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

Tex. Estates Code § 1161.006: RETENTION OF CERTAIN ASSETS.

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Where this section sits in the code
  1. ESTATES CODE
  2. TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
  3. SUBTITLE E. ADMINISTRATION OF GUARDIANSHIP
  4. CHAPTER 1161. INVESTMENTS AND LOANS OF ESTATES OF WARDS
  5. SUBCHAPTER A. GENERAL PROVISIONS

(a) Without court approval a guardian of the estate may retain until the first anniversary of the date of receipt any property received into the guardianship estate at the estate's inception or added to the estate by gift, devise, inheritance, mutation, or increase, without regard to diversification of investments and without liability for any depreciation or loss resulting from the retention.

(b) The guardian shall care for and manage the retained assets as a person of ordinary prudence, discretion, and intelligence would in caring for and managing the person's own affairs.

(c) On application and a hearing, the court may issue an order authorizing the guardian to continue retaining the property after the period prescribed by Subsection (a) if the retention is an element of the guardian's investment plan as provided by Subchapter B.

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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