Texas Estates Code

§ 1155.151 — COSTS IN GUARDIANSHIP PROCEEDING GENERALLY

ES § 1155.151Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part E. ADMINISTRATION OF GUARDIANSHIP · Ch. 1155. COMPENSATION, EXPENSES, AND COURT COSTS · Art. D. COSTS IN GENERAL

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(a)In a guardianship proceeding, the court costs of the proceeding, including the costs described by Subsection (a-1), shall, except as provided by Subsection (c), be paid as follows, and the court shall issue the judgment accordingly:

(1)out of the guardianship estate;

(2)out of the management trust, if a management trust has been created for the benefit of the ward under Chapter 1301 and the court determines it is in the ward's best interest;

(3)by the party to the proceeding who incurred the costs, unless that party filed, on the party's own behalf, an affidavit of inability to pay the costs under Rule 145, Texas Rules of Civil Procedure, that shows the party is unable to afford the costs, if:

(A)there is no guardianship estate or no management trust has been created for the ward's benefit; or

(B)the assets of the guardianship estate or management trust, as appropriate, are insufficient to pay the costs; or

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Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 982 (H.B. 2080), Sec. 19, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438), Sec. 18, eff. September 1, 2015.