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Texas Laws | Probate Code
CHAPTER XIII. GUARDIANSHIP
PART 3. APPOINTMENT AND QUALIFICATION OF GUARDIANS

If a petition is filed, the guardian shall be cited to appear and give a new bond. (5290)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. (5291)

Text of article effective until January 01, 2014 (5292)

Sec. 719. RELEASE OF LIEN BEFORE GUARDIANSHIP FULLY ADMINISTERED. If a personal surety who has given a lien on specific real property as security applies to the court to have the lien released, the court shall order the release requested if the court is satisfied that the bond is sufficient without the lien on the property or if sufficient other real or personal property of the surety is substituted on the same terms and conditions required for the lien that is to be released. (5293)(Text)

If the personal surety who requests the release of the lien does not offer a lien on other real or personal property and if the court is not satisfied that the bond is sufficient without the substitution of other property, the court shall order the guardian to appear and give a new bond. (5294)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. (5295)

Text of article effective until January 01, 2014 (5296)

Sec. 720. RELEASE OF RECORDED LIEN ON SURETY'S PROPERTY. A certified copy of the court order that describes the property, releases the lien, and is filed with the county clerk and recorded in the deed records of the county in which the property is located has the effect of cancelling the lien on the property. (5297)(Text)

(5298)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. (5299)

Text of article effective until January 01, 2014 (5300)

Sec. 721. REVOCATION OF LETTERS FOR FAILURE TO GIVE BOND. If a guardian of a ward fails to give the bond required by the court within the time required under this chapter, another person may be appointed guardian of the ward. (5301)(Text)

(5302)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. (5303)

Text of article effective until January 01, 2014 (5304)

Sec. 722. GUARDIAN WITHOUT BOND REQUIRED TO GIVE BOND. If a bond is not required of an individual guardian of the estate, a person who has a debt, claim, or demand against the guardianship, to the justice of which oath has been made by the person, the person's agent or attorney, or any other person interested in the guardianship, in person or as the representative of another person, may file a complaint under oath in writing in the court in which the guardian was appointed, and the court, after a complaint is filed under this section, shall cite the guardian to appear and show cause why the guardian should not be required to give bond. (5305)(Text)

(5306)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. (5307)

Text of article effective until January 01, 2014 (5308)

Sec. 723. ORDER REQUIRING BOND. On hearing a complaint under Section 722 of this code, if it appears to the court that a guardian is wasting, mismanaging, or misapplying the guardianship estate and that a creditor may probably lose his debt, or that a person's interest in the guardianship may be diminished or lost, the court shall enter an order requiring the guardian to give a bond not later than the 10th day after the date of the order. (5309)(Text)

(5310)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. (5311)

Text of article effective until January 01, 2014 (5312)

Sec. 724. AMOUNT OF BOND. A bond that is required under Section 723 of this code shall be in an amount that is sufficient to protect the guardianship and its creditors. (5313)(Text)

The bond shall be approved by and payable to the judge and shall be conditioned that the guardian will well and truly administer the guardianship and that the guardian will not waste, mismanage, or misapply the guardianship estate. (5314)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. (5315)

Text of article effective until January 01, 2014 (5316)

(1) shall administer the guardianship according to the provisions of a will or law; (5317)

(2) shall take the oath required of a guardian as the case may be before the person enters on the administration of the guardianship; and (5318)

(3) shall give bond in the same manner and in the same amount provided in this chapter for the issuance of original letters of guardianship. (5319)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. (5320)

Text of article effective until January 01, 2014 (5321)

Sec. 726. BONDS NOT VOID ON FIRST RECOVERY. The bond of a guardian is not void on the first recovery, but the bond may be sued on and prosecuted from time to time until the whole amount of the bond is recovered. (5322)(Text)

(5323)

Added by Acts 1993, 73rd Leg., ch. 957, Sec. 1, eff. Sept. 1, 1993. (5324)

PART 4. ADMINISTRATION OF GUARDIANSHIP (5325)(Text)

SUBPART A. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS (5326)(Text)

Text of article effective until January 01, 2014 (5327)

Sec. 727. APPOINTMENT OF APPRAISERS. After letters of guardianship of the estate have been granted and on its own motion or on the motion of any interested person, the court for good cause shown shall appoint at least one but not more than three disinterested persons who are citizens of the county in which letters were granted to appraise the property of the ward. (5328)(Text)

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