(a) On hearing an application or motion under § 1023.003, if it appears that transfer of the guardianship is in the best interests of the ward and either the ward has resided in the county to which the guardianship is to be transferred for at least six months or good cause is not otherwise shown to deny the transfer, the court shall enter an order:
(1) authorizing the transfer on payment on behalf of the estate of all accrued costs;
(2) requiring that any existing bond of the guardian must remain in effect until a new bond has been given or a rider has been filed in accordance with § 1023.010; and
(3) certifying that the guardianship is in compliance with this code at the time of transfer.
(b) In making a determination that the transfer is in the best interests of the ward under Subsection (a), the court may consider:
(1) the interests of justice;
(2) the convenience of the parties; and
(3) the preference of the ward, if the ward is 12 years of age or older.

Terms Used In Texas Estates Code 1023.005

  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Estate: means a decedent's property, as that property:
    (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
    (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
    (3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033

(c) On receipt of an order described by Subsection (a), the county shall accept the transfer of the guardianship.

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