The county clerk must issue citation when a guardian presents an account for final settlement, and the guardian must later file proof of service, waiver, and delivery. The ward may waive personal service in writing, and the court may allow waiver of notice or require extra notice.
Sec. 1204.105. CITATION AND NOTICE ON PRESENTATION OF ACCOUNT. (a) On presentation of an account for final settlement by a guardian of the estate of a ward, the county clerk shall issue citation to the persons and in the manner provided by this section. (b) Citation issued under Subsection (a) must contain: (1) a statement that an account for final settlement has been presented; (2) the time and place the court will consider the account; and (3) a statement requiring the person cited to appear and contest the account, if the person determines contesting the account is proper. (c) Except as provided by Subsection (d) or (e), the county clerk shall: (1) issue a citation to be personally served on a ward if: (A) the ward is 14 years of age or older; (B) the ward is a living resident of this state; and (C) the ward's residence is known; (2) issue a citation to be personally served on the executor or administrator of a deceased ward's estate, if one has been appointed; and (3) issue a citation to a ward or the ward's estate by publication, or by posting if directed by written court order, if: (A) the ward's residence is unknown; (B) the ward is not a resident of this state; or (C) the ward is deceased and no representative of the ward's estate has been appointed and has qualified in this state. (d) The ward, in person or by attorney, may waive by writing filed with the county clerk the issuance and personal service of citation required by Subsection (c)(1). (e) Service of citation is not required under Subsection (c)(2) if the executor or administrator is the same person as the guardian. (f) The court may allow the waiver of notice of an account for final settlement in a guardianship proceeding. (g) The court by written order shall require additional notice if the court considers the additional notice necessary. (h) The guardian of the estate shall file an affidavit sworn to by the guardian or a certificate signed by the guardian's attorney stating: (1) the name of each person to whom citation was served under this section, indicating the method of service; (2) the name of each person executing a waiver of citation under Subsection (d); and (3) that each person whose whereabouts are known or can be reasonably ascertained who is entitled to citation under this section was provided a copy of the account for final settlement, indicating the method of delivery for each person to whom a copy was provided. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2025, 89th Leg., R.S., Ch. 855 (S.B. 1760), Sec. 12, eff. September 1, 2025.