Tex. Est. Code § 1353.004 · Subchapter A. APPOINTMENT OF COMMUNITY ADMINISTRATOR OR GUARDIAN OF THE ESTATE
APPOINTMENT OF GUARDIAN OF THE ESTATE UNDER CERTAIN CIRCUMSTANCES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This section applies only if:
(1) a spouse who is not incapacitated is removed as community administrator; or
(2) the court finds that the spouse who is not incapacitated:
(A) would be disqualified to serve as guardian under Subchapter H, Chapter 1104; or
(B) is not suitable to serve as the community administrator for any other reason.
(b) The court shall appoint a guardian of the estate for the incapacitated spouse if the court:
(1) has not appointed a guardian of the estate under Section 1353.003(a); or
(2) has appointed the spouse who is not incapacitated as the guardian of the estate under Section 1353.003(a).
(c) After considering the financial circumstances of the spouses and any other relevant factors, the court may order the spouse who is not incapacitated to deliver to the guardian of the estate of the incapacitated spouse not more than one-half of the community property that is subject to the spouses' joint management, control, and disposition under Section 3.102, Family Code.
(c-1) If the court finds that the ward's spouse fails to comply with an order described by Subsection (c), the court may, after notice and a hearing, order any third party or entity in possession to deliver to the incapacitated spouse's guardian of the estate the community property described by Subsection (c).
(d) The court shall authorize the guardian of the estate of the incapacitated spouse to administer:
(1) any separate property of the incapacitated spouse;
(2) any community property that is subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code;
(3) any community property delivered to the guardian of the estate under Subsection (c); and
(4) any income earned on property described by this section.
(e) Community property administered by a guardian of the estate under Subsection (d) is considered the incapacitated spouse's community property, subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code.
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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 28, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1353.htm
- Text hash
- sha256 b9a56aff3876cf4fd79b8a736fe81af2e4f853cc21bdee861525dbff8b073446
- 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
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Estates Code
Cited by 4 provisions
Provisions in this library whose text cites Tex. Est. Code § 1353.004. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 1353.002SPOUSE AS COMMUNITY ADMINISTRATOR.Printed as Section 1353.004
- Tex. Est. Code § 1353.003APPOINTMENT OF GUARDIAN OF THE ESTATE TO ADMINISTER SEPARATE PROPERTY.Printed as Section 1353.004
- Tex. Est. Code § 1353.005ADMINISTRATION OF CERTAIN PROPERTY BY NON-INCAPACITATED SPOUSE.Printed as Section 1353.004 | Section 1353.004(c)
- Tex. Est. Code § 1353.006EFFECT OF COURT ORDER ON CREDITORS' CLAIMS.Printed as Section 1353.004 or 1353.005
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.