TX estate risk
Guardianship risk in Texas
How courts appoint guardians for minors when no plan is in place.
Texas treats parents as natural guardians and gives priority to parental nominees, while allowing minors age 12 or older to select a guardian subject to court approval.
At a glance
Key takeaways
- If parents live together, both are natural guardians; the court appoints the better-qualified parent for the child's estate if needed.
- A surviving parent is the natural guardian and is entitled to appointment of the child's estate guardian.
- A surviving parent may appoint a guardian by will or written declaration, and the court gives the nominee priority unless disqualified or not in the child's best interest.
- A minor age 12 or older may select a guardian with court approval.
Questions to consider
Questions to consider in Texas
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Texas treats parents as natural guardians and gives priority to parental nominees, while allowing minors age 12 or older to select a guardian subject to court approval.
- If parents live together, both are natural guardians; the court appoints the better-qualified parent for the child's estate if needed.
- A surviving parent is the natural guardian and is entitled to appointment of the child's estate guardian.
- A surviving parent may appoint a guardian by will or written declaration, and the court gives the nominee priority unless disqualified or not in the child's best interest.
- A minor age 12 or older may select a guardian with court approval.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
Sources
- https://texas.public.law/statutes/tex._est._code_section_1104.051
- https://texas.public.law/statutes/tex._est._code_section_1104.053
- https://texas.public.law/statutes/tex._est._code_section_1104.054
Background sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Texas.
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