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Texas guardian’s annual account

The sworn yearly account of a Texas guardian of the estate. Until the court approves it, the clerk cannot renew your letters.

By Fidura staff. Last reviewed .

Who files
The guardian of the estate
Of an incapacitated adult or of a minor.
When it’s due
60 days after the first anniversary of qualifying, then yearly
Est. Code §§1163.001(a), 1163.002 (opens in a new tab)
Where
The county clerk of the court that appointed you
It stays on file 10 days before the judge considers it. §1163.051 (opens in a new tab)
The form
No statewide form
Each county sets its own, such as Harris’s I-02-26 (PDF) (opens in a new tab)

A late account can cost you your letters, a fine of up to $1,000, or both. §1163.151 (opens in a new tab)

What you need

The account is a written exhibit under oath. It lists every claim presented against the estate during the year and what became of it. It gives all receipts and disbursements by source and nature, with principal and income receipts listed apart. It describes the property, its condition and use, and any rent it earns. §1163.001 (opens in a new tab)

It also shows the cash on hand and each bank that holds it, and property found since the inventory. For stocks and bonds, give the issuer, dates, rate and identifying numbers. §1163.001(b)–(c) (opens in a new tab)

Attach a voucher for each payment and an official letter from each bank showing what is on deposit. Add each bank’s statement covering the period’s last day, proof you hold any securities, and a bill of sale for personal property sold. §1163.003 (opens in a new tab)

The example follows Rufus Delgado, an invented adult ward. His guardian qualified and got letters on 05/12/2025. His first account covers 05/12/2025 to 05/12/2026, and it was due 07/11/2026.

Last balance plus receipts, less disbursements, is cash on hand

The account must let anyone find the estate’s true condition. Start from the balances forwarded, add what came in, and subtract what went out. §1163.002(b) (opens in a new tab) Harris County’s form prints that check as its recapitulation of cash. A first account has no earlier account to forward from, so this example starts from the cash on the inventory.

Rufus Delgado, invented ward · Recapitulation of cash
Balance of cash on hand, from the inventory$26,818.62
Total receipts during the year25,402.40
Total$52,221.02
Total disbursements during the year24,163.55
Total cash now on hand$28,057.47

Where the figures came from

Income receipts
Pension, $1,845.00 × 12$22,140.00
Savings interest318.40
Stock dividends184.00
Income$22,642.40
Principal receipts
Sale of stock, 40 shares at $69.00$2,760.00
Principal$2,760.00
Disbursements
Assisted living, $1,650.00 × 1219,800.00
Pharmacy1,127.35
County property taxes1,486.20
Attorney’s fees, by court order1,500.00
Bond premium250.00
Disbursements$24,163.55
Cash now on hand
Checking5,239.07
Savings22,818.40
On hand$28,057.47

The inventory showed $4,318.62 in checking and $22,500.00 in savings. The interest stayed in savings. Every other receipt and payment went through checking.

The sale

Rufus’s inventory listed 100 shares of stock at $62.00 each. With a court order, his guardian sold 40 for $2,760.00. §1158.001 (opens in a new tab) The whole price is a principal receipt, apart from income. Harris’s form lists sales under receipts the same way.

Harris’s summary of property then lists the house at $185,000.00, the 60 shares left at $3,720.00, and the cash. The form does not say which value to use. This example keeps the inventory’s; ask your court if it wants current values.

Your letters and your fee

Letters expire one year and four months after they issue. The clerk renews them only after the court approves your account. §§1106.002–.003 (opens in a new tab) Rufus’s letters expire 09/12/2026. If the court has not approved his account by then, the clerk cannot renew them, and banks may refuse expired letters.

You may apply for your fee when the court approves the account. Five percent of the estate’s gross income plus five percent of all money paid out is presumed reasonable, if you managed the estate properly. §1155.003 (opens in a new tab)

After you file

The court cannot approve the account until you prove you hold the cash and securities it lists. If the judge disapproves it, the order sets a time for a new one, no more than 30 days. §1163.051 (opens in a new tab)

If the VA pays benefits to the ward, mail a certified copy of the account to the VA office within five days of filing. §1151.301 (opens in a new tab)

Common mistakes

Counting from the order

The year runs from the day you qualified, not the day the judge signed the order. You qualify when your oath is filed and your bond is approved and filed, up to 20 days after the order. §§1105.002–.003 (opens in a new tab)

An affidavit missing the tax line

Swear that the next bond premium is paid and every tax return is filed. Give each tax paid with its amount, date and the government it went to. If a return or tax is outstanding, attach the reason. §1163.005 (opens in a new tab)

No bank letter

Without one, you have not proved the cash is there. Harris’s form includes a bank certificate for this. §§1163.003, 1163.051(c) (opens in a new tab)

Bexar County treats each later account as due 60 days after each anniversary of qualifying. Bexar instructions (PDF) (opens in a new tab) If the estate’s income is negligible or fixed, the court may waive annual accounts until the estate closes. §1163.006 (opens in a new tab)

The final account

When the guardianship of the estate must be settled, file a verified account for final settlement. That happens at the ward’s death, when a minor turns 18, marries or is emancipated, or on restoration, among other events (Est. Code §1204.001 (opens in a new tab)). No day count is set, but the court may cite you to file it.

It covers the whole term, not one year. It shows what came in and where it went, unpaid debts, property on hand, bond premiums paid, and the tax returns and taxes. The court audits and settles it. Once you prove the property was delivered, an order discharges you and cancels your letters (Est. Code §§1204.102–.152 (opens in a new tab)).

Sources

Also for Texas: Inventory, Appraisement, and List of Claims

We make Fidura, guardianship accounting software built on a reconciled register for each ward. See the product

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