Sec. 1354.001. APPOINTMENT OF RECEIVER. (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.
(c) The clerk shall enter an order issued under this section in the judge's guardianship docket.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle I - Other Special Proceedings and Substitutes for Guardianship
Chapter 1354 - Receivership for Estates of Certain Incapacitated Persons
Section 1354.001. Appointment of Receiver
Section 1354.003. Powers and Duties of Receiver
Section 1354.004. Expenditures by Receiver
Section 1354.005. Use of Excess Estate Assets
Section 1354.006. Receiver's Expenses, Account, and Compensation
Section 1354.007. Closing Receivership; Notice