§ 1023.006 — TRANSFER OF RECORD.

Texas § 1023.006

• Jurisdiction: Texas
• Code ES: Estates Code

Text

Sec. 1023.006. TRANSFER OF RECORD. (a) Not later than the 10th working day after the date an order of transfer is signed under Section 1023.002 or 1023.005 , the clerk shall record any unrecorded papers of the guardianship required to be recorded. On payment of the clerk's fee, the clerk shall send, using the electronic filing system established under Section 72.031 , Government Code, to the county clerk of the county to which the guardianship was ordered transferred:
(1) a transfer certificate and certified index of transferred documents;
(2) a copy of each order;
(3) a copy of the order of transfer signed by the transferring court;
(4) a copy of the original papers filed in the transferring court, including any papers previously received on transfer from a court in another county;
(5) a copy of the transfer certificate and certified index of transferred documents from each previous transfer, if applicable; and
(6) a bill of any costs accrued in the transferring court.
(b) The clerk of the transferring court shall use the standardized transfer certificate and certified index of transferred documents form developed by the Office of Court Administration of the Texas Judicial System under Section 72.037 , Government Code, when transferring a proceeding under this section.
(c) The clerk of the transferring court shall keep a copy of the documents transferred under Subsection (a), including transferred pleadings, orders, and all other papers filed into the case record.
(d) The clerk of the court to which the proceeding is transferred shall, subject to Section 1023.005 :
(1) accept documents transferred under Subsection (a);
(2) docket the proceeding; and
(3) notify, using the electronic filing system established under Section 72.031 , Government Code, all parties, the clerk of the transferring court, and, if appropriate, the transferring court's local registry that the proceeding has been docketed.
(e) The clerk of the transferee court shall physically or electronically mark or stamp the transfer certificate and certified index of transferred documents to evidence the date and time of acceptance under Subsection (d), but may not physically or electronically mark or stamp any other document transferred under Subsection (a).
(f) The clerk of the transferring court shall send a certified copy of the order directing payments to the transferee court to:
(1) any party affected by the order and, if appropriate, to the local registry of the transferee court using the electronic filing system established under Section 72.031 , Government Code; and
(2) an employer affected by the order electronically or by first class mail.
(g) The clerks of both the transferee and transferring courts may each produce under Chapter 51 , Government Code, certified or uncertified copies of documents transferred under Subsection (a) but must include a copy of the transfer certificate and certified index of transferred documents with each document produced.
(h) Sections 80.001 and 80.002 , Government Code, do not apply to the transfer of documents under this section.

Legislative History

Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 6.015(a), eff. January 1, 2014. Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626 ), Sec. 14, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615 ), Sec. 13, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612 ), Sec. 5, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474 ), Sec. 11.005, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 855 (S.B. 1760 ), Sec. 4, eff. September 1, 2025.