HBA-KDB, SEP H.B. 1037 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1037 By: Thompson Judicial Affairs 3/9/2001 Introduced BACKGROUND AND PURPOSE Under current law, a probate court has the jurisdiction to settle and close the estate of a ward only on the death of the ward or the attainment of majority or capacity by the ward. This provision has been construed to mean that the court can only approve a final accounting, even if assets need to be collected and liquidated, claims need to be approved or rejected, or litigation needs to be commenced, continued, or brought to an end. Such an interpretation may be inconsistent with other provisions that allow a guardian to pay other debts and expenses. House Bill 1037 clarifies the jurisdiction of a probate court in such guardianship matters and removes the provision authorizing a probate court to award judgment against a guardian or former guardian in favor of a surety even if the ward has died, regained capacity, or the ward's disabilities of minority have been removed. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1037 amends the Probate Code to provide that a court exercising original probate jurisdiction over the closing and settling of a former ward's estate has the jurisdiction, after a guardianship of the estate is settled and closed, to hear specified actions, claims, and matters relating to guardianship. The bill removes the provision authorizing a court to award a specified judgment against a guardian or former guardian even if the ward has died, regained capacity, or the ward's disabilities of minority have been removed. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.