State of Texas;
 248-25              (b)  all personal property of the estate wherever
 248-26  situated.  The representative shall set out in the inventory his
 248-27  appraisement of the fair market value of each item thereof as of
  249-1  the date of death in the case of grant of letters testamentary or
  249-2  of administration <or as of the date of grant of letters of
  249-3  guardianship>, as the case may be; provided that if the court shall
  249-4  appoint an appraiser or appraisers of the estate, the
  249-5  representative shall determine the fair market value of each item
  249-6  of the inventory with the assistance of such appraiser or
  249-7  appraisers and shall set out in the inventory such appraisement.
  249-8  The inventory shall specify what portion of the property, if any,
  249-9  is separate property and what portion, if any, is community
 249-10  property.  If any property is owned in common with others, the
 249-11  interest owned by the estate shall be shown, together with the
 249-12  names and relationship, if known, of co-owners.  Such inventory,
 249-13  when approved by the court and duly filed with the clerk of court,
 249-14  shall constitute for all purposes the inventory and appraisement of
 249-15  the estate referred to in this Code.  The court for good cause
 249-16  shown may require the filing of the inventory and appraisement at a
 249-17  time prior to ninety days after the qualification of the
 249-18  representative.
 249-19        SECTION 46.  Sections 295(a) and (b), Texas Probate Code, are
 249-20  amended to read as follows:
 249-21        (a)  When notice required for lien claimants.  Within four
 249-22  months after receiving letters, the representative of an estate
 249-23  shall give notice of the issuance of such letters to each and every
 249-24  person having a claim for money against the estate of a decedent<,
 249-25  or ward, as the case may be>, provided:
 249-26              (1)  That such claim is secured by a deed of trust,
 249-27  mortgage, vendor's, mechanic's or other contractor's lien upon real
  250-1  estate belonging to such estate; and
  250-2              (2)  That the instrument creating, extending, or
  250-3  transferring such lien was duly recorded prior to the death of a
  250-4  testator or intestate in the county in which the real estate
  250-5  covered by such lien is situated, or prior to the time at which
  250-6  title vested in an heir or devisee.
  250-7        (b)  When notice required for general claimants.  Within four
  250-8  months after receiving letters, the representative of an estate
  250-9  shall give notice of the issuance of the letters to each person
 250-10  having an outstanding claim for money against the estate of a
 250-11  decedent<, or ward, as applicable,> if the representative has
 250-12  actual knowledge of the claim.
 250-13        SECTION 47.  Section 298, Texas Probate Code, is amended to
 250-14  read as follows:
 250-15        Sec. 298.  Claims Against Estates of Decedents <and Wards>.
 250-16  (a)  Claims Against Decedent's Estate Postponed if not Presented in
 250-17  Six Months.  All claims for money against a testator or intestate
 250-18  shall be presented to the executor or administrator within six
 250-19  months after the original grant of letters testamentary or of
 250-20  administration; otherwise the payment thereof shall be postponed
 250-21  until the claims which have been presented within six months and
 250-22  allowed by the executor or administrator and approved by the court
 250-23  have been first entirely paid; provided, however, that the failure
 250-24  of the holder of a secured claim to present his claim within said
 250-25  six month period shall not cause his claim to be postponed, but it
 250-26  shall be treated as a claim to be paid in accordance with
 250-27  subsequent provisions of this Code.
  251-1        (b)  <Time for Presentation of Claims to Guardians.  Claims
  251-2  may be presented to the guardian at any time when the estate is not
  251-3  closed and when suit on such claims has not been barred by the
  251-4  general statutes of limitation.>
  251-5        <(c)>  Claims Barred by Limitation Not to Be Allowed or
  251-6  Approved.  No claims against a decedent <or ward>, or against the
  251-7  estate of the decedent <either>, on which a suit is barred by a
  251-8  general statute of limitation applicable thereto shall be allowed
  251-9  by a personal representative.  If allowed by the representative and
 251-10  the court is satisfied that limitation has run, the claim shall be
 251-11  disapproved.
 251-12        SECTION 48.  Section 301, Texas Probate Code, is amended to
 251-13  read as follows:
 251-14        Sec. 301.  Claims Must Be Authenticated.  No <Except as
 251-15  hereinafter provided with respect to the payment of unauthenticated
 251-16  claims by guardians, no> personal representative of a decedent's
 251-17  estate <or of the estate of a ward> shall allow, and the court
 251-18  shall not approve, a claim for money against such estate, unless
 251-19  such claim be supported by an affidavit that the claim is just and
 251-20  that all legal offsets, payments, and credits known to the affiant
 251-21  have been allowed.  If the claim is not founded on a written
 251-22  instrument or account, the affidavit shall also state the facts
 251-23  upon which the claim is founded.  A photostatic copy of any exhibit
 251-24  or voucher necessary to prove a claim may be offered with and
 251-25  attached to the claim in lieu of the original.
 251-26        SECTION 49.  Section 304, Texas Probate Code, is amended to
 251-27  read as follows:
  252-1        Sec. 304.  Authentication of Claim by Others Than Individual
  252-2  Owners.  The cashier, treasurer, or managing official of a
  252-3  corporation shall make the affidavit required to authenticate a
  252-4  claim of such corporation.  When an affidavit is made by an officer
  252-5  of a corporation, or by an executor, administrator, <guardian,>
  252-6  trustee, assignee, agent, or attorney, it shall be sufficient to
  252-7  state in such affidavit that the person making it has made diligent
  252-8  inquiry and examination, and that he believes that the claim is
  252-9  just and that all legal offsets, payments, and credits made known
 252-10  to the affiant have been allowed.
 252-11        SECTION 50.  Section 306(d), Texas Probate Code, is amended
 252-12  to read as follows:
 252-13        (d)  Payment of Maturities on Secured Claims.  If property
 252-14  securing a claim allowed, approved, and fixed under Paragraph (2)
 252-15  of Subsection (a) hereof is not sold or distributed within twelve
 252-16  months from the date letters testamentary or of administration <or
 252-17  guardianship> are granted, the representative of the estate shall
 252-18  promptly pay all maturities which have accrued on the debt
 252-19  according to the terms thereof, and shall perform all the terms of
 252-20  any contract securing same.  If the representative defaults in such
 252-21  payment or performance, on motion of the claimholder, the court
 252-22  shall require the sale of said property subject to the unmatured
 252-23  part of such debt and apply the proceeds of the sale to the
 252-24  liquidation of the maturities, or, at the option of the
 252-25  claimholder, a motion may be made in a like manner to require the
 252-26  sale of said property free of such lien and to apply the proceeds
 252-27  to the payment of the whole debt.
  253-1        SECTION 51.  Section 311, Texas Probate Code, is amended to
  253-2  read as follows:
  253-3        Sec. 311.  When Claims Entered in Docket.  <(a)  Claims
  253-4  Against Estates of Decedents.>  If a claim against the estate of a
  253-5  decedent has been presented within six months after the issuance of
  253-6  original testamentary letters or of administration, and all or part
  253-7  of such claim is allowed by the executor or administrator, the
  253-8  claim shall forthwith be filed with the county clerk of the proper
  253-9  county, who shall enter the same in its proper place upon the claim
 253-10  docket.  If such claim is not so presented within such time, the
 253-11  payment thereof, should it be approved in whole or in part, shall
 253-12  be postponed until all other claims which have been presented,
 253-13  allowed, and approved within the time prescribed have been first
 253-14  entirely paid.
 253-15        <(b)  Claims Against Estates of Wards.  After a claim against
 253-16  a ward's estate has been presented to and allowed by the guardian,
 253-17  either in whole or in part, the claim shall forthwith be filed with
 253-18  the county clerk of the proper county, who shall enter it on the
 253-19  claim docket.>
 253-20        SECTION 52.  Sections 312(a) and (e), Texas Probate Code, are
 253-21  amended to read as follows:
 253-22        (a)  Contest of Claims.  Any person interested in an estate
 253-23  <or ward> may, at any time before the court has acted upon a claim,
 253-24  appear and object in writing to the approval of the same, or any
 253-25  part thereof, and in such case the parties shall be entitled to
 253-26  process for witnesses, and the court shall hear proof and render
 253-27  judgment as in ordinary suits.
  254-1        (e)  Appeal.  When a claimant or any person interested in an
  254-2  estate <or ward> shall be dissatisfied with the action of the court
  254-3  upon a claim, he may appeal therefrom to the courts of <(civil)>
  254-4  appeals, as from other judgments of the county court in probate
  254-5  matters.
  254-6        SECTION 53.  Section 314, Texas Probate Code, is amended to
  254-7  read as follows:
  254-8        Sec. 314.  Presentment of Claims a Prerequisite for Judgment.
  254-9  No judgment shall be rendered in favor of a claimant upon any claim
 254-10  for money which has not been legally presented to the
 254-11  representative of an estate <or ward>, and rejected by him or by
 254-12  the court, in whole or in part.
 254-13        SECTION 54.  Section 317, Texas Probate Code, is amended to
 254-14  read as follows:
 254-15        Sec. 317.  Claims by Personal Representatives.  (a)  By
 254-16  Executors or Administrators.  The foregoing provisions of this Code
 254-17  relative to the presentation of claims against an estate shall not
 254-18  be construed to apply to any claim of the executor or administrator
 254-19  against his testator or intestate; but an executor or administrator
 254-20  holding such claim shall file the same in the court granting his
 254-21  letters, verified by affidavit as required in other cases, within
 254-22  six months after he has qualified, or such claim shall be barred.
 254-23        (b)  <By Guardians.  A claim which the guardian held against
 254-24  the ward or his estate at the time of his appointment, or which has
 254-25  since accrued, shall be verified by affidavit as required in other
 254-26  cases, and presented to the clerk of the court in which the
 254-27  guardianship is pending, who shall enter it upon the claim docket,
  255-1  after which it shall take the same course as other claims.>
  255-2        <(c)>  Action on Such Claims.  When a claim by an executor
  255-3  or<,> administrator<, or guardian> has been filed with the court
  255-4  within the required time, such claim shall be entered upon the
  255-5  claim docket and acted upon by the court in the same manner as in
  255-6  other cases, and, when the claim has been acted upon by the court,
  255-7  an appeal from the judgment of the court may be taken as in other
  255-8  cases.
  255-9        (c) <(d)>  Provisions Not Applicable to Certain Claims.  The
 255-10  foregoing provisions relative to the presentment of claims shall
 255-11  not be so construed as to apply to the claim of any heir, devisee,
 255-12  or legatee who claims in such capacity, or to any claim that
 255-13  accrues against the estate after the granting of letters for which
 255-14  the representative of the estate has contracted.
 255-15        SECTION 55.  Section 319, Texas Probate Code, is amended to
 255-16  read as follows:
 255-17        Sec. 319.  Claims Not to Be Paid Unless Approved.  No <Except
 255-18  as provided for payment at his own risk by a guardian of an
 255-19  unauthenticated claim, no> claim for money against the estate of a
 255-20  decedent <or ward>, or any part thereof, shall be paid until it has
 255-21  been approved by the court or established by the judgment of a
 255-22  court of competent jurisdiction.
 255-23        SECTION 56.  Section 320, Texas Probate Code, is amended to
 255-24  read as follows:
 255-25        Sec. 320.  Order of Payment of Claims.  (a)  <Estates of
 255-26  Decedents.>  Executors and administrators, when they have funds in
 255-27  their hands belonging to the estate, shall pay in the following
  256-1  order:
  256-2              (1)  Funeral expenses and expenses of last sickness, in
  256-3  an amount not to exceed Five Thousand Dollars, if the claims
  256-4  therefor have been presented within sixty days from the original
  256-5  grant of letters testamentary or administration, but if not
  256-6  presented within such time, their payment shall be postponed until
  256-7  the allowances made to the widow and children, or to either, are
  256-8  paid.
  256-9              (2)  Allowances made to the widow and children, or to
 256-10  either.
 256-11              (3)  Expenses of administration and the expenses
 256-12  incurred in the preservation, safekeeping, and management of the
 256-13  estate.
 256-14              (4)  Other claims against the estate in the order of
 256-15  their classification.
 256-16        (b)  <Estates of Wards.  The guardian shall pay all claims
 256-17  against the estate of his ward that have been allowed and approved,
 256-18  or established by suit, as soon as practicable, in the following
 256-19  order:>
 256-20              <(1)  expenses for the care, maintenance and education
 256-21  of the ward or his dependents;>
 256-22              <(2)  funeral expenses and expenses of last sickness,
 256-23  if the guardianship is kept open after the death of the ward as
 256-24  provided by Section 404A of this Code, except that any claim
 256-25  against the estate of a ward that has been allowed and approved or
 256-26  established by suit prior to the death of the ward shall be paid
 256-27  prior to the funeral expenses and expenses of last sickness;>
  257-1              <(3)  expenses of administration; and>
  257-2              <(4)  other claims against the estate.>
  257-3        <(c)>  A claimant whose claim has not been paid may petition
  257-4  the court for determination of his claim at any time before it is
  257-5  barred by the applicable statute of limitations and upon due proof
  257-6  procure an order for its allowance and payment from the estate.
  257-7        SECTION 57.  Section 321, Texas Probate Code, is amended to
  257-8  read as follows:
  257-9        Sec. 321.  Deficiency of Assets.  When there is a deficiency
 257-10  of assets to pay all claims of the same class, the claims in such
 257-11  class shall be paid pro rata, as directed by the court, and in the
 257-12  order directed.  No executor or<,> administrator<, or guardian>
 257-13  shall be allowed to pay any claims, whether the estate is solvent
 257-14  or insolvent, except with the pro rata amount of the funds of the
 257-15  estate that have come to hand.
 257-16        SECTION 58.  Section 324, Texas Probate Code, is amended to
 257-17  read as follows:
 257-18        Sec. 324.  Representatives Not to Purchase Claims.  It shall
 257-19  be unlawful, and cause for removal, for an executor or<,>
 257-20  administrator, <or guardian,> whether acting under appointment by
 257-21  will or under orders of the court, to purchase for his own use or
 257-22  for any purposes whatsoever, any claim against the estate he
 257-23  represents.  Upon written complaint by any person interested in the
 257-24  estate, and satisfactory proof of violation of this provision,
 257-25  after citation and hearing, the court shall enter its order
 257-26  cancelling the claim, and no part thereof shall be paid out of the
 257-27  estate; and the judge may, in his discretion, remove such
  258-1  representative.
  258-2        SECTION 59.  Sections 329(a) and (c), Texas Probate Code, are
  258-3  amended to read as follows:
  258-4        (a)  Circumstances Under Which Money May Be Borrowed.  Any
  258-5  real or personal property of an estate may be mortgaged or pledged
  258-6  by deed of trust or otherwise as security for an indebtedness,
  258-7  under order of the court, when necessary for any of the following
  258-8  purposes:
  258-9              (1)  For the payment of any ad valorem, income, gift,
 258-10  estate, inheritance, or transfer taxes upon the transfer of an
 258-11  estate or due from a decedent <or ward> or his estate, regardless
 258-12  of whether such taxes are assessed by a state, or any of its
 258-13  political subdivisions, or by the federal government or by a
 258-14  foreign country; or
 258-15              (2)  For payment of expenses of administration,
 258-16  including sums necessary for operation of a business, farm, or
 258-17  ranch owned by the estate; or
 258-18              (3)  For payment of claims allowed and approved, or
 258-19  established by suit, against the estate; or
 258-20              (4)  To renew and extend a valid, existing lien<; or>
 258-21              <(5)  In the case of guardians of estates, if the real
 258-22  estate of the ward is not revenue producing but could be made
 258-23  revenue producing by certain improvements and repairs, or if the
 258-24  revenue therefrom could be increased by making such improvements or
 258-25  repairs thereon, to make such improvements or repairs; or>
 258-26              <(6)  In the case of guardians of estates, the probate
 258-27  court in its discretion may authorize the borrowing of money if the
  259-1  court finds it to be in the best interest of the ward or may
  259-2  authorize the borrowing of money for the purchase of a residence
  259-3  for the ward and any dependents of the ward>.
  259-4        (c)  Order Authorizing Such Borrowing, or Extension of
  259-5  Lien.  The court, if satisfied by the evidence adduced at the
  259-6  hearing upon said application that it is to the interest of the
  259-7  estate to borrow money, or to extend and renew an existing lien,
  259-8  shall issue its order to that effect, setting out the terms and
  259-9  conditions of the authority granted; provided, however<:  (1) that
 259-10  as to the estate of a decedent>, the loan or renewal shall not be
 259-11  for a term longer than three years from the granting of original
 259-12  letters to the representative of such estate, but the court may
 259-13  authorize an extension of such lien for not more than one
 259-14  additional year without further citation or notice<; and (2) that
 259-15  as to the estate of a ward, the term of the loan or renewal shall
 259-16  be for such length of time as the court shall determine to be for
 259-17  the best interest of such estate.  If a new lien is created upon
 259-18  property of an estate, the court may require that the
 259-19  representative's general bond be increased, or an additional bond
 259-20  given, for the protection of the estate and its creditors, as for
 259-21  the sale of real property belonging to the estate>.
 259-22        SECTION 60.  Section 339, Texas Probate Code, is amended to
 259-23  read as follows:
 259-24        Sec. 339.  Sales of Personal Property to Be Reported; Decree
 259-25  Vests Title.  All sales of personal property shall be reported to
 259-26  the court, and the laws regulating sales of real estate as to
 259-27  confirmation or disapproval of sales shall apply, but no conveyance
  260-1  shall be necessary.  The decree confirming the sale of personal
  260-2  property shall vest the right and title of the estate of the
  260-3  intestate <or ward> in the purchaser who has complied with the
  260-4  terms of the sale, and shall be prima facie evidence that all
  260-5  requirements of the law in making the sale have been met.  The
  260-6  representative of an estate may, upon request, issue a bill of sale
  260-7  without warranty to the purchaser as evidence of title, the expense
  260-8  thereof to be borne by the purchaser.
  260-9        SECTION 61.  Section 341, Texas Probate Code, is amended to
 260-10  read as follows:
 260-11        Sec. 341.  Application for Sale of Real Estate.
 260-12  <(a)>  Application may be made to the court for an order to sell
 260-13  property of the estate when it appears necessary or advisable in
 260-14  order to:
 260-15              (1)  Pay expenses of administration, funeral expenses
 260-16  and expenses of last sickness of decedents, and allowances and
 260-17  claims against the estates of decedents <and wards>.
 260-18              (2)  <Make up the deficiency when the income of a
 260-19  ward's estate, and the personal property thereof, and the proceeds
 260-20  of previous sales, are insufficient for the education and
 260-21  maintenance of the ward, or to pay debts against the estate.>
 260-22              <(3)  Dispose of property of the estate of a ward which
 260-23  consists in whole or in part of an undivided interest in real
 260-24  estate, when it is deemed to the best interest of the estate to
 260-25  sell such interest.>
 260-26              <(4)  Dispose of real estate of a ward, any part of
 260-27  which is nonproductive or does not produce sufficient revenue to
  261-1  make a fair return upon the value of such real estate, when the
  261-2  improvement of same with a view to making it productive is not
  261-3  deemed advantageous or advisable, and it appears that the sale of
  261-4  such real estate and the investment of the money derived therefrom
  261-5  would be to the best interest of the estate.>
  261-6              <(5)  Conserve the estate of a ward by selling mineral
  261-7  interest and/or royalties on minerals in place owned by a ward.>
  261-8              <(6)>  Dispose of any interest in real property of the
  261-9  estate of a decedent, when it is deemed to the best interest of the
 261-10  estate to sell such interest.
 261-11        SECTION 62.  Section 351, Texas Probate Code, is amended to
 261-12  read as follows:
 261-13        Sec. 351.  Sales of Easements and Right of Ways.  It shall be
 261-14  lawful to sell and convey easements and rights of ways on, under,
 261-15  and over the lands of an estate being administered under orders of
 261-16  a court, regardless of whether the proceeds of such a sale are
 261-17  required for payment of charges or claims against the estate, or
 261-18  for other lawful purposes.  The procedure for such sales shall be
 261-19  the same as now or hereafter provided by law for sales of real
 261-20  property of estates of decedents <or wards> at private sale.
 261-21        SECTION 63.  Sections 352(c) and (d), Texas Probate Code, are
 261-22  amended to read as follows:
 261-23        (c)  A personal representative of a decedent <or of a ward
 261-24  who has been adjudged incompetent> may purchase property from the
 261-25  estate of the decedent <or ward> in compliance with the terms of a
 261-26  written executory contract signed by the decedent <or by the ward
 261-27  before the ward became incompetent>, including a contract for deed,
  262-1  earnest money contract, buy/sell agreement, or stock purchase or
  262-2  redemption agreement.
  262-3        (d)  After issuing the notice required by this subsection, a
  262-4  personal representative of an estate, including an independent
  262-5  administrator, may purchase property from the estate on the court's
  262-6  determination that the sale is in the best interest of the estate.
  262-7  The personal representative shall give notice by certified mail,
  262-8  return receipt requested, unless the court requires another form of
  262-9  notice, to each distributee of a deceased person's estate and to
 262-10  each creditor whose claim remains unsettled after presenting a
 262-11  claim within six months of the original grant of letters.  <In the
 262-12  case of an application filed by the guardian of the estate of a
 262-13  ward, the court shall appoint an attorney ad litem to represent the
 262-14  ward with respect to the sale.>  The court may require additional
 262-15  notice or it may allow for the waiver of the notice required for a
 262-16  sale made under this subsection.
 262-17        SECTION 64.  Section 367(b), Texas Probate Code, is amended
 262-18  to read as follows:
 262-19        (b)  Mineral Leases, With or Without Pooling or
 262-20  Unitization.  Personal representatives of the estates of
 262-21  decedents<, minors, and incompetents>, appointed and qualified
 262-22  under the laws of this State, and acting solely under orders of
 262-23  court, may be authorized by the court in which the probate
 262-24  proceedings on such estates are pending to make, execute, and
 262-25  deliver leases, with or without unitization clauses or pooling
 262-26  provisions, providing for the exploration for, and development and
 262-27  production of, oil, other liquid hydrocarbons, gas (including all
  263-1  liquid hydrocarbons in the gaseous phase), metals, and other solid
  263-2  minerals, and other minerals, or any of such minerals in place,
  263-3  belonging to such estates.
  263-4        SECTION 65.  Section 372, Texas Probate Code, is amended to
  263-5  read as follows:
  263-6        Sec. 372.  Validation of Certain Leases and Pooling or
  263-7  Unitization Agreements Based on Previous Statutes.  All presently
  263-8  existing leases on the oil, gas, or other minerals, or one or more
  263-9  of them, belonging to the estates of decedents<, minors, persons of
 263-10  unsound mind, or habitual drunkards>, and all agreements with
 263-11  respect to pooling, or unitization thereof, or one or more of them,
 263-12  or any interest therein, with like properties of others<, including
 263-13  agreements contemplated or authorized to be made under the terms of
 263-14  Section 3, Article 6008-b, Vernon's Texas Revised Civil Statutes of
 263-15  1925, as amended,> having been authorized by the court having
 263-16  venue, and executed and delivered by the executors, administrators,
 263-17  <guardians,> or other fiduciaries of their estates in substantial
 263-18  conformity to the rules set forth in statutes heretofore existing,
 263-19  providing for only seven days notice in some instances, and also
 263-20  for a brief order designating a time and place for hearing, are
 263-21  hereby validated in so far as said period of notice is concerned,
 263-22  and in so far as the absence of any order setting a time and place
 263-23  for hearing is concerned; provided, this shall not apply to any
 263-24  lease or pooling or unitization agreement involved in any suit
 263-25  pending on the effective date of this Code wherein either the
 263-26  length of time of said notice or the absence of such order is in
 263-27  issue.
  264-1        SECTION 66.  Section 399, Texas Probate Code, is amended to
  264-2  read as follows:
  264-3        Sec. 399.  Annual Accounts Required.  (a)  Estates of
  264-4  Decedents <and Wards> Being Administered Under Order of Court.  The
  264-5  personal representative of the estate of a decedent <or ward> being
  264-6  administered under order of court shall, upon the expiration of
  264-7  twelve (12) months from the date of qualification and receipt of
  264-8  letters, return to the court an exhibit in writing under oath
  264-9  setting forth a list of all claims against the estate that were
 264-10  presented to him within the period covered by the account,
 264-11  specifying which have been allowed by him, which have been paid,
 264-12  which have been rejected and the date when rejected, which have
 264-13  been sued upon, and the condition of the suit, and show:
 264-14              (1)  All property that has come to his knowledge or
 264-15  into his possession not previously listed or inventoried as
 264-16  property of the estate <or ward, as the case may be>.
 264-17              (2)  Any changes in the property of the estate <or
 264-18  ward> which have not been previously reported.
 264-19              (3)  A complete account of receipts and disbursements
 264-20  for the period covered by the account, and the source and nature
 264-21  thereof, with receipts of principal and income to be shown
 264-22  separately.
 264-23              (4)  A complete, accurate and detailed description of
 264-24  the property being administered, the condition of the property and
 264-25  the use being made thereof, and, if rented, the terms upon and the
 264-26  price for which rented.
 264-27              (5)  The cash balance on hand and the name and location
  265-1  of the depository wherein such balance is kept; also, any other
  265-2  sums of cash in savings accounts or other form, deposited subject
  265-3  to court order, and the name and location of the depository
  265-4  thereof.
  265-5              (6)  A detailed description of personal property of the
  265-6  estate, which shall, with respect to bonds, notes, and other
  265-7  securities, include the names of obligor and obligee, or if payable
  265-8  to bearer, so state; the date of issue and maturity; the rate of
  265-9  interest; serial or other identifying numbers; in what manner the
 265-10  property is secured; and other data necessary to identify the same
 265-11  fully, and how and where held for safekeeping.
 265-12        (b)  Annual Reports Continue Until Estate Closed.  Each
 265-13  personal representative of the estate of a decedent <or ward> shall
 265-14  continue to file annual accounts conforming to the essential
 265-15  requirements of those in Subsection (a) hereof as to changes in the
 265-16  assets of the estate after rendition of the former account so that
 265-17  the true condition of the estate, with respect to money,
 265-18  securities, and other property, can be ascertained by the court or
 265-19  by any interested person, by adding to the balances forward the
 265-20  receipts, and then subtracting the disbursements.  The description
 265-21  of property sufficiently described in an inventory or previous
 265-22  account may be by reference thereto.
 265-23        (c)  <Guardians of the Person.  The guardian of the person,
 265-24  when there is a separate guardian of the estate, shall at the
 265-25  expiration of twelve (12) months from the date of his qualification
 265-26  and receipt of letters, and annually thereafter, return to the
 265-27  court his sworn account showing each item of receipts and
  266-1  disbursements for the support and maintenance of the ward, his
  266-2  education when necessary, and support and maintenance of the ward's
  266-3  dependents, when authorized by order of court.  All who are
  266-4  guardians of the person shall include in their reports facts
  266-5  concerning each ward's physical welfare, his well-being, and his
  266-6  progress in education, if the latter be pertinent.  Unless the
  266-7  judge is satisfied that the facts stated are true, he shall issue
  266-8  such orders as are necessary for the best interest of the ward.>
  266-9        <(d)>  Supporting Vouchers, etc., Attached to
 266-10  Accounts.  Annexed to all annual accounts of representatives of
 266-11  estates <and wards, and, so far as applicable, accounts of
 266-12  guardians of the persons of wards and guardians of those wards
 266-13  entitled to receive governmental funds, required by this Section,>
 266-14  shall be:
 266-15              (1)  Proper vouchers for each item of credit claimed in
 266-16  the account, or, in the absence of such voucher, the item must be
 266-17  supported by evidence satisfactory to the court.  Original vouchers
 266-18  may, upon application, be returned to the representative after
 266-19  approval of his account.
 266-20              (2)  An official letter from the bank or other
 266-21  depository in which the money on hand of the estate <or ward> is
 266-22  deposited, showing the amounts in general or special deposits.
 266-23              (3)  Proof of the existence and possession of
 266-24  securities owned by the estate, or shown by the accounting, as well
 266-25  as other assets held by a depository subject to orders of the
 266-26  court, the proof to be by one of the following means:
 266-27                    a.  By an official letter from the bank or other
  267-1  depository wherein said securities or other assets are held for
  267-2  safekeeping; provided, that if such depository is the
  267-3  representative, the official letter shall be signed by a
  267-4  representative of such depository other than the one verifying the
  267-5  account; or
  267-6                    b.  By a certificate of an authorized
  267-7  representative of the corporation which is surety on the
  267-8  representative's bonds; or
  267-9                    c.  By a certificate of the clerk or a deputy
 267-10  clerk of a court of record in this State; or
 267-11                    d.  By an affidavit of any other reputable person
 267-12  designated by the court upon request of the representative or other
 267-13  interested party.
 267-14        Such certificate or affidavit shall be to the effect that the
 267-15  affiant has examined the assets exhibited to him by the
 267-16  representative as assets of the estate in which the accounting is
 267-17  made, and shall describe the assets by reference to the account or
 267-18  otherwise sufficiently to identify those so exhibited, and shall
 267-19  state the time when and the place where exhibited.  In lieu of
 267-20  using a certificate or an affidavit, the representative may exhibit
 267-21  the securities to the judge of the court who shall endorse on the
 267-22  account, or include in his order with respect thereto, a statement
 267-23  that the securities shown therein as on hand were in fact exhibited
 267-24  to him, and that those so exhibited were the same as those shown in
 267-25  the account, or note any variance.  If the securities are exhibited
 267-26  at any place other than where deposited for safekeeping, it shall
 267-27  be at the expense and risk of the representative.  The court may
  268-1  require additional evidence as to the existence and custody of such
  268-2  securities and other personal property as in his discretion he
  268-3  shall deem proper; and may require the representative to exhibit
  268-4  them to the court, or any person designated by him, at any time at
  268-5  the place where held for safekeeping.
  268-6        (d) <(e)>  Verification of Account.  The representative
  268-7  filing the account shall attach thereto his affidavit that it
  268-8  contains a correct and complete statement of the matters to which
  268-9  it relates.
 268-10        <(f)  Annual Accounts May be Waived, When.  In cases in which
 268-11  the income of a ward's estate from real property becomes
 268-12  negligible, and the estate owns no personal property, the estate
 268-13  may be closed, as hereinafter provided.  If the estate owns
 268-14  personal property which produces negligible or fixed income, the
 268-15  court shall have the power to waive the filing of annual accounts,
 268-16  and the court may permit the guardian to receive all income and
 268-17  apply it to the support, maintenance, and education of the ward,
 268-18  and account to the court for income and corpus of the estate when
 268-19  the same must be closed.>
 268-20        SECTION 67.  Section 400, Texas Probate Code, is amended to
 268-21  read as follows:
 268-22        Sec. 400.  Penalty for Failure to File Annual Account.
 268-23  Should any personal representative of an estate<, or guardian of
 268-24  the person of a ward,> fail to return any annual account required
 268-25  by preceding sections of this Code, any person interested in said
 268-26  estate <or ward> may, upon written complaint, or the court upon its
 268-27  own motion may, cause the personal representative to be cited to
  269-1  return such account, and show cause for such failure.  If he fails
  269-2  to return said account after being so cited, or fails to show good
  269-3  cause for his failure so to do, the court, upon hearing, may revoke
  269-4  the letters of such representative, and may fine him in a sum not
  269-5  to exceed Five Hundred Dollars ($500).  He and his sureties shall
  269-6  be liable for any fine imposed, and for all damages and costs
  269-7  sustained by reason of such failure, which may be recovered in any
  269-8  court of competent jurisdiction.
  269-9        SECTION 68.  Section 404, Texas Probate Code, is amended to
 269-10  read as follows:
 269-11        Sec. 404.  Closing Administration of Estates of Decedents
 269-12  <and Guardianship of Wards or Their Estates>.
 269-13  <(a)>  Administration of the estates of decedents <and guardianship
 269-14  of the persons and estates of wards> shall be settled and closed<:>
 269-15              <(1)>  when all the debts known to exist against the
 269-16  estate of a deceased person have been paid, or when they have been
 269-17  paid so far as the assets in the hands of an administrator or
 269-18  executor of such estate will permit, and when there is no further
 269-19  need for administration<;>
 269-20              <(2)  when a minor ward dies, or becomes an adult by
 269-21  becoming eighteen years of age, or by removal of disabilities of
 269-22  minority according to the law of this state, or by marriage;>
 269-23              <(3)  when an incompetent ward dies, or is decreed as
 269-24  provided by law to have been restored to sound mind or sober
 269-25  habits, or, being married, when his or her spouse has qualified as
 269-26  survivor in community;>
 269-27              <(4)  when a ward entitled to funds from a governmental
  270-1  source dies, or when the court finds that the necessity for the
  270-2  guardianship of that person has ended;>
  270-3              <(5)  when the estate of a ward becomes exhausted; or>
  270-4              <(6)  when the foreseeable income accruing to a ward or
  270-5  to his estate is so negligible that maintaining the guardianship in
  270-6  force would be burdensome.>
  270-7        <(b)  In a case arising under Subsection (a)(6) of this
  270-8  section, the court may authorize the income to be paid to a parent,
  270-9  or some other person who has acted as guardian, to assist as far as
 270-10  possible in the maintenance of the ward, and without liability to
 270-11  account to the court for the income.>
 270-12        <(c)  When the estate of a minor ward consists only of cash
 270-13  or cash equivalents in an amount of not more than $25,000, the
 270-14  guardianship of the estate may be terminated and the assets paid to
 270-15  the county clerk of the county in which the guardianship proceeding
 270-16  is pending, and the clerk shall manage the funds as provided by
 270-17  Section 144(a) of this code>.
 270-18        SECTION 69.  Section 405, Texas Probate Code, is amended to
 270-19  read as follows:
 270-20        Sec. 405.  Account for Final Settlement of Estates of
 270-21  Decedents <and Persons and Estates of Wards>.  When administration
 270-22  of the estate of a decedent<, or guardianship of person or estate,
 270-23  or of the person and estate of a ward,> is to be settled and
 270-24  closed, the personal representative of such estate <or of such
 270-25  ward> shall present to the court his verified account for final
 270-26  settlement.  In such account it shall be sufficient to refer to the
 270-27  inventory without describing each item of property in detail, and
  271-1  to refer to and adopt any and all proceedings had in the
  271-2  administration <or guardianship, as the case may be,> concerning
  271-3  sales, renting or hiring, leasing for mineral development, or any
  271-4  other transactions on behalf of the estate <or of the ward, as the
  271-5  case may be>, including exhibits, accounts, and vouchers previously
  271-6  filed and approved, without restating the particular items thereof.
  271-7  Each final account, however, shall be accompanied by proper
  271-8  vouchers in support of each item thereof not already accounted for
  271-9  and shall show, either by reference to any proceedings authorized
 271-10  above or by statement of the facts:
 271-11              <(a)  As to Estates of Decedents.>
 271-12              1.  The property belonging to the estate which has come
 271-13  into the hands of the executor or administrator.
 271-14              2.  The disposition that has been made of such
 271-15  property.
 271-16              3.  The debts that have been paid.
 271-17              4.  The debts and expenses, if any, still owing by the
 271-18  estate.
 271-19              5.  The property of the estate, if any, still remaining
 271-20  on hand.
 271-21              6.  The persons entitled to receive such estate, their
 271-22  relationship to the decedent, and their residence, if known, and
 271-23  whether adults or minors, and, if minors, the names of their
 271-24  guardians, if any.
 271-25              7.  All advancements or payments that have been made,
 271-26  if any, by the executor or administrator from such estate to any
 271-27  such person.
  272-1              <(b)  As to Estates of Wards.>
  272-2              <1.  The property, rents, revenues, and profits
  272-3  received by the guardian, and belonging to his ward, during his
  272-4  guardianship.>
  272-5              <2.  The disposition made of such property, rents,
  272-6  revenues, and profits.>
  272-7              <3.  The expenses and debts, if any, against the estate
  272-8  remaining unpaid.>
  272-9              <4.  The property of the estate remaining in the hands
 272-10  of such guardian, if any.>
 272-11              <5.  Such other facts as appear necessary to a full and
 272-12  definite understanding of the exact condition of the guardianship.>
 272-13        SECTION 70.  Section 406, Texas Probate Code, is amended to
 272-14  read as follows:
 272-15        Sec. 406.  Procedure in Case of Neglect or Failure to File
 272-16  Final Account; Payments Due Meantime.  If a personal representative
 272-17  charged with the duty of filing a final account fails or neglects
 272-18  so to do at the proper time, the court shall, upon its own motion,
 272-19  or upon the written complaint of any one interested in the
 272-20  decedent's <or ward's> estate which has been administered, cause
 272-21  such representative to be cited to appear and present such account
 272-22  within the time specified in the citation.  <So far as applicable,
 272-23  this Section shall also govern with respect to guardians of the
 272-24  person.  Meantime, rentals or other payments becoming due to the
 272-25  ward, his estate, or his guardian, between the date the ward's
 272-26  disability terminates or the date of the ward's death and the
 272-27  effective date of the guardian's discharge may be paid or tendered
  273-1  to the emancipated ward, his guardian, or the personal
  273-2  representative of the ward's estate, at obligor's option, and such
  273-3  payment or tender shall constitute and be an absolute discharge of
  273-4  such matured obligation for all purposes to the extent of the
  273-5  amount thus paid or tendered.>
  273-6        SECTION 71.  Section 407, Texas Probate Code, is amended to
  273-7  read as follows:
  273-8        Sec. 407.  Citation Upon Presentation of Account for Final
  273-9  Settlement.  Upon the filing of an account for final settlement by
 273-10  temporary or permanent personal representatives of the estates of
 273-11  decedents <or wards, or of the persons of wards>, citation shall
 273-12  contain a statement that such final account has been filed, the
 273-13  time and place when it will be considered by the court, and a
 273-14  statement requiring the person or persons cited to appear and
 273-15  contest the same if they see proper.  Such citation shall be issued
 273-16  by the county clerk to the persons and in the manner set out below.
 273-17              1.  In case of the estates of deceased persons, notice
 273-18  shall be given by the personal representative to each heir or
 273-19  beneficiary of the decedent by certified mail, return receipt
 273-20  requested, unless another type of notice is directed by the court
 273-21  by written order.  The notice must include a copy of the account
 273-22  for final settlement.
 273-23              2.  <If a ward be a living resident of this state who
 273-24  is 14 years of age or older, and his or her residence be known, the
 273-25  ward shall be cited by personal service, unless the ward, in person
 273-26  or by attorney, by writing filed with the clerk, waives the
 273-27  issuance and personal service of citation.>
  274-1              <3.  If one who has been a ward be deceased, the ward's
  274-2  executor or administrator, if one has been appointed, shall be
  274-3  personally served, but no service is required if the executor or
  274-4  administrator is the same person as the guardian.>
  274-5              <4.  If a ward's residence is unknown, or if the ward
  274-6  is a non-resident of this state, or if the ward is deceased and no
  274-7  representative of the ward's estate has been appointed and
  274-8  qualified in this state, the citation to the ward or to the ward's
  274-9  estate shall be by publication, unless the court by written order
 274-10  directs citation by posting.>
 274-11              <5.>  If the court deems further additional notice
 274-12  necessary, it shall require the same by written order.  In its
 274-13  discretion, the court may allow the waiver of notice of an account
 274-14  for final settlement in a proceeding concerning a decedent's estate
 274-15  <or a guardianship>.
 274-16        SECTION 72.  Section 408(b), Texas Probate Code, is amended
 274-17  to read as follows:
 274-18        (b)  Distribution of Remaining Property.  Upon final
 274-19  settlement of an estate, if there be any of such estate remaining
 274-20  in the hands of the personal representative, the court shall order
 274-21  <that it be delivered, in case of a ward, to such ward, or in the
 274-22  case of a deceased ward to the personal representative of the
 274-23  deceased ward's estate if one be appointed, or to any other person
 274-24  legally entitled thereto; in case of a decedent,> that a partition
 274-25  and distribution be made among the persons entitled to receive such
 274-26  estate.
 274-27        SECTION 73.  Section 409, Texas Probate Code, is amended to
  275-1  read as follows:
  275-2        Sec. 409.  Money Becoming Due Pending Final Discharge.  Until
  275-3  the order of final discharge of the personal representative is
  275-4  entered in the minutes of the court, money or other thing of value
  275-5  falling due to the estate <or ward> while the account for final
  275-6  settlement is pending may be paid, delivered, or tendered to the
  275-7  personal representative, who shall issue receipt therefor, and the
  275-8  obligor and/or payor shall be thereby discharged of the obligation
  275-9  for all purposes.
 275-10        SECTION 74.  Section 414, Texas Probate Code, is amended to
 275-11  read as follows:
 275-12        Sec. 414.  Procedure if Representative Fails to Deliver
 275-13  Estate.  If any personal representative of an estate <or ward>,
 275-14  upon final settlement, shall neglect to deliver to the person
 275-15  entitled thereto when demanded any portion of an estate or any
 275-16  funds or money in his hands ordered to be delivered, such person
 275-17  may file with the clerk of the court his written complaint alleging
 275-18  the fact of such neglect, the date of his demand, and other
 275-19  relevant facts, whereupon the clerk shall issue a citation to be
 275-20  served personally upon such representative, apprising him of the
 275-21  complaint and citing him to appear before the court and answer, if
 275-22  he so desires, at the time designated in the citation.  If at the
 275-23  hearing the court finds that the citation was duly served and
 275-24  returned and that the representative is guilty of the neglect
 275-25  charged, the court shall enter an order to that effect, and the
 275-26  representative shall be liable to such person in damages at the
 275-27  rate of ten per cent of the amount or appraised value of the money
  276-1  or estate so withheld, per month, for each and every month or
  276-2  fraction thereof that said estate or money or funds is and/or has
  276-3  been so withheld after date of demand, which damages may be
  276-4  recovered in any court of competent jurisdiction.
  276-5        SECTION 75.  The following provisions of the Texas Probate
  276-6  Code are repealed:
  276-7              (1)  Sections 7, 130, 131, 144, 157, 158, 184, 185,
  276-8  191, 193, 228, 229, 231, 236, 237, 246, 247, 305, 330, 339A, 376,
  276-9  383, 404A, 404B, 411, and 413;
 276-10              (2)  Parts 3 and 5, Chapter V;
 276-11              (3)  Part 2, Chapter VI;
 276-12              (4)  Parts 9 and 10, Chapter VIII; and
 276-13              (5)  Chapter IX.
 276-14        SECTION 76.  (a)  This Act applies to:
 276-15              (1)  an application for the appointment of a guardian
 276-16  that is filed on or after September 1, 1993; and
 276-17              (2)  an application for the appointment of a guardian
 276-18  that is filed before September 1, 1993, in which a guardianship has
 276-19  not been created.
 276-20        (b)  An application described by Subsection (a)(2) of this
 276-21  section must be modified to conform to the changes in law made by
 276-22  this Act.
 276-23        (c)  A guardianship existing on September 1, 1993, must be
 276-24  modified to conform to the changes in law made by this Act.
 276-25        SECTION 77.  This Act takes effect September 1, 1993.
 276-26        SECTION 78.  The importance of this legislation and the
 276-27  crowded condition of the calendars in both houses create an
  277-1  emergency and an imperative public necessity that the
  277-2  constitutional rule requiring bills to be read on three several
  277-3  days in each house be suspended, and this rule is hereby suspended.