Texas § 1104.053 GUARDIAN DESIGNATED BY WILL OR WRITTEN DECLARATION.

Texas Statutes

§ 1104.053 — GUARDIAN DESIGNATED BY WILL OR WRITTEN DECLARATION.

Texas § 1104.053

Code ESEstates Code

This text of Texas § 1104.053 (GUARDIAN DESIGNATED BY WILL OR WRITTEN DECLARATION.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Estates Code Code Ann. § 1104.053 (2026).

Text

Sec. 1104.053. GUARDIAN DESIGNATED BY WILL OR WRITTEN DECLARATION.

(a)Notwithstanding Section 1104.001 or 1104.051 , the surviving parent of a minor may by will or written declaration appoint any eligible person to be guardian of the person of the parent's minor children after the parent dies or in the event of the parent's incapacity.

(b)After the surviving parent of a minor dies or if the court finds the surviving parent is an incapacitated person, the court shall appoint the person designated in the will or declaration to serve as guardian of the person of the parent's minor children in preference to another otherwise entitled to serve as guardian under this title, unless the court finds that the person designated to serve as guardian:

(1)is disqualified;

(2)is deceased;

(3)refuses

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Sec. 1104.053. GUARDIAN DESIGNATED BY WILL OR WRITTEN DECLARATION. (a) Notwithstanding Section 1104.001 or 1104.051 , the surviving parent of a minor may by will or written declaration appoint any eligible person to be guardian of the person of the parent's minor children after the parent dies or in the event of the parent's incapacity.
(b) After the surviving parent of a minor dies or if the court finds the surviving parent is an incapacitated person, the court shall appoint the person designated in the will or declaration to serve as guardian of the person of the parent's minor children in preference to another otherwise entitled to serve as guardian under this title, unless the court finds that the person designated to serve as guardian:
(1) is disqualified;
(2) is deceased;
(3) refuses to serve; or
(4) would not serve the minor children's best interests.
(c) On compliance with this title, an eligible person is also entitled to be appointed guardian of the minor children's estates after the surviving parent dies or in the event of the surviving parent's incapacity.