Tex. Estates Code § 1161.105
This is the official text of Tex. Estates Code § 1161.105, part of Texas’s Estates Code — governs wills, probate, and estate administration.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 1161.105. CONTINUATION OF PREEXISTING POLICIES OR ANNUITIES.
Official statutory text
(a) A life, term, or endowment insurance policy or an annuity contract owned by the ward when a proceeding for the appointment of a guardian of the estate is commenced may be continued in full effect if it is shown that:
(1) the company issuing the policy or contract is an authorized life insurance company; or
(2) the policy or contract is administered by the Department of Veterans Affairs.
(b) All future premiums for an insurance policy or annuity contract described by Subsection (a) may be paid out of surplus funds of the ward's estate.
(c) The guardian of the estate must apply to the court for an order to:
(1) continue the policy, the contract, or both according to the existing terms of the policy or contract; or
(2) modify the policy or contract to fit any new developments affecting the ward's welfare.
(d) Before the court grants an application filed under Subsection (c), the guardian must file a report in the court that shows in detail the financial condition of the ward's estate on the date the application is filed.
(1) the company issuing the policy or contract is an authorized life insurance company; or
(2) the policy or contract is administered by the Department of Veterans Affairs.
(b) All future premiums for an insurance policy or annuity contract described by Subsection (a) may be paid out of surplus funds of the ward's estate.
(c) The guardian of the estate must apply to the court for an order to:
(1) continue the policy, the contract, or both according to the existing terms of the policy or contract; or
(2) modify the policy or contract to fit any new developments affecting the ward's welfare.
(d) Before the court grants an application filed under Subsection (c), the guardian must file a report in the court that shows in detail the financial condition of the ward's estate on the date the application is filed.
Status: in_force · Read it on the official government site
Dealing with a probate matter in Texas?
See all Texas Probate lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.