Tex. Estates Code § 1353.004
This is the official text of Tex. Estates Code § 1353.004, 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.
§ 1353.004. APPOINTMENT OF GUARDIAN OF THE ESTATE UNDER CERTAIN CIRCUMSTANCES.
Official statutory text
(a) This section applies only if:
(1) a spouse who is not incapacitated is removed as community administrator; or
(2) the court finds that the spouse who is not incapacitated:
(A) would be disqualified to serve as guardian under Subchapter H, Chapter 1104; or
(B) is not suitable to serve as the community administrator for any other reason.
(b) The court shall appoint a guardian of the estate for the incapacitated spouse if the court:
(1) has not appointed a guardian of the estate under Section 1353.003(a); or
(2) has appointed the spouse who is not incapacitated as the guardian of the estate under Section 1353.003(a).
(c) After considering the financial circumstances of the spouses and any other relevant factors, the court may order the spouse who is not incapacitated to deliver to the guardian of the estate of the incapacitated spouse not more than one-half of the community property that is subject to the spouses' joint management, control, and disposition under Section 3.102, Family Code.
(c-1) If the court finds that the ward's spouse fails to comply with an order described by Subsection (c), the court may, after notice and a hearing, order any third party or entity in possession to deliver to the incapacitated spouse's guardian of the estate the community property described by Subsection (c).
(d) The court shall authorize the guardian of the estate of the incapacitated spouse to administer:
(1) any separate property of the incapacitated spouse;
(2) any community property that is subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code;
(3) any community property delivered to the guardian of the estate under Subsection (c); and
(4) any income earned on property described by this section.
(e) Community property administered by a guardian of the estate under Subsection (d) is considered the incapacitated spouse's community property, subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code.
(1) a spouse who is not incapacitated is removed as community administrator; or
(2) the court finds that the spouse who is not incapacitated:
(A) would be disqualified to serve as guardian under Subchapter H, Chapter 1104; or
(B) is not suitable to serve as the community administrator for any other reason.
(b) The court shall appoint a guardian of the estate for the incapacitated spouse if the court:
(1) has not appointed a guardian of the estate under Section 1353.003(a); or
(2) has appointed the spouse who is not incapacitated as the guardian of the estate under Section 1353.003(a).
(c) After considering the financial circumstances of the spouses and any other relevant factors, the court may order the spouse who is not incapacitated to deliver to the guardian of the estate of the incapacitated spouse not more than one-half of the community property that is subject to the spouses' joint management, control, and disposition under Section 3.102, Family Code.
(c-1) If the court finds that the ward's spouse fails to comply with an order described by Subsection (c), the court may, after notice and a hearing, order any third party or entity in possession to deliver to the incapacitated spouse's guardian of the estate the community property described by Subsection (c).
(d) The court shall authorize the guardian of the estate of the incapacitated spouse to administer:
(1) any separate property of the incapacitated spouse;
(2) any community property that is subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code;
(3) any community property delivered to the guardian of the estate under Subsection (c); and
(4) any income earned on property described by this section.
(e) Community property administered by a guardian of the estate under Subsection (d) is considered the incapacitated spouse's community property, subject to the incapacitated spouse's sole management, control, and disposition under Section 3.102, Family Code.
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.