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Chapter 14

Form 14-5

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

Order Approving Account for Final Settlement

On [date] the Court considered the Account for Final Settlement of this guardianship filed by [name of guardian], guardian of the estate of [name of ward], an incapacitated person. After examining the account and the vouchers accompanying the account and hearing the evi­dence in support of the account, the Court finds as follows:

1.Citation has been duly served on all persons interested in this estate.

2.This Court has jurisdiction of the proceeding and of the subject matter as required by law.

3.The account has been audited and settled by the Court and should be approved as filed.

4.There is no further need for a guardianship.

5.The property remaining in the hands of [name of guardian] should be delivered to those persons entitled by law to receive the property.

Select from the following as appropriate.

6.There are property taxes still due, and the liability for the unpaid claim will be passed on to the personal representative of this estate.

7.This final account should be approved and an administration has been opened in the estate of [name of ward], the will having been admitted to probate in the [designation] court of [county] County, Texas, and [name of executor] has been appointed independent executor of the estate of [name of ward].

Continue with the following.

IT IS ORDERED that the Account for Final Settlement is approved, that any debts and expenses remaining unpaid be paid, and that all the property belonging to the estate and still remaining in the hands of [name of guardian] after payment of all debts and expenses be deliv­ered to [name of heir or personal representative].

IT IS FURTHER ORDERED that [name of depository] release and deliver to [name of guardian] all the assets belonging to the estate and remaining in possession of that institution in safekeeping, including deposits, dividends, and interest in account number [number].

IT IS FURTHER ORDERED that when the remaining property is distributed to the person named above and proper receipts are filed with this Court, [name of guardian] apply to this Court for an Order Closing Estate and Discharging Guardian, declaring that this guardian­ship is closed.

SIGNED on ________________________________.

   
JUDGE PRESIDING