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Texas Estates Code - EST § 1251.153. Delivery of Estate, Filing of Final Report, and Discharge of Temporary Guardian

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) When temporary letters expire or cease to be effective for any reason, the court immediately shall enter an order requiring the temporary guardian to deliver the estate remaining in the temporary guardian's possession to the person legally entitled to possession of the estate.

(a-1) At the expiration of a temporary guardianship of the person, the temporary guardian shall file with the court clerk a final report that:

(1) if the ward is living, describes each reason the temporary guardianship of the person expired, including a statement of facts regarding whether the temporary guardianship expired because:

(A) the ward was found by the court to have full capacity, or sufficient capacity with supports and services, to care for himself or herself;

(B) alternatives to guardianship have been established to meet the needs of the ward;  or

(C) a permanent guardian appointed by the court has qualified to serve as the ward's guardian;  or

(2) if the ward is deceased, includes the date and place of death, if known, in the form and manner of the report required to be filed by a guardian of the person under Section 1163.103.

(b) On proof of delivery under Subsection (a) and approval by the court of a final report filed with the court clerk under Subsection (a-1), as applicable:

(1) the temporary guardian shall be discharged;  and

(2) the sureties on the temporary guardian's bond shall be released as to future liability.

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Cite this article: FindLaw.com - Texas Estates Code - EST § 1251.153. Delivery of Estate, Filing of Final Report, and Discharge of Temporary Guardian - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-1251-153/

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