2011 Texas Statutes
ESTATES CODE
TITLE 3 - GUARDIANSHIP AND RELATED PROCEDURES
SUBTITLE Y - TEXAS PROBATE CODE: SCOPE, JURISDICTION, AND VENUE
PART 2 - GUARDIANSHIP PROCEEDINGS AND MATTERS
ESTATES CODE
TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
SUBTITLE Y. TEXAS PROBATE CODE: SCOPE, JURISDICTION, AND VENUE
PART 2. GUARDIANSHIP PROCEEDINGS AND MATTERS
SUBPART A. JURISDICTION
Text of section effective on January 01, 2014
Sec. 605. GENERAL PROBATE COURT JURISDICTION IN GUARDIANSHIP PROCEEDINGS; APPEALS. (a) All guardianship proceedings must be filed and heard in a court exercising original probate jurisdiction. The court exercising original probate jurisdiction also has jurisdiction of all matters related to the guardianship proceeding as specified in Section 606A of this code for that type of court.
(b) A probate court may exercise pendent and ancillary jurisdiction as necessary to promote judicial efficiency and economy.
(c) A final order issued by a probate court is appealable to the court of appeals.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.
Transferred and redesignated from Probate Code, Art/Sec 605 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(b), eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1085, Sec. 2, eff. September 1, 2011.
Text of section effective on January 01, 2014
Sec. 608. TRANSFER OF PROCEEDING BY STATUTORY PROBATE COURT. (a) A judge of a statutory probate court, on the motion of a party to the action or of a person interested in the guardianship, may:
(1) transfer to the judge's court from a district, county, or statutory court a cause of action that is a matter related to a guardianship proceeding pending in the statutory probate court, including a cause of action that is a matter related to a guardianship proceeding pending in the statutory probate court and in which the guardian, ward, or proposed ward in the pending guardianship proceeding is a party; and
(2) consolidate the transferred cause of action with the guardianship proceeding to which it relates and any other proceedings in the statutory probate court that are related to the guardianship proceeding.
(b) Notwithstanding any other provision of this chapter, the proper venue for an action by or against a guardian, ward, or proposed ward for personal injury, death, or property damages is determined under Section 15.007, Civil Practice and Remedies Code.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1431, Sec. 2, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 549, Sec. 7, eff. Sept. 1, 2003.
Transferred and redesignated from Probate Code, Art/Sec 608 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(b), eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1085, Sec. 4, eff. September 1, 2011.
Text of section effective on January 01, 2014
Sec. 609. TRANSFER OF CONTESTED GUARDIANSHIP OF THE PERSON OF A MINOR. (a) If an interested person contests an application for the appointment of a guardian of the person of a minor or an interested person seeks the removal of a guardian of the person of a minor, the judge, on the judge's own motion, may transfer all matters related to the guardianship proceeding to a court of competent jurisdiction in which a suit affecting the parent-child relationship under the Family Code is pending.
(b) The probate court that transfers a proceeding under this section to a court with proper jurisdiction over suits affecting the parent-child relationship shall send to the court to which the transfer is made the complete files in all matters affecting the guardianship of the person of the minor and certified copies of all entries in the judge's guardianship docket. The transferring court shall keep a copy of the transferred files. If the transferring court retains jurisdiction of the guardianship of the estate of the minor or of another minor who was the subject of the suit, the court shall send a copy of the complete files to the court to which the transfer is made and shall keep the original files.
(c) The court to which a transfer is made under this section shall apply the procedural and substantive provisions of the Family Code, including Sections 155.005 and 155.205, in regard to enforcing an order rendered by the court from which the proceeding was transferred.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 77, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 165, Sec. 7.55, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 602, Sec. 12, eff. June 19, 2009.
Transferred and redesignated from Probate Code, Art/Sec 609 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(b), eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1085, Sec. 6, eff. September 1, 2011.
SUBPART B. VENUE
Text of section effective on January 01, 2014
Sec. 610. VENUE FOR APPOINTMENT OF GUARDIAN. (a) Except as otherwise authorized by this section, a proceeding for the appointment of a guardian for the person or estate, or both, of an incapacitated person shall be brought in the county in which the proposed ward resides or is located on the date the application is filed or in the county in which the principal estate of the proposed ward is located.
(b) A proceeding for the appointment of a guardian for the person or estate, or both, of a minor may be brought:
(1) in the county in which both the minor's parents reside;
(2) if the parents do not reside in the same county, in the county in which the parent who is the sole managing conservator of the minor resides, or in the county in which the parent who is the joint managing conservator with the greater period of physical possession of and access to the minor resides;
(3) if only one parent is living and the parent has custody of the minor, in the county in which that parent resides;
(4) if both parents are dead but the minor was in the custody of a deceased parent, in the county in which the last surviving parent having custody resided; or
(5) if both parents of a minor child have died in a common disaster and there is no evidence that the parents died other than simultaneously, in the county in which both deceased parents resided at the time of their simultaneous deaths if they resided in the same county.
(c) A proceeding for the appointment of a guardian who was appointed by will may be brought in the county in which the will was admitted to probate or in the county of the appointee's residence if the appointee resides in this state.
(d) Repealed by Acts 1999, 76th Leg., ch. 379, Sec. 10, eff. Sept. 1, 1999.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 379, Sec. 10, eff. Sept. 1, 1999.
Transferred and redesignated from Probate Code, Art/Sec 610 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(c), eff. January 1, 2014.
Text of section effective on January 01, 2014
Sec. 611. CONCURRENT VENUE AND TRANSFER FOR WANT OF VENUE. (a) If two or more courts have concurrent venue of a guardianship proceeding, the court in which an application for a guardianship proceeding is initially filed has and retains jurisdiction of the proceeding. A proceeding is considered commenced by the filing of an application alleging facts sufficient to confer venue, and the proceeding initially legally commenced extends to all of the property of the guardianship estate.
(b) If a guardianship proceeding is commenced in more than one county, it shall be stayed except in the county in which it was initially commenced until final determination of proper venue is made by the court in the county in which it was initially commenced.
(c) If it appears to the court at any time before the guardianship is closed that the proceeding was commenced in a court that did not have venue over the proceeding, the court shall, on the application of any interested person, transfer the proceeding to the proper county.
(d) When a proceeding is transferred to another county under a provision of this chapter, all orders entered in connection with the proceeding shall be valid and shall be recognized in the court to which the guardianship was ordered transferred, if the orders were made and entered in conformance with the procedures prescribed by this code.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.
Transferred and redesignated from Probate Code, Art/Sec 611 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(c), eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1085, Sec. 7, eff. September 1, 2011.
Text of section effective on January 01, 2014
Sec. 612. APPLICATION FOR TRANSFER OF GUARDIANSHIP TO ANOTHER COUNTY. When a guardian or any other person desires to transfer the transaction of the business of the guardianship from one county to another, the person shall file a written application in the court in which the guardianship is pending stating the reason for the transfer.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.
Transferred and redesignated from Probate Code, Art/Sec 612 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(c), eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 66.01, eff. September 28, 2011.
Text of section effective on January 01, 2014
Sec. 613. NOTICE. (a) On filing an application to transfer a guardianship to another county, the sureties on the bond of the guardian shall be cited by personal service to appear and show cause why the application should not be granted.
(b) If an application is filed by a person other than the guardian, the guardian shall be cited by personal service to appear and show cause why the application should not be granted.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.
Transferred and redesignated from Probate Code, Art/Sec 613 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(c), eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 66.02, eff. September 28, 2011.
Text of section effective on January 01, 2014
Sec. 614. COURT ACTION. (a) On hearing an application under Section 612 of this code, if good cause is not shown to deny the application and it appears that transfer of the guardianship is in the best interests of the ward, the court shall enter an order authorizing the transfer on payment on behalf of the estate of all accrued costs.
(b) In an order entered under Subsection (a) of this section, the court shall require the guardian, not later than the 20th day after the date the order is entered, to:
(1) give a new bond payable to the judge of the court to which the guardianship is transferred; or
(2) file a rider to an existing bond noting the court to which the guardianship is transferred.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.
Transferred and redesignated from Probate Code, Art/Sec 614 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(c), eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 66.03, eff. September 28, 2011.
Text of section effective on January 01, 2014
Sec. 615. TRANSFER OF RECORD. When an order of transfer is made under Section 614 of this code, the clerk shall record any unrecorded papers of the guardianship required to be recorded. On payment of the clerk's fee, the clerk shall transmit to the county clerk of the county to which the guardianship was ordered transferred:
(1) the case file of the guardianship proceedings; and
(2) a certified copy of the index of the guardianship records.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 200, Sec. 1, eff. September 1, 2005.
Transferred and redesignated from Probate Code, Art/Sec 615 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(c), eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 66.03, eff. September 28, 2011.
Text of section effective on January 01, 2014
Sec. 616. TRANSFER EFFECTIVE. The order transferring a guardianship does not take effect until:
(1) the case file and a certified copy of the index required by Section 615 of this code are filed in the office of the county clerk of the county to which the guardianship was ordered transferred; and
(2) a certificate under the clerk's official seal and reporting the filing of the case file and a certified copy of the index is filed in the court ordering the transfer by the county clerk of the county to which the guardianship was ordered transferred.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 200, Sec. 2, eff. September 1, 2005.
Transferred and redesignated from Probate Code, Art/Sec 616 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(c), eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 66.03, eff. September 28, 2011.
Text of section effective on January 01, 2014
Sec. 617. CONTINUATION OF GUARDIANSHIP. When a guardianship is transferred from one county to another in accordance with this subpart, the guardianship proceeds in the court to which it was transferred as if it had been originally commenced in that court. It is not necessary to record in the receiving court any of the papers in the case that were recorded in the court from which the case was transferred.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.
Transferred and redesignated from Probate Code, Art/Sec 617 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(c), eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 66.03, eff. September 28, 2011.
Text of section effective on January 01, 2014
Sec. 618. NEW GUARDIAN APPOINTED ON TRANSFER. If it appears to the court that transfer of the guardianship is in the best interests of the ward, but that because of the transfer it is not in the best interests of the ward for the guardian of the estate to continue to serve in that capacity, the court may in its order of transfer revoke the letters of guardianship and appoint a new guardian, and the former guardian shall account for and deliver the estate as provided by this chapter in a case in which a guardian resigns.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.
Transferred and redesignated from Probate Code, Art/Sec 618 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(c), eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 66.03, eff. September 28, 2011.
Text of section effective on January 01, 2014
Sec. 619. REVIEW OF TRANSFERRED GUARDIANSHIP. Not later than the 90th day after the date the transfer of the guardianship takes effect under Section 616, the court to which the guardianship was transferred shall hold a hearing to consider modifying the rights, duties, and powers of the guardian or any other provisions of the transferred guardianship.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 66A.01, eff. January 1, 2014.
SUBPART C. DUTIES AND RECORDS OF CLERK
Text of section effective on January 01, 2014
Sec. 631. CLERK'S DUTIES. (a) If the proper venue is finally determined to be in another county, the clerk, after making and retaining a true copy of the entire file in the case, shall transmit the original file to the proper county, and a proceeding shall be held in the proper county in the same manner as if the proceeding had originally been instituted in the proper county.
(b) By transmitting to the proper court in the proper county for venue purposes the original file in the case, with certified copies of all entries in the judge's guardianship docket made in the file, an administration of the guardianship in the proper county for venue purposes shall be completed in the same manner as if the proceeding had originally been instituted in that county.
(c) The clerk of the court from which the proceeding is transferred shall transmit to the court to which the proceeding is transferred the original file in the proceeding and a certified copy of the entries in the judge's guardianship docket that relate to the proceeding.
Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 602, Sec. 14, eff. June 19, 2009.
Transferred and redesignated from Probate Code, Art/Sec 631 by Acts 2011, 82nd Leg., R.S., Ch. 823, Sec. 3.01(d), eff. January 1, 2014.
