Texas § ES.1104.052 - GUARDIAN FOR MINOR ORPHAN
Full text of Texas The Texas Constitution § ES.1104.052 — GUARDIAN FOR MINOR ORPHAN, with citation guidance and answers to common questions.
§ ES.1104.052. GUARDIAN FOR MINOR ORPHAN
GUARDIAN FOR MINOR ORPHAN. In appointing a guardian for a minor orphan: (1) if the last surviving parent did not appoint a guardian, the nearest ascendant in the direct line of the minor is entitled to guardianship of both the person and the estate of the minor; (2) if more than one ascendant exists in the same degree in the direct line of the minor, the court shall appoint one ascendant according to circumstances and considering the minor's best interests; (3) if the minor does not have an ascendant in the direct line of the minor: (A) the court shall appoint the nearest of kin; or (B) if two or more persons are in the same degree of kinship to the minor, the court shall appoint one of those persons according to circumstances and considering the minor's best interests; and (4) if the minor does not have a relative who is eligible to be guardian, or if none of the eligible persons apply to be guardian, the court shall appoint a qualified person as guardian. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.1104.052
What does The Texas Constitution § ES.1104.052 cover?
Section ES.1104.052 ("GUARDIAN FOR MINOR ORPHAN") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § ES.1104.052?
A common citation format is "The Texas Constitution § ES.1104.052" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § ES.1104.052 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.