Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
When a minor inherits property or funds through a probate estate in Texas, the law requires a court-appointed protector to safeguard the minor’s financial interests. The court can appoint either a guardian of the estate or a guardian ad litem, each serving distinct roles in managing and protecting a minor’s estate interest.
Detailed Answer
1. Guardian of the Estate Appointment
A guardian of the estate manages and controls a minor’s inherited property or funds. Under Texas Estates Code Chapter 102, the process includes:
- Filing a Petition: An interested party files a petition in the probate court where the decedent’s estate is pending. See Tex. Est. Code §102.002.
- Notifying Parties: Serve notice on the minor (through a temporary guardian ad litem if no guardian exists) and other interested parties as required by Tex. Est. Code §102.003.
- Qualifying the Guardian: The proposed guardian must be at least 18 years old, a Texas resident, and free from conflicts of interest (Tex. Est. Code §102.003).
- Bond and Hearing: At the hearing, the court assesses the guardian’s fitness and orders a bond if the minor’s estate exceeds $15,000 (Tex. Est. Code §102.004).
- Powers and Duties: Once appointed, the guardian manages investments, pays expenses, protects assets, and files annual accountings with the court (Tex. Est. Code §102.005).
2. Guardian Ad Litem Appointment
A guardian ad litem represents the minor’s best interests in legal proceedings when conflicts arise or when no other guardian is available. Courts often rely on Texas Rule of Civil Procedure 173a for guidance, even in probate matters:
- Request or Court Initiative: Any party or the court itself can request the appointment of a guardian ad litem.
- Appointment Criteria: The court selects a neutral individual—often an attorney—who has no conflicts and can advocate for the minor.
- Role and Responsibilities: The guardian ad litem investigates facts, advises the court on the minor’s best interests, and consents to or contests proposed settlements or distributions.
After a guardian ad litem completes their role—often at the conclusion of a lawsuit or settlement—the court discharges the appointment.
If you need help navigating this process, consider consulting a probate attorney to file the necessary petitions and guide you through court procedures.
Helpful Hints
- Start early: Probate courts may take several weeks to set hearings and issue orders.
- Choose carefully: Guardians handle significant assets; select someone trustworthy.
- Understand bonding: Bonds protect the minor’s assets; requirements vary by estate size.
- File annual reports: Regular accountings keep you in compliance and protect against removal.
- Resolve disputes first: Mediation can avoid the need for a guardian ad litem in contested estates.