Texas Estates Code
Sec. § 1104.052
Guardian for Minor Orphan


In appointing a guardian for a minor orphan:

(1)

if the last surviving parent did not appoint a guardian, the nearest ascendant in the direct line of the minor is entitled to guardianship of both the person and the estate of the minor;

(2)

if more than one ascendant exists in the same degree in the direct line of the minor, the court shall appoint one ascendant according to circumstances and considering the minor’s best interests;

(3)

if the minor does not have an ascendant in the direct line of the minor:

(A)

the court shall appoint the nearest of kin; or

(B)

if two or more persons are in the same degree of kinship to the minor, the court shall appoint one of those persons according to circumstances and considering the minor’s best interests; and

(4)

if the minor does not have a relative who is eligible to be guardian, or if none of the eligible persons apply to be guardian, the court shall appoint a qualified person as guardian.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
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Last accessed
Jul. 11, 2020