This form is provided as a template that includes the minimum amount of information required by the Texas Estates Code. Practitioners are advised to check with the applicable guardianship court to see if the court has another preferred format. Note that some courts post their preferred templates on their website.
[Caption. See § 3 of the Introduction in this manual.]
Annual Account
[Simple]
[Name of guardian], guardian of the [person and estate/estate] of [name of ward], an incapacitated person, presents the annual account of this estate, covering the period from [date] to [date].
Reconciliation of Cash Items
Cash on hand as of the last annual account $[amount]
Cash receipts during the year $[amount]
TOTAL $[amount]
Disbursements during the accounting period <$[amount]>
TOTAL cash now on hand $[amount]
Name and location of depository for cash: ____________________________________
Value of All Property Now in Possession of Estate
(Summary only)
Real estate $[amount]
Notes payable to estate $[amount]
Stocks, bonds, & securities $[amount]
Cash: (balance shown above) $[amount]
Other personal property $[amount]
Receipts
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List amounts received as income from sources such as rent, pensions, interest, insurance, lawsuits, sales of real estate, personal property, stocks, bonds, and notes, or income of any nature from any other sources. Identify separately all receipts of principal and income. |
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Description |
Date Received |
Community or Separate |
Principal |
Income |
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Total |
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Disbursements
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List every expenditure by the amount paid and its purpose. |
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Description |
Court |
Date |
Community or Separate |
Amount |
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1. Court Costs |
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2. Medical |
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3. Doctors |
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4. Nursing Home |
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5. Other |
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Total |
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Property Administered
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A complete, accurate, and detailed description of all property that the guardian is administering should be provided, including the condition of the property and the use being made of it, and if rented, the rental terms and price. |
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Description |
Community or Separate |
Value |
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1. Real Property |
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2. Personal Property |
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3. Co-owned Property |
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Total |
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Claims
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List all claims presented against the estate during the period covered by this account specifying those that have been allowed, paid, or rejected and the date rejected, or have been sued on and the status of the suit. |
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Description |
Approved |
Paid Amount |
Unpaid Amount |
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Total |
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Bonds, Notes, Stocks, Etc.
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Describe property as required by Tex. Est. Code § 1163.001(c), including stocks, bonds, notes, and any other securities. |
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Description |
Safekeeping |
Community or Separate |
Amount |
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Total |
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Most courts prefer to have guardian compensation requests included in an annual account. If a guardian compensation request is included, choose the following. |
1.Applicant has filed [his/her] annual account, which covers the period from [date] to [date], with this Court, and this Court approved the annual account on [date].
2.Applicant has adequately performed the duties as guardian of the [person and estate/estate] of Ward by [managing Ward’s estate/managing Ward’s estate and taking proper care of Ward’s person] and is entitled to receive compensation in the form of a commission from the assets being administered according to section[s] [1155.003/1155.002 and 1155.003] of the Texas Estates Code.
3.Applicant requests that the Court award a fee of $[amount], which has been calculated under section[s] [1155.003/1155.002 and 1155.003] of the Texas Estates Code in the following manner:
A.Total income of the estate $[amount]
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Include as applicable. |
Less: Department of Veterans Affairs income <$[amount]>
Sales of estate assets $[amount]
Less: Social Security income <$[amount]>
Return on principal of investments $[amount]
Income subject to commission $[amount]
Commission on Income (5 percent of $[amount]): $[amount]
B.Total expenses of the estate $[amount]
Less: Tax-motivated gifts <$[amount]>
Investments $[amount]
Money loaned $[amount]
Expenses subject to commission $[amount]
Commission on Expenses (5 percent of $[amount]): $[amount]
$[amount of commission on income] +
$[amount of commission on expenses]
Total Commission: $[amount]
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Continue with the following. |
4.Ward’s estate has adequate funds from which Applicant may be paid the statutory commission requested as evidenced by the approved annual account on file in this matter.
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If the annual account does not include compensation for the guardian, choose the following. |
Guardian is not seeking compensation for [his/her] services during this accounting period.
Respectfully submitted,
[Name]
Guardian
[Name]
Attorney for Guardian
State Bar No.:
[Email 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 under oath:
“I am the guardian of the [person and estate/estate] in the above-entitled and -numbered cause. This account contains a true, correct, and complete statement of the matters to which this account relates. The bond premium for the next accounting period has been paid. All tax returns for the ward during this accounting period have been filed.
“I have paid all taxes owed by the ward during the accounting period of this accounting as follows: [list name of agency, date, and amount paid].”
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If the guardian is unable to pay all or part of the taxes owed, substitute for the above a detailed statement identifying the tax, its due date, its amount, and why such taxes have not or cannot be paid. |
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If the guardian is a private professional guardian, a guardianship program, or the Health and Human Services Commission, include the following. |
“I am not and have not been the subject of an investigation conducted by the Judicial Branch Certification Commission during the accounting period.”
Affiant
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas