A guardian of the estate is the person a Texas court appoints to manage someone else’s money and property. That can mean paying a parent’s bills, collecting rent from a rental house, protecting retirement accounts from scammers, or holding a child’s inheritance until age 18. For New Braunfels and Comal County families, this role often begins after a crisis, such as discovering that a parent with memory loss has been emptying accounts for a stranger. A guardianship attorney can help you request the right powers and set up the estate so the court’s oversight goes smoothly.
When a Guardian of the Estate Is Needed
A guardian of the estate may be needed when a person who cannot manage their own finances has:
- bank or investment accounts no one else can legally access,
- real estate that needs to be sold, leased or maintained,
- income from pensions, annuities or rentals,
- an inheritance, settlement or insurance payout,
- debts, taxes or contracts that require action,
- signs of financial exploitation that need to be stopped.
If your loved one signed a valid statutory durable power of attorney before losing capacity, an agent may already have the authority needed, and a guardianship of the estate may not be required. Texas courts must find that alternatives are not feasible before creating a guardianship (Tex. Est. Code § 1101.101). See our page on powers of attorney for more.
Getting Started: Bond, Oath and Letters
A guardian of the estate cannot act until they qualify. That means:
- Taking the oath to faithfully manage the estate.
- Posting a bond in the amount the court sets. Because an estate bond is often based on the value of the ward’s liquid assets and expected income, it can be large. Most guardians buy a bond from a corporate surety company, which reviews the guardian’s credit and charges an annual premium paid from the estate.
- Receiving letters of guardianship from the clerk.
Banks, brokerages, title companies and the IRS will all ask for your letters. Order several certified copies.
Ways to manage the bond amount
The court can sometimes reduce the bond if certain assets are placed in a restricted or “safekeeping” account that cannot be withdrawn without a court order. Real estate generally cannot be sold without court approval anyway, so it may affect the bond differently than cash. We discuss these options with the court when the order is prepared.
The First 30 Days: The Inventory
Shortly after qualifying, generally within 30 days, the guardian of the estate must file a sworn inventory, appraisement and list of claims. This document lists every asset the ward owns, its value on the date the guardian qualified, and any debts owed to the ward.
Getting there usually involves:
- requesting statements from every bank, credit union and brokerage,
- getting the county appraisal district’s value or a professional appraisal for real estate,
- listing vehicles, valuables and personal property of significant value,
- identifying retirement accounts, annuities and life insurance,
- noting debts owed to the ward, such as loans to family members.
The court reviews and approves the inventory. If you find more assets later, you file an amended inventory.
Managing the Estate Day to Day
A guardian of the estate is a fiduciary, which means the law holds you to a high standard of care, loyalty and honesty. In practice:
Keep the ward’s money separate
Open a guardianship account in the ward’s name, with you as guardian. Never mix the ward’s money with your own, even temporarily. Commingling is one of the most common reasons guardians get into trouble.
Spend only on the ward, and only as allowed
The court usually sets a monthly allowance for the ward’s care and support, based on a budget you submit. Expenses outside that allowance typically need advance approval. Keep receipts for everything.
Invest prudently
Texas law limits how a guardian may invest a ward’s funds, and certain investments require court approval. Safe, conservative choices are the norm. Do not make speculative investments or loans from the ward’s estate.
Pay bills and taxes
The guardian handles the ward’s tax returns, property taxes and ongoing obligations. If the ward owns a home in New Braunfels or Canyon Lake, that may include homeowner’s insurance, maintenance and over-65 or disability property tax exemptions.
Actions That Usually Need Court Approval
| Action | Court approval generally needed? |
|---|---|
| Paying routine bills within the approved allowance | No, if covered by the budget order |
| Spending beyond the allowance | Yes |
| Selling or leasing real estate | Yes |
| Making investments outside safe options | Yes |
| Borrowing money or mortgaging property | Yes |
| Making gifts or transferring assets for benefit planning | Yes |
| Paying yourself compensation | Yes |
| Settling a lawsuit or claim for the ward | Yes |
When in doubt, ask first. A court can approve many requests quickly, but it is much harder to fix an unauthorized transaction after the fact.
Annual Accounts
Each year, the guardian of the estate files an annual account with the court. It shows what money came in, what went out, and what the estate holds at the end of the period, with supporting documentation. The court reviews the account, and if something is unclear, it may require more information or a hearing.
Our page on guardian duties and reports explains the accounting cycle and how it fits with the guardian of the person’s annual report.
Guardian of the Estate for a Minor
When a child receives money in their own name, a guardian of the estate may be appointed to manage it until the child turns 18. Parents often serve. Depending on the circumstances, the court may instead allow funds to go into the court registry or a management trust. Our guardianship of a minor page covers these options.
How This Works for New Braunfels and Comal County Families
Many New Braunfels families have seen property values rise as the area has grown, so a parent’s home may now be the largest asset in the estate. Decisions about selling a house in a fast-moving market, renting it out, or keeping it while a parent lives in memory care all involve court oversight. The guardian should work with the court on timing rather than rushing a sale.
Guardianship cases are filed where the ward lives. In Comal County, they are heard in the county court system. If the ward lives on the Guadalupe County side of New Braunfels, the case and all accountings go to Guadalupe County instead.
If financial exploitation is underway and money is disappearing now, a temporary guardianship may allow faster action while the permanent case is pending.
Talk With a New Braunfels Guardianship Attorney
Managing someone else’s money under court supervision is a serious responsibility, and a few early decisions shape everything that follows. Our team helps Comal County guardians with bonds, inventories, budgets, property sales and annual accounts. We offer a free consultation by phone, video or in person, and se habla español. Call (830) 302-4071.
Frequently Asked Questions
Can a guardian of the estate sell the ward's house?
Generally only with court approval. The guardian usually applies to the court, explains why the sale is in the ward’s best interest, and gets an order before listing or closing. The court may also review the sale terms before the deal is final.
Can I be paid for serving as guardian of the estate?
Texas law allows a guardian of the estate to request compensation, subject to the court’s approval and limits. Many family members serve without taking a fee. Any payment must be approved before you take it from the ward’s funds.
Why is the bond for a guardian of the estate so high?
The bond protects the ward if money is lost through mismanagement or misconduct, so the amount is often tied to the value of cash and other liquid assets the guardian controls. Ways to reduce it may include placing some funds in a restricted account that requires a court order to withdraw.
Can a guardian of the estate do Medicaid planning?
Sometimes, but transfers or restructuring of a ward’s assets generally require court approval, and the court looks closely at whether the plan benefits the ward. Get advice before taking any step that moves money out of the ward’s name.
What if the ward's only income is Social Security?
If the ward has no other significant assets, a representative payee appointed by Social Security may be enough, without a guardianship of the estate. The court considers that kind of alternative before appointing an estate guardian.
Last reviewed November 13, 2026. General information only, not legal advice.