(a) A judge of a probate court in the county in which an incapacitated person resides or in which the incapacitated person’s endangered estate is located shall, with or without application, enter an order appointing a suitable person as receiver to take charge of the estate if:
(1) it appears that all or part of the estate of the incapacitated person is in danger of injury, loss, or waste and in need of a guardianship or other representative;
(2) there is no guardian of the estate who is qualified in this state; and
(3) a guardian is not needed.
(b) The court order must specify the duties and powers of the receiver the judge considers necessary for the protection, conservation, and preservation of the estate.

Terms Used In Texas Estates Code 1354.001

  • 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.
  • Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise probate jurisdiction; or
    (3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Probate: Proving a will

(c) The clerk shall enter an order issued under this section in the judge’s guardianship docket.

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