How long can a temporary guardianship last in Texas?

A Texas temporary guardianship granted for immediate necessity may not remain in effect for more than 60 days. The hearing on the temporary guardianship application must be held not later than the 10th day after it is filed, though the proposed ward may agree to postpone it for up to 30 days. A longer temporary guardianship is available only under the separate procedure for a pending contest of the guardianship application (Tex. Est. Code sections 1251.006, 1251.151, 1251.052).

Does a Texas guardianship of a minor end the parents' parental rights?

No. A Texas guardianship is a court order that manages the child's care or property; it does not terminate parental rights. Ending the parent-child relationship happens only in a separate proceeding under Texas Family Code chapter 161, and a parent may ask the court to end the guardianship.

Is there an official statewide form for a Texas guardianship of a minor application?

No. Texas has no statewide, court-promulgated application form for a minor guardianship. Each county's probate or county court publishes its own local application, and that county's form controls where one exists.

Who must be given notice of a Texas guardianship of a minor application?

Personal service of notice and citation is required on the proposed ward if the child is 12 or older; on the parents if their whereabouts are known or can reasonably be ascertained; on any court-appointed conservator or person having control of the child's care and welfare; on the proposed ward's spouse if known; and on the person named in the application to be guardian, if not the applicant. The applicant must also send notice to other people listed in section 1051.104, such as adult siblings and any guardian designated in a will or written declaration. The court may not act on the application earlier than the Monday following the end of the 10-day period that begins when service is made (Tex. Est. Code sections 1051.103, 1051.104, 1051.106).

Does a 12-year-old have to consent to a Texas guardianship?

No statute requires a 12-year-old's affirmative consent to the initial guardianship appointment. Turning 12 instead triggers a requirement that the proposed ward be personally served with notice and citation of the application (Tex. Est. Code section 1051.103).

Is a bond required for a guardian of a minor in Texas?

Yes, by default, for both a guardian of the person and a guardian of the estate. A person-only bond can be waived if a surviving parent's will or written declaration directs it and the court finds the guardian qualified, but the bond for a guardian of the estate can never be waived, regardless of any parental direction (Tex. Est. Code section 1105.101).

What training or background check does a Texas guardian of a minor need?

Every proposed guardian must complete a pre-appointment training course before the court may appoint them, unless the court waives it, covering guardian duties, alternatives, and the ward's rights. The county clerk separately obtains criminal history record information from the Department of Public Safety or the FBI on each proposed guardian other than an attorney or a certified guardian (Tex. Est. Code sections 1104.003, 1104.402; Tex. Gov't Code section 155.204).

Do I need a lawyer to file a Texas guardianship of a minor application?

The court appoints an attorney ad litem for the proposed ward in every application, the applicant must complete pre-appointment training unless the court waives it, the county clerk obtains the applicant's criminal history unless the applicant is an attorney or a certified guardian, and no statewide form exists to guide the application. Given these steps, attorney review is available before you file.

What if a child is in danger right now in Texas?

If a child faces abuse, neglect, or immediate danger, contact the Texas Department of Family and Protective Services or local law enforcement, and consider the protective order process. A guardianship application by itself is not an emergency safety intervention.

Is a Texas guardianship the right process for a custody dispute between parents?

No. A dispute between a child's own parents over custody, conservatorship, or possession is handled through a custody or parenting-time process, not through a guardianship application.

Texas Guardianship of a Minor Petition

Texas files this as an Application, not a petition, in a court with probate jurisdiction, requires proposed guardians to complete training unless the court waives it, has the county clerk obtain their criminal history, and sets no statewide court form.

Find out where you stand in Texas

Where are you with the guardianship?

DocDraft provides document preparation, not legal advice.

Introduction

In Texas, a relative or other adult who wants to become a minor's guardian files an Application for Appointment of Guardian of the Person and/or Estate of a Minor, not a petition, in a court exercising probate jurisdiction: the statutory probate court where a county has one, which then has exclusive jurisdiction, or otherwise a statutory county court at law with probate jurisdiction together with the constitutional county court, or the constitutional county court alone (Tex. Est. Code sections 1022.001, 1022.002, 1101.001). Texas has no statewide, court-promulgated application form; each county's probate or county court sets its own local form, and that form controls where one exists. For an urgent situation, a court may appoint a temporary guardian on substantial evidence of incapacity and probable cause that immediate appointment is needed; a temporary guardianship for immediate necessity may not remain in effect for more than 60 days, except as extended under the separate procedure for a pending contest of the application (Tex. Est. Code sections 1251.001, 1251.006, 1251.151, 1251.052). A guardianship does not terminate the parents' parental rights, and the court appoints based on the child's best interest. Attorney review is available before you file.

Key Things to Know

1
Texas guardianship of a minor is filed as an Application for Appointment of Guardian of the Person and/or Estate of a Minor, not a petition, in a court with probate jurisdiction: the statutory probate court if the county has one, which then has exclusive jurisdiction, or otherwise a statutory county court at law with probate jurisdiction and the constitutional county court, or the constitutional county court alone (Tex. Est. Code sections 1022.001, 1022.002). Texas has no statewide court-promulgated application form; the county's probate or county court sets its own form.
2
Guardianship does not terminate the parents' parental rights. Ending the parent-child relationship happens only in a separate proceeding under Texas Family Code chapter 161, and a parent may later ask the court to end the guardianship.
3
A temporary guardianship for immediate necessity may not remain in effect for more than 60 days, unless it is extended under the separate procedure for a pending contest of the application; the hearing on the temporary guardianship application must be held not later than the 10th day after it is filed, unless the proposed ward agrees to postpone it for up to 30 days (Tex. Est. Code sections 1251.151, 1251.052, 1251.006).
4
Personal service of notice and citation is required on the proposed ward if the child is 12 or older, and on the parents if their whereabouts are known or can reasonably be ascertained; the court may not act on the application earlier than the Monday following the end of the 10-day period that begins when service is made (Tex. Est. Code sections 1051.103, 1051.106).
5
Every proposed guardian must complete a pre-appointment training course before the court may appoint them, unless the court waives it, and the county clerk independently obtains criminal history record information from the Department of Public Safety or the FBI on each proposed guardian other than an attorney or a certified guardian. The court also appoints an attorney ad litem for the proposed ward in every application, and may separately appoint a guardian ad litem (Tex. Est. Code sections 1104.003, 1104.402, 1054.001, 1054.051; Tex. Gov't Code section 155.204).
6
A bond is required by default for a guardian of the person and for a guardian of the estate. A person-only bond can be waived if a surviving parent's will or written declaration directs it and the court finds the guardian qualified, but the estate bond can never be waived, regardless of any parental direction (Tex. Est. Code section 1105.101).
7
A parent may instead sign a notarized Authorization Agreement for Nonparent Adult Caregiver with the adult caregiver without going to court, for a renewable six-month term, or seek a court-supervised Temporary Authorization for Care of a Minor Child, which does not establish guardianship or custody (Tex. Fam. Code chapters 34, 35).

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Texas, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

Open the Guardianship of a Minor Petition guide

Customize your Guardianship of a Minor Petition Template with DocDraft

CAUSE NO. [CAUSE NUMBER]

IN THE MATTER OF THE GUARDIANSHIP OF [CHILD'S FULL NAME], A MINOR

IN THE [PROBATE OR COUNTY] COURT [COUNTY] COUNTY, TEXAS

APPLICATION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND/OR ESTATE OF A MINOR

TO THE HONORABLE COURT:

[APPLICANT NAME], Applicant, respectfully shows the court the following.

APPLICANT Applicant resides at [APPLICANT ADDRESS] and is the minor's [RELATIONSHIP TO THE MINOR, FOR EXAMPLE GRANDPARENT, ADULT SIBLING, OR OTHER ADULT]. Applicant requests appointment as guardian of [THE PERSON, THE ESTATE, OR BOTH THE PERSON AND THE ESTATE] of the minor named below.
THE MINOR [CHILD'S FULL NAME], born [DATE OF BIRTH], currently resides at [CHILD'S CURRENT ADDRESS]. The minor is [AGE] years old.
PARENTS The minor's parents are [MOTHER'S FULL NAME], residing at [MOTHER'S ADDRESS OR LAST KNOWN WHEREABOUTS], and [FATHER'S FULL NAME], residing at [FATHER'S ADDRESS OR LAST KNOWN WHEREABOUTS]. The status of each parent is as follows: [WHETHER EACH PARENT IS LIVING, WHETHER EACH PARENT CONSENTS TO THIS APPOINTMENT, AND ANY GUARDIAN DESIGNATED BY A PARENT'S WILL OR WRITTEN DECLARATION UNDER TEXAS ESTATES CODE SECTION 1104.053].
SIBLINGS AND RELATIVES The minor's siblings are [NAMES AND ADDRESSES OF SIBLINGS]. The minor's relatives within the third degree by consanguinity known to Applicant are [NAMES, RELATIONSHIPS, AND ADDRESSES].
NECESSITY FOR GUARDIANSHIP A guardianship is necessary because [DESCRIPTION OF WHY THE PARENTS CANNOT CARE FOR THE MINOR AND WHY GUARDIANSHIP IS NEEDED]. Alternatives to guardianship and available supports and services were considered, and Applicant states: [DESCRIPTION OF ALTERNATIVES CONSIDERED AND WHY GUARDIANSHIP REMAINS NECESSARY].
QUALIFICATIONS OF PROPOSED GUARDIAN Applicant understands that the county clerk will obtain criminal history record information relating to Applicant as provided by Texas Estates Code section 1104.402. Applicant [HAS COMPLETED OR HAS NOT YET COMPLETED] the guardian training required under Texas Government Code section 155.204.
PROPERTY OF THE MINOR [DESCRIPTION OF THE MINOR'S PROPERTY AND ITS ESTIMATED VALUE].
BOND Applicant [REQUESTS THAT BOND BE SET UNDER TEXAS ESTATES CODE SECTIONS 1105.101 AND 1105.154, OR REQUESTS WAIVER OF THE BOND FOR THE GUARDIAN OF THE PERSON ONLY UNDER SECTION 1105.101(c)]. Applicant understands that bond for a guardian of the estate cannot be waived.
TEMPORARY GUARDIANSHIP Applicant [REQUESTS OR DOES NOT REQUEST] appointment as temporary guardian under Texas Estates Code chapter 1251 due to immediate necessity, pending a hearing on this application.
RELIEF REQUESTED Applicant requests that the court appoint Applicant guardian of [THE PERSON, THE ESTATE, OR BOTH] of the minor named above, set bond as the court finds appropriate, and grant such other relief as the court deems proper.

VERIFICATION

STATE OF TEXAS COUNTY OF [COUNTY]

Before me, the undersigned notary, personally appeared [APPLICANT NAME], who, being duly sworn, stated that the facts stated in this application are true and correct within Applicant's knowledge.

[SIGNATURE] [APPLICANT NAME] [ADDRESS] [CITY, TEXAS ZIP] [PHONE] [EMAIL]

Sworn to and subscribed before me on [DATE].

[NOTARY SIGNATURE] Notary Public, State of Texas

Texas Requirements for Guardianship of a Minor Petition

Filed as an Application, Not a Petition
Texas guardianship of a minor filings are called an Application for Appointment of Guardian of the Person and/or Estate of a Minor, not a petition (Tex. Est. Code section 1101.001).
Probate Jurisdiction Sets the Court
The application is filed in the statutory probate court where a county has one, which then has exclusive jurisdiction; otherwise in a statutory county court at law with probate jurisdiction and the constitutional county court, or the constitutional county court alone (Tex. Est. Code sections 1022.001, 1022.002).
No Statewide Application Form
Texas has no statewide, court-promulgated guardianship-of-a-minor application form. Each county's probate or county court sets its own local form, and that form controls where one exists.
60-Day Cap on Emergency Temporary Guardianship
A temporary guardianship granted for immediate necessity may not remain in effect for more than 60 days, except as extended under the separate procedure for a pending contest of the application (Tex. Est. Code sections 1251.151, 1251.052).
Personal Service on a Proposed Ward Age 12 or Older
Personal service of notice and citation is required on the proposed ward if the child is 12 or older, and on the parents if their whereabouts are known or can reasonably be ascertained; the court may not act earlier than the Monday following the end of the 10-day period that begins when service is made (Tex. Est. Code sections 1051.103, 1051.106).
Mandatory Pre-Appointment Guardian Training
A court may not appoint an individual as guardian who has not completed the training required under Texas Government Code section 155.204, unless the court waives it (Tex. Est. Code section 1104.003).
Clerk-Run Criminal History Check
The county clerk, not the applicant, obtains criminal history record information from the Department of Public Safety or the FBI on each proposed guardian other than an attorney or a certified guardian (Tex. Est. Code section 1104.402).
Mandatory Attorney Ad Litem for the Proposed Ward
The court appoints an attorney ad litem to represent the proposed ward's interests in every guardianship application; a guardian ad litem may separately be appointed at the court's discretion (Tex. Est. Code sections 1054.001, 1054.051).
Bond Required by Default, Estate Bond Never Waivable
A bond is required by default for both a guardian of the person and a guardian of the estate. A person-only bond can be waived by a surviving parent's will or written declaration if the court finds the guardian qualified, but the estate bond can never be waived (Tex. Est. Code section 1105.101).

Find out where you stand in Texas

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Texas Requirements for Guardianship of a Minor Petition

Filed as an Application, Not a Petition

Probate Jurisdiction Sets the Court

No Statewide Application Form

60-Day Cap on Emergency Temporary Guardianship

Personal Service on a Proposed Ward Age 12 or Older

Mandatory Pre-Appointment Guardian Training

Clerk-Run Criminal History Check

Mandatory Attorney Ad Litem for the Proposed Ward

Bond Required by Default, Estate Bond Never Waivable

Frequently Asked Questions