The guardian may show the securities to the judge instead of filing a certificate or affidavit, and the judge may require more proof or an in-person exhibit.
Sec. 1163.004. METHOD OF PROOF FOR SECURITIES AND OTHER ASSETS. (a) The proof required by Section 1163.003(a)(3) must be by: (1) an official letter from the bank or other depository where the securities or other assets are held for safekeeping, and if the depository is the guardian, the official letter must be signed by a representative of the depository other than the depository verifying the annual account; (2) a certificate of an authorized representative of a corporation that is surety on the guardian's bonds; (3) a certificate of the clerk or a deputy clerk of a court of record in this state; or (4) an affidavit of any other reputable person designated by the court on request of the guardian or other interested party. (b) A certificate or affidavit described by Subsection (a) must: (1) state that the affiant has examined the assets that the guardian exhibited to the affiant as assets of the estate for which the annual account is made; (2) describe the assets by reference to the account or in another manner that sufficiently identifies the assets exhibited; and (3) state the time and the place the assets were exhibited. (c) Instead of attaching a certificate or an affidavit, the guardian may exhibit the securities to the judge of the court, who shall endorse on the annual account, or include in the judge's order with respect to the account, a statement that the securities shown to the judge as on hand were exhibited to the judge and that the securities were the same as those shown in the account, or note any variance. If the securities are exhibited at a location other than where the securities are deposited for safekeeping, that exhibit is at the guardian's own expense and risk. (d) The judge of the court may require: (1) additional evidence of the existence and custody of the securities and other personal property as the judge considers proper; and (2) the guardian at any time to exhibit the securities to the judge or another person designated by the judge at the place where the securities are held for safekeeping. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.