Texas Probate Code - Section 759. Appointment Of Successor Guardian
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§ 759. APPOINTMENT OF SUCCESSOR GUARDIAN. (a) In case of
the death of the guardian of the person or of the estate of a ward, a
personal representative of the deceased guardian shall account for,
pay, and deliver to a person legally entitled to receive the
property, all the property belonging to the guardianship that is
entrusted to the care of the representative, at the time and in the
manner as the court orders. On a finding that a necessity for the
immediate appointment of a successor guardian exists, the court may
appoint a successor guardian without citation or notice.
(b) If letters have been granted to a person, and another
person whose right to be appointed successor guardian is prior and
who has not waived the right and is qualified, applies for letters,
the letters previously granted shall be revoked and other letters
shall be granted to the applicant.
(c) If a person named in a will as guardian is not an adult
when the will is probated and letters in any capacity have been
granted to another person, the nominated guardian, on proof that
the nominated guardian has become an adult and is not otherwise
disqualified from serving as a guardian, is entitled to have the
former letters revoked and appropriate letters granted to the
nominated guardian. If the will names two or more persons as
guardian, any one or more of whom are minors when the will is
probated and letters have been issued to the persons who are adults,
a minor, on becoming an adult, if not otherwise disqualified, is
permitted to qualify and receive letters.
(d) If a person named in a will as guardian was ill or absent
from the state when the testator died, or when the will was proved,
and for that reason could not present the will for probate not later
than the 30th day after the testator's death, or accept and qualify
as guardian not later than the 20th day after the date the will was
probated, the person may accept and qualify as guardian not later
than the 60th day after the person's return or recovery from
illness, on proof to the court that the person was absent or ill. If
the letters have been issued to another person, the letters shall be
revoked.
(e) If it is discovered after letters of guardianship have
been issued that the deceased person left a lawful will, the letters
shall be revoked and proper letters of guardianship issued to a
person entitled to receive the letters.
(f) Except when otherwise expressly provided in this
chapter, letters may not be revoked and other letters granted
except on application, and after personal service of citation on
the person, if living, whose letters are sought to be revoked, that
the person appear and show cause why the application should not be
granted.
(g) Money or any other thing of value falling due to a ward
while the office of the guardian is vacant may be paid, delivered,
or tendered to the clerk of the court for credit of the ward, and the
debtor, obligor, or payor shall be discharged of the obligation for
all purposes to the extent and purpose of the payment or tender. If
the clerk accepts the payment or tender, the clerk shall issue a
proper receipt for the payment or tender.
(h) The court may appoint as successor guardian a spouse,
parent, or child of a proposed ward who has been disqualified from
serving as guardian because of a litigation conflict under Section
681(4) of this code on removal of the conflict that caused the
initial disqualification if the spouse, parent, or child is
otherwise qualified to serve as a guardian.
Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 1039, § 48, eff. Sept. 1,
1995.
Section: 752 753 754 755 756 757 758 759 760 760A 760B 761 762 763 764
Last modified: August 11, 2007
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