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Texas Estates Code

§ 1203.105 — APPOINTMENT OF FORMERLY ILL OR ABSENT GUARDIAN NAMED IN WILL

ES § 1203.105Title 3. GUARDIANSHIP AND RELATED PROCEDURES · Part F. EVALUATION, MODIFICATION, OR TERMINATION OF GUARDIANSHIP · Ch. 1203. RESIGNATION, REMOVAL, OR DEATH OF GUARDIAN; APPOINTMENT OF SUCCESSOR · Art. C. APPOINTMENT OF SUCCESSOR GUARDIAN; REVOCATION OF LETTERS

Statute text

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(a)This section applies only to a person named as guardian in a will who was ill or absent from the state when the testator died or the will was proved and, as a result, could not:
(1)present the will for probate not later than the 30th day after the testator's death; or
(2)accept and qualify as guardian not later than the 20th day after the date the will was probated.
(b)A person to whom this section applies may accept and qualify as guardian not later than the 60th day after the date the person recovers from illness or returns to the state if proof is presented to the court that the person was ill or absent.
(c)If a person accepts and qualifies as guardian under Subsection (b) and letters of guardianship have been issued to another person, the other person's letters shall be revoked.

Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.