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Court instructions a guardian of the estate acknowledges on appointment: qualify within 21 days of the appointing order (oath, bond, letters at $2.00 each); general duties (immediate notice of address changes, of the ward's death or majority with a final account, bond premiums); the inventory, appraisement and list of claims within 30 days of the oath or bond; notice to creditors (publication within one month, certified or registered mail to secured creditors and known claimants within four months); an investment plan within 180 days unless waived; annual accounts within 60 days of each anniversary and a final account at closing; the powers exercisable without court order (insurance, taxes, costs and bond premiums, voting stock); taking possession of the ward's property (changing locks, insured storage, court authority to sell perishables, insured guardianship accounts, no commingling of Social Security benefits, cancelling the ward's credit cards and notifying credit bureaus); and prudent-person management (court orders before any expenditure, sale or lease, a monthly allowance order, no support from a minor's estate absent a showing, insurance, collections and litigation with permission, creditor claims with counsel, no gifts, funeral planning with permission). Letters expire one year and four months after issuance unless renewed after the approved annual accounting.
Applies to fiduciaries appointed by the Bexar County Probate Courts (Nos. 1, 2 and 3): posted on the Probate Courts' shared Orders & Forms page of the county website (www.bexar.org/3072/Orders-Forms, breadcrumb Probate Courts > Orders & Forms) without a court or judge designation, so no court or judge join. Probate Court No. 3 also posts its own, longer instruction sets over Judge Scharf-Zeldes's signature block (published separately). Not registered on TOPICs. Undated on its face. Procedural information only; not legal advice.
CAUSE NO. _____________________________ BEXAR COUNTY PROBATE COURT INSTRUCTIONS TO GUARDIAN OF THE ESTATE As a duly appointed Guardian of the Person and Estate, you are hereby advised by the court that you MUST perform the following on an annual basis: (All section references are to the Texas Estates Code, unless otherwise indicated) 1. Qualify as Guardian: Within 21 days from the day the judge signed the order appointing you as Guardian of the Person and Estate you must (§1105.003): • Take and file an oath of Guardian (§1105.051), • Obtain and file the required bond (§1105.001), • Obtain Letters of Guardianship from the probate clerk's office and pay the fee, which is currently $2.00 per letter (§1106.001). 2. General Duties • The duty to notify the court immediately of any address changes of the guardian or ward. Failure to do so is cause for removal of the guardian and cancellation of all Letters of Guardianship (§1203.051) • The duty to notify the court immediately if the Ward dies, or in the case of a minor, when the ward turns 18, and file a Final Account. • The duty to pay all necessary premiums on the corporate surety bond. 3. Guardian of the Estate - File an Inventory: Within 30 days of filing oath and/or bond (whichever is later), the guardian must file an inventory, appraisement and list of claims of the guardianship estate. (§1154.051) 4. Guardian of the Estate - Notice to Creditors. Within one month of filing the oath and/or bond (whichever date is later), the guardian must publish a notice to creditors in a newspaper of general circulation in the county. A copy of the notice along with a publisher's affidavit must be filed. Within 4 months of filing oath and/or bond, the guardian must give notice by certified or registered mail, return receipt requested, to all secured creditors and claimants of whom the guardian has actual knowledge. 5. Guardian of Estate - Investment Plan: Within 180 days of qualifying as Guardian of the Estate you must, unless waived by the court, file an investment plan with the court in conformity with Section 1161.051. 6. Guardian of Estate - Accountings. The Guardian of the Estate must maintain an accurate record of all expenditures/receipts of guardianship funds. Within 60 days of the first and subsequent anniversary date, an Annual Account, meeting the requirements of the Probate Code must be filed. A Final Account must be filed when the guardianship is to be closed due to death, restoration or emancipation of the ward. (§§1163.001 & 1204.001). 7. Guardian of Estate's powers without court order (§1151.103) • To purchase liability and property insurance • To pay taxes, court costs & bond premiums • To vote stocks, pay calls and assessments 8. Guardian of Estate shall take possession of all property of the ward. Upon receiving Letters of Guardianship immediately collect and take possession of all personal property and records of the estate (§1151.152) Including: • Security: Change locks on real property • Storage: Place non-perishable personal property in insured storage if necessary. • Perishable Property: Once the inventory has been approved, request authority from the court, to sell perishable personal property. (§1151.152) • Accounts and Investments: All guardianship funds must be deposited in an insured account in the name of the Guardianship. Retain, in a checking account, funds reasonably necessary for the current support of the ward. All additional funds MUST be invested in insured interest bearing accounts. • DO NOT commingle Social Security benefits with funds in guardianship account. You have to report to the Social Security Administration only for the use of SS benefits. • Cancel Credit Cards Issued to the Ward. Notify, in writing, credit reporting agencies of the ward's incapacity and that that the ward will not be accepting "pre-approved" credit cards or loans. Call 1-888-5OPTOUT or go online to www.OptOutPreScreen.com. 9. Guardian of Estate shall manage the property of the ward as a "prudent person" would manage his or her own property (§1151.101 & 1151.151) • Spending Money: Obtain a written order of the court authorizing any expenditure of guardianship funds before making the expenditure. Obtain an order for a monthly allowance for ward's maintenance and support (§1101.151(b)3). • Expenditures for Support: A parent of a minor has a legal duty to support the child. Absent a showing that the parent is unable to support the child, that parent has NO authority to invade the income/principal of the minor ward's estate to pay for the minor ward's support. (§1156.051). • Sales and Leases: Obtain a written order of the court before attempting to sell, lease, transfer or otherwise dispose of any asset of the guardianship. • Insurance: Obtain adequate health insurance for the ward if possible; and adequately insure all non-cash assets. • Collect all debts, rentals, or claims due to the ward. If necessary, obtain court permission to litigate on ward's behalf (§1151.104 & 1151.105). • Creditor's Claims: Consult your attorney. Improper approval of a claim or failure to timely act can result in your personal liability. • Gifts: The guardian has NO authority to make a gift of the ward's property without prior permission. • Funeral plan purchase. If funds are available, pre-purchase burial plan, cemetery plot, engraved marker or make cremation arrangements with the court's permission. 10. Consult your attorney with any questions that you may have regarding this guardianship. WARNING: Letters of Guardianship of the Estate EXPIRE one year and four months after the date of issuance unless renewed (§1106.001). The clerk may not renew the letters until the guardian has filed the required annual accounting that is approved by the court. (§1163.104). I acknowledge receipt of a copy of these court instructions. [Guardian's signature, printed name, date.]
CAUSE NO. _____________________________ BEXAR COUNTY PROBATE COURT INSTRUCTIONS TO GUARDIAN OF THE ESTATE As a duly appointed Guardian of the Person and Estate, you are hereby advised by the court that you MUST perform the following on an annual basis: (All section references are to the Texas Estates Code, unless otherwise indicated) 1. Qualify as Guardian: Within 21 days from the day the judge si
Reviewer note: Composed 2026-09-09 from BenchPath's own-site custody copy (native text layer read in full). Bullets follow the print's check-box list; the print's opening line ("As a duly appointed Guardian of the Person and Estate") and its citations are kept as printed. The acknowledgment signature block is described in brackets.
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