Some people may need a guardian if they are unable to make decisions, care for themselves, or manage personal or financial affairs due to a mental or physical disability.

Guardianship is a legal relationship where an individual (the guardian) is appointed by a court to make decisions and manage the personal and financial affairs of an incapacitated person (the ward). The guardian is typically responsible for ensuring the well-being and best interest of the person. In Texas, guardianship includes:

• Hiring a lawyer

• Filing an application with a court

• Attending a hearing

• Having a judge decide if a guardianship is necessary

Guardianship takes away a person’s rights. Before filing a guardianship application, other options are usually tried first, such as:

• Securing money management services or related tools to help the person manage money

• A supported decision-making agreement

• A power of attorney to help the person make decisions, including health care decisions

• Enrolling the person in available community services, including Medicaid programs

Once a guardian is appointed, it takes court action to change the guardianship.

• Suggestion of Guardianship
• Guardianship Annual Report Form 
• Proposed Order Approving Annual Report
• Guardianship Annual Account Form 
• Proposed Order Approving Annual Account 
• A Guide For The Texas Guardian 

When a person passes away, their estate (everything they owned) must be managed and distributed. Probate is the official legal process through which a court recognizes a person's death and oversees the payment of their debts and the distribution of their assets.

In Texas, probate ensures that a person’s final wishes are honored and that property is transferred legally to the correct beneficiaries or heirs. 

The process typically involves:

• Hiring a lawyer to navigate Texas Estates Code requirements.

• Filing an application with the proper probate court.

• Validating the Will (if one exists) or determining heirs (if there is no Will).

• Attending a hearing where a judge appoints an Executor or Administrator.

• Settling the estate, which includes identifying assets, notifying creditors, and paying valid debts.

Common Types of Probate in Texas

The complexity of the probate process can vary based on whether the deceased person had a Will and the total value of their assets:

• Independent Administration: The most common form in Texas, which allows the executor to act with minimal court supervision.

• Muniment of Title: A faster, simpler process used when the deceased had a Will, no unpaid debts (except for a mortgage), and the only goal is to transfer title to property.

• Small Estate Affidavit: Available only when a person dies without a Will and the value of the estate (excluding the homestead) is less than $75,000.

Once a probate case is opened, it remains under the court's jurisdiction until the judge signs an order closing the estate.

• A Guide for the Texas Independent Executor 
• A Guide for the Texas Dependent Executor 
• Hays County Small Estate Affidavit Checklist 
• Small Estate Affidavit 
• Proposed Order Approving Small Estate Affidavit 

To set a Probate or Guardianship Hearing please complete the form below.

• Hays County Probate and Guardianship Hearing Request Form 

Completed forms will need to be E-filed into the case in which the hearing is being requested for. 

All Probate / Guardianship hearings contested or uncontested will need the completed form filed before hearing dates can be provided.

Forms will be reviewed by the Staff Attorney to assure all filings are up to date within the case and all requirements are met. 

Court staff will reach out to the parties of the case with available dates and times after the form has been reviewed and approved.