Form 14-1

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

Account for Final Settlement

[Name of guardian], Guardian, guardian of the estate of [name of ward], Ward, an inca­pacitated person, files this Account for Final Settlement in accordance with section 1204.001 of the Texas Estates Code and shows the Court the following:

1.Guardian was appointed personal representative of the estate of Ward on [date]. Since that time, Guardian has administered this guardianship in accordance with the provi­sions of the Texas Estates Code.

2.The guardianship of the estate of Ward should be settled and closed because Ward died on [date].

2.The guardianship of the estate of Ward should be settled and closed because Ward became an adult by [becoming eighteen years of age/removal of disabilities/marriage] on [date].

2.The guardianship of the estate of Ward should be settled and closed because Ward was restored to full legal capacity on [date].

2.The guardianship of the estate of Ward should be settled and closed because the spouse of Ward qualified as the community administrator on [date], and Ward owns no sepa­rate property.

2.The estate of Ward has become exhausted.

2.The foreseeable income accruing to Ward or to [his/her] estate is so negligible that maintaining the guardianship in force would be burdensome.

2.All the assets of the estate have been placed in a management trust under chapter 1301 of the Texas Estates Code, and the Court has determined that a guardianship for Ward is no longer necessary.

3.Ward is deceased, and no personal representative of the estate has been appointed in Texas. Citation of the estate by [publication/posting] is necessary, in accordance with sec­tion 1204.105 of the Texas Estates Code.

3.Ward is deceased and [name of representative] was appointed personal representa­tive of the estate on [date] by order of the [designation] Court of [county] County, Texas, in Cause No. [number], styled “[style of case].” The personal representative is a person other than Guardian and it is expected that [he/she] will sign a waiver of citation and notice after receiving a copy of this final account.

4.This Account for Final Settlement covers the period from [date] through [date] and is accompanied with proper vouchers in support of each item not previously reported to the Court. The total value of the estate at the beginning of this accounting period was $[amount], as shown on the [inventory/account] filed by Guardian on [date].

5.[No claims against the estate have been presented to Guardian during this account­ing period/The following is a list of claims paid during the period of this account: [list claims, state whether allowed or rejected, and if they have been paid]].

6.All property belonging to the estate that has come into the possession or to the attention of Guardian has previously been listed and inventoried in the pleadings, accounts, and reports filed with this Court, to which reference is hereby made for all purposes.

7.There have been no changes in the property belonging to the estate that have not been previously reported to the Court.

7.The following changes in property belonging to the estate have occurred during the period covered by this account: [specify changes].

8.The following is a complete list of revenues and income received by Guardian for the benefit of Ward during the period covered by this account: [list income].

9.The following is a complete list of all disbursements of cash [include if applicable: other than payment of claims shown in paragraph 5. above] made by Guardian for the benefit of Ward during the period covered by this account: [list disbursements].

10.The following is a description of all property, other than cash assets, remaining in the hands of Guardian: [describe property].

11.The cash remaining in the hands of Guardian is located in the following deposit accounts as evidenced by an official letter from each depository attached to this account: [list name and address of each depository, account number(s), and balance(s) of each account].

12.The following assets of this estate are deposited subject to [court order/safekeep­ing order], as evidenced by an official letter from each depository attached to this account: [list name and address of each depository, account number(s), and balance(s) of each account].

13.The following is a summary and reconciliation of the foregoing paragraphs of this account:

A.   Changes in Estate

Paragraph 4: Value of assets on date of qualification
of Guardian:       $[amount]

Paragraph 5: Total claims paid:       $[amount]

Paragraph 6: Property not previously reported:           [specify]

Paragraph 7: Net change in value of assets:       $[amount]

Paragraph 8: Total receipts:       $[amount]

Paragraph 9: Total disbursements:       $[amount]

TOTAL NET VALUE OF ESTATE:       $[amount]

B.   Assets Remaining in Estate:

Paragraph 10: Total noncash assets being administered:       $[amount]

Paragraph 11: Total cash on hand:       $[amount]

Paragraph 12: Assets [held by court order/in safekeeping]:       $[amount]

TOTAL NET VALUE OF ESTATE:                $[amount]

14.The following debts and expenses of the estate have not been paid and are cur­rently owed by the estate: [specify, e.g.: The estate is indebted to Guardian, [name of guard­ian], for commission in accordance with section 1155.002 of the Texas Estates Code/The estate is indebted to [name of attorney] for attorney’s fees and expenses in accordance with section 1155.054 of the Texas Estates Code in the amount of $[amount]].

15.After payment of the debts and expenses described above, the estate properly remaining in the hands of Guardian and in safekeeping should be delivered to the following person, who is legally entitled to receive it: [name and address of heir or personal representa­tive].

16.   Since the date of qualification of Guardian, the physical welfare and well-being of Ward have been as follows: [specify].

Guardian requests that citation and notice be issued and served as required by law; that after hearing, the Court audit, settle, and approve this account and order Guardian to pay the outstanding debts and expenses of the estate and deliver the property remaining on hand to the person legally entitled to receive it; and that on distribution of the property as ordered and the filing of proper receipts therefor, the Court enter an order discharging Guardian from [his/her] trust as guardian of the estate of Ward and releasing the surety on Guardian’s bond from fur­ther liability.

Respectfully submitted,

   
[Name]
Guardian

   
[Name]
Attorney for Guardian
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]

Guardian’s Affidavit

BEFORE ME, the undersigned authority, on this day personally appeared [name of affi­ant], who swore on oath that the following facts are true:

“I am Guardian in the foregoing Account for Final Settlement. I have personal knowl­edge of the allegations and facts stated in it, and the contents and exhibits are true, complete, and correct.

“This account contains a correct and complete statement of the matters pertaining to the estate of Ward. The bond premium on this estate has been paid.

“No tax returns have been filed on behalf of Ward.”

“Guardian has filed the following tax returns on behalf of Ward: [specify]. [Guardian has paid the following taxes owed by Ward during the guardianship: [specify amount, date paid, and governmental entity paid].”/There are no taxes currently owed by Ward.”]

“The following tax returns are delinquent in filing: [specify amount, date due, and rea­son for delinquency].”

   
[Name of affiant]
Affiant

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas