[Caption. See § 3 of the Introduction in this manual.]
Application for Appointment of Nonresident Guardian of Nonresident Ward’s Estate
Pursuant to sections 1252.051–.055 of the Texas Estates Code, [name of nonresident guardian], Applicant, makes this Application for Appointment of Nonresident Guardian for the estate of [name of nonresident ward], Ward, and in support of the Application shows the following:
1.On [date], the Honorable [name of judge], judge of the [name of foreign court] of [county] County, [state], in Cause No. [cause number] found [nonresident ward] to be an incapacitated person and appointed [name of nonresident guardian] to be the guardian of the person and the of the estate of [name of nonresident ward], who qualified by posting a corporate surety bond in the amount of $[amount].
2.[Name of nonresident ward] is a resident of [county] County, [state], and resides at [address, city].
3.[Name of nonresident ward] is without a guardian of [his/her] estate in Texas and appointment of a guardian is necessary as [he/she] owns a real property in this county, which is located at [address, city, county] County, Texas, and is described and valued as [legal description and valuation of property].
4.Applicant seeks the appointment as nonresident guardian of the estate to (1) facilitate the sale of [name of nonresident ward]’s real property located at [address, city, county] County, Texas, in order to generate funds for the support, use, and benefit of [name of nonresident ward] and (2) conserve the estate. Applicant alleges that the property is liable to waste or will deteriorate in value, resulting in an expense and disadvantage to the estate. Furthermore, the value of the estate may diminish if a responsible party is not appointed to safeguard and conserve the estate assets. Applicant believes it would be in the best interest of [name of nonresident ward] for nonresident guardian to be appointed to assist in properly securing and managing Ward’s estate.
5.Applicant is a proper and qualified person to act as such guardian in Texas and is entitled to receive the appointment for the reasons alleged in this application and by virtue of its serving as guardian and conservator of the incapacitated person in the state of [foreign state], as reflected by the attached transcript, and not being otherwise disqualified to receive letters of guardianship. Certified copies of the complete transcript of the [foreign state] proceeding have been filed with this Court as required by Texas Estates Code section 1252.051.
6.Applicant files with this Application a designation of resident agent appointing [name of Texas resident agent], a resident of this county and state, as resident agent for [name of nonresident guardian] as guardian and conservator of the estate of [name of nonresident ward] and to accept service of process in all actions or proceedings with respect to the estate.
Applicant prays that a nonresident guardianship be created on the basis of the authenticated copies of the foreign proceedings; that [name of nonresident guardian] be appointed guardian of the estate of [name of nonresident ward], an incapacitated person, in the state of Texas, without the issuance of any notice or citation of any character; that applicant be authorized to sell and convey title to the above described real property, and accept and collect the proceeds from the sale; and that the Court issue such other orders as may be appropriate or proper.
Respectfully submitted,
[Name of attorney]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
By:
[Name of Texas attorney]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
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Attach exhibits. |