Tex. Est. Code § 1163.004 · Subchapter A. ANNUAL ACCOUNT AND OTHER EXHIBITS BY GUARDIAN OF THE ESTATE
METHOD OF PROOF FOR SECURITIES AND OTHER ASSETS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The proof required by Section 1163.003(a)(3) must be by:
(1) an official letter from the bank or other depository where the securities or other assets are held for safekeeping, and if the depository is the guardian, the official letter must be signed by a representative of the depository other than the depository verifying the annual account;
(2) a certificate of an authorized representative of a corporation that is surety on the guardian's bonds;
(3) a certificate of the clerk or a deputy clerk of a court of record in this state; or
(4) an affidavit of any other reputable person designated by the court on request of the guardian or other interested party.
(b) A certificate or affidavit described by Subsection (a) must:
(1) state that the affiant has examined the assets that the guardian exhibited to the affiant as assets of the estate for which the annual account is made;
(2) describe the assets by reference to the account or in another manner that sufficiently identifies the assets exhibited; and
(3) state the time and the place the assets were exhibited.
(c) Instead of attaching a certificate or an affidavit, the guardian may exhibit the securities to the judge of the court, who shall endorse on the annual account, or include in the judge's order with respect to the account, a statement that the securities shown to the judge as on hand were exhibited to the judge and that the securities were the same as those shown in the account, or note any variance. If the securities are exhibited at a location other than where the securities are deposited for safekeeping, that exhibit is at the guardian's own expense and risk.
(d) The judge of the court may require:
(1) additional evidence of the existence and custody of the securities and other personal property as the judge considers proper; and
(2) the guardian at any time to exhibit the securities to the judge or another person designated by the judge at the place where the securities are held for safekeeping.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1163.htm
- Text hash
- sha256 e493fe988826764de61247e678dded570533507f66ce702a68018312f29b121f
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.