Form 8-31

[Caption. See § 3 of the Introduction in this manual.]

Annual Account

[Complex]

[Name of guardian], Guardian, guardian of the estate of [name of ward], Ward, an inca­pacitated person, presents this verified account according to section 1163.002 of the Texas Estates Code and shows in support:

1.This account covers the twelve-month period from [date] to [date].

2.The Court approved Guardian’s inventory on [date], and Guardian’s bond in the amount of $[amount] was approved by the Court on [date].

3.[The following claims against the estate have been presented, and the following action has been taken with respect to each: [describe all claims, state whether allowed or rejected, and if they have been paid]/No claims against the estate have been presented].

4.The following personal property has come to Guardian’s attention or into Guard­ian’s possession and was not previously listed or inventoried: [describe property in detail, when it was discovered, and state its value].

5.The following changes have occurred in the personal property of the estate but have not been reported: [describe in detail any changes].

6.The following real property has come to Guardian’s attention or into Guardian’s possession and was not previously listed or inventoried: [describe property in detail, when it was discovered, and state its value].

7.The following changes have occurred in the real property of the estate but have not been reported: [describe in detail any changes].

8.No [real/personal/real or personal] property has come to Guardian’s attention or into Guardian’s possession that was not previously listed or inventoried.

9.No changes have occurred in the [real/personal/real or personal] property of the estate that have not been reported.

10.The receipts of the estate are as follows: [describe each receipt, the date, and amount received; receipts of principal and income must be shown separately].

11.   The disbursements of the estate are as follows: [describe each item of expense, the date paid, and the amount paid. If the court issued approvals for the expenditures, show the dates of those orders].

12.The description of the real property remaining and being administered except as otherwise specified is as follows: [describe the property, its condition, its use, and, if it is being rented, the terms and price for rent].

13.The following cash belonging to the estate is on hand: [give amounts, location of depositories, type of account, and if account is subject to court order].

14.The description of the personal property of the estate is as follows: [describe prop­erty as required by section 1163.001(b)(7) of Texas Estates Code].

15.Attached to this account are proper vouchers for each item of credit claimed in this account.

16.Attached to this account are verifications from all depositories in which money or other personal property belonging to this estate is being held in safekeeping.

17.The following disbursements were reported in paragraph 11. above, but were made by Guardian from the corpus of Ward’s estate and without prior court authorization under section 1156.004 of the Texas Estates Code. Guardian respectfully requests that the Court approve and ratify these payments: [identify the disbursement, the date expended, and its amount].

18.Guardian requests that this Court authorize reimbursement of certain disburse­ments made for Ward’s benefit during this reporting period, but paid for by [Guardian/[name of other person]]. This account indicates that there are ample funds in Ward’s estate from which these payments may be reimbursed. The disbursements are as follows: [describe each disbursement, including the date, its amount, and the person making it].

19.Guardian has previously received court authorization to make disbursements from Ward’s estate to cover expenses authorized under section 1156.001 of the Texas Estates Code. Ward’s income continues to be less than Ward’s needs for support and maintenance. Guardian requests that the Court authorize the expenditures detailed in Exhibit [exhibit number/letter] to this account from Ward’s estate in the amount of $[amount] per month during the next accounting period from [date] to [date] to cover these expenditures. [Identify each expense and the approximate amount monthly].

20.Guardian requests, based on this account, that this Court reduce [his/her] bond from the amount of $[amount] to an amount that would adequately protect Ward’s estate as reflected in this annual account.

21.Guardian requests that this Court authorize the payment of any approved and unpaid claims set forth in this annual account. Ample funds exist for their payment. These claims are as follows: [describe the claim, the person to receive payment, and the amount].

Reconciliation of Cash Items

The following is a summary and reconciliation of the foregoing sections of this Account of Guardian:

Paragraph 2: Beginning value of the estate   $[amount]

Paragraph 4 and 6: Property not previously reported   $[amount]

Paragraph 5 and 7: Changes in property of the estate   $[amount]

Paragraph 10: Total receipts   $[amount]

Paragraph 11: Total disbursements   $[amount]

Paragraph 12: Total real property   $[amount]

Paragraph 13: Total cash   $[amount]

Paragraph 14: Total personal property other than cash   $[amount]

TOTAL ASSETS AT CLOSE OF THIS ACCOUNTING PERIOD   $[amount]

[Name of guardian], guardian of the estate, requests the Court approve this annual account and enter such other orders as may be proper.

Respectfully submitted,

   
[Name]
Guardian

   
[Name]
Attorney for Guardian
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

Guardian’s Affidavit

[Name of guardian], guardian of the estate of [name of ward], an incapacitated person, appeared in person before me today and stated the following under oath:

“My name is [name of guardian]. I am the guardian of the estate in the above-entitled and -numbered cause. This annual account contains a true, correct, and complete statement of the matters to which this account related. The bond premium for the next accounting period has been paid. All tax returns for the ward during this accounting period have been filed.

“The guardian has paid all taxes owed by the ward during the accounting period of this account as follows: [list name of agency, date, and amount paid].”

   
Affiant

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas