Texas § ES.1021.001 - MATTERS RELATED TO GUARDIANSHIP PROCEEDING

§ ES.1021.001. MATTERS RELATED TO GUARDIANSHIP PROCEEDING

MATTERS RELATED TO GUARDIANSHIP PROCEEDING. (a) For purposes of this code, in a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, a matter related to a guardianship proceeding includes: (1) the granting of letters of guardianship; (2) the settling of an account of a guardian and all other matters relating to the settlement, partition, or distribution of a ward's estate; (3) a claim brought by or against a guardianship estate; (4) an action for trial of title to real property that is guardianship estate property, including the enforcement of a lien against the property; (5) an action for trial of the right of property that is guardianship estate property; (6) after a guardianship of the estate of a ward is required to be settled as provided by Section 1204.001 : (A) an action brought by or on behalf of the former ward against a former guardian of the ward for alleged misconduct arising from the performance of the person's duties as guardian; (B) an action calling on the surety of a guardian or former guardian to perform in place of the guardian or former guardian, which may include the award of a judgment against the guardian or former guardian in favor of the surety; (C) an action against a former guardian of the former ward that is brought by a surety that is called on to perform in place of the former guardian; (D) a claim for the payment of compensation, expenses, and court costs, and any other matter authorized under Chapter 1155 ; and (E) a matter related to an authorization made or duty performed by a guardian under Chapter 1204 ; and (7) the appointment of a trustee for a trust created under Section 1301.053 or 1301.054 , the settling of an account of the trustee, and all other matters relating to the trust. (a-1) For purposes of this code, in a county in which there is no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction, a matter related to a guardianship proceeding includes: (1) all matters and actions described in Subsection (a); (2) the interpretation and administration of a testamentary trust in which a ward is an income or remainder beneficiary; and (3) the interpretation and administration of an inter vivos trust in which a ward is an income or remainder beneficiary. (b) For purposes of this code, in a county in which there is a statutory probate court, a matter related to a guardianship proceeding includes: (1) all matters and actions described in Subsections (a) and (a-1); (2) a suit, action, or application filed against or on behalf of a guardianship or a trustee of a trust created under Section 1301.053 or 1301.054 ; and (3) a cause of action in which a guardian in a guardianship pending in the statutory probate court is a party. Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 6.015(a), eff. January 1, 2014. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296 ), Sec. 20.007, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626 ), Sec. 13, eff. September 1, 2021.