Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 1021.001 - 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.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 521,Sec. 13, eff. 9/1/2021.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1236,Sec. 20.007, eff. 9/1/2015.Added by Acts 2013, 83rd Leg. - Regular Session, ch. 161,Sec. 6.015, eff. 1/1/2014.