GroundRules
Tex. Estates Code § 1352.104: HEARING; REQUIREMENTS TO MORTGAGE MINOR WARD'S INTEREST.
Where this section sits in the code
- ESTATES CODE
- TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
- SUBTITLE I. OTHER SPECIAL PROCEEDINGS AND SUBSTITUTES FOR GUARDIANSHIP
- CHAPTER 1352. MORTGAGE OF MINOR'S INTEREST IN RESIDENCE HOMESTEAD
- SUBCHAPTER C. MORTGAGE OF MINOR WARD'S INTEREST WITHOUT GUARDIANSHIP OF THE ESTATE
(a) On receipt of an application under this subchapter, the court shall set the application for hearing on a date not earlier than the fifth day after the date the application is filed.
(b) The court may cause citation to be issued if the court considers citation necessary.
(c) The procedures and evidentiary requirements for a hearing of an application filed under this subchapter are the same as the procedures and evidentiary requirements for a hearing of an application filed under Subchapter B.
(d) At the time of the hearing, the court, on approval of the surety bond required by Section 1352.105, shall authorize the guardian to receive the extension of credit sought in the application if the court is satisfied from a preponderance of the evidence that the encumbrance is:
(1) for a purpose described by Section 1352.106(1) or (2); and
(2) in the minor ward's best interests.
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