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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Estates Code § 1104.158: PRIMA FACIE EVIDENCE.

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Where this section sits in the code
  1. ESTATES CODE
  2. TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
  3. SUBTITLE D. CREATION OF GUARDIANSHIP
  4. CHAPTER 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN
  5. SUBCHAPTER D. WRITTEN DECLARATION BY CERTAIN PARENTS TO APPOINT GUARDIAN FOR THEIR CHILDREN

A properly executed and witnessed self-proving declaration, including a declaration and self-proving affidavit described by Section 1104.152(c), is prima facie evidence that:

(1) the declarant was competent at the time the declarant executed the declaration; and

(2) the guardian named in the declaration would serve the best interests of the ward or incapacitated person.

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

Collected 2026-08-27T01:47:08Z. Source file · JSON

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