Hamilton County is not a court at law; therefore, cases must be attorney-represented.
The County Judge and court staff cannot give legal advice or answer legal questions. If you need legal advice, you should consult with an attorney.
Any paper work must be submitted via E-file.
Incapacitated Person,
“Ward”
TEC §1002.030
An adult individual, who because of a physical or mental
condition, is substantially unable to provide food, clothing,
or shelter for himself or herself, to care for his/her own
physical health or to manage his/her own financial affairs
Guardian
TEC §§1104.351 & 1002.012
An adult person who is appointed as a permanent,
temporary or successor guardian who has full authority over
the incapacitated person and or estate.
Purpose of Guardianship
TEC §1001.001
To promote and protect the well-being of an incapacitated
person’s life while encouraging the development or
maintenance of maximum self-reliance and independence
in the incapacitated person.
Suitable Guardian
Tex. Estates Code §§ 1104.001-.412
- Only one person maybe appointed (One for Guardian of the Person / One for Guardian of the Estate)
- Can appoint Husband & Wife
- A person designated by the Proposed Ward
- The Proposed Ward’s spouse
- Other family members (nearest of kin)
- Private Professional Guardian (or non-relative)
BEST INTEREST OF THE PROPOSED WARD
Fees for Guardianships
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GUARDIANSHIP PROCEEDINGS:
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Local Consolidated Probate/Guardianship Filing Fee
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Local Government Code §135.102(a)(l)
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$223.00
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State Consolidated Probate/Guardianship Filing Fee
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Local Government Code §133.15l(a)(l)
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$137.00
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Total Filing Fee with Posted Citation
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$360.00
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Plus:
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Issuance of each citation
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Local Government Code §l l 8.052(3)(A)
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$8.00
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Sheriffs Fee -- Each Posted Citation
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Local Government Code §118.131
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$60.00
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Sheriffs Fee -- Each Personal or Publication Service
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Local Government Code §118.131
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$100.00
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County Judge's Fee -- Any Order Signed
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Local Government Code §118.101
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$2.00
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Guardianship JBCC Registration
https://www.txcourts.gov/jbcc/register-a-guardianship/
For all guardianships, including temporary guardianships, the guardian, the proposed guardian, or their attorney must register the guardianship information online with the JBCC at prior to any hearing. Upon registration, the JBCC will notify the applicant if they will need to obtain digital fingerprints and provide them the link below where all necessary information will be provided.
Guardianship Background
The JBCC will conduct a name and date of birth background check for the guardian of the person only and for those with guardianship estates less than $50,000 at no charge. This is only a snapshot and includes only a search of Texas records.
Estates of $50,000 or more will require a digital fingerprint background check processed by IndentoGo (https://www.identogo.com). This will include a nationwide search.
Background checks will be processed timely and an un-redacted report will be provided to the Hamilton County Clerk's Office. For temporary guardianships, background checks will be processed immediately.
For applications including those guardianship estates over $50,000.00, the applicant must register and a background check by the JBCC must be received by the County Clerk prior to the hearing. If a hearing is held prior to the receipt of the report on the background check, an Order will not be entered until the report is received.
Guardianship Training
Any person who may be appointed guardian must complete the online Guardianship Training
Certificate of Medical Examination
Reports for Guardianship
Annual Report One Guardian - Person $12.00
Annual Accounting of Guardianship- Estate $27.00
Annual Reports Fees
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ANNUAL ACCOUNT:
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County Clerk Filing Fee
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Local Government Code§ l 18.052(2)(A)(iv)
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$25.00
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County Judge's Fee -- Order Signed
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Local Government Code §118.101
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$2.00
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Total
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$27.00
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ANNUAL/FINAL REPORT OR GUARDIAN:
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County Clerk Filing Fee
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Local Government Code §l 18.052(2)(A)(vi)
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$10.00
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County Judge's Fee -- Order Signed
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Local Government Code §118.101
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$2.00
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Total
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$12.00
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You can bring the reports to the office or mail them to the following address. Please send a check if you mail them. If you bring them to the office, you can pay with a credit card, cash, or check. Hamilton County only accepts Original, wet signature documents.
Physical and Mailing Address /DIRECCIÓN:
102 N Rice Street
Suite 107
Hamilton, Texas 76531
FINAL ACCOUNT/CLOSING OF ESTATE
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FINAL ACCOUNT/CLOSING OF ESTATE:
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County Clerk Filing Fee
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Local Government Code §l 18.052(2)(A)(iv)
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$25.00
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County Clerk -- Issuance of Citation
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Local Government Code §l 18.052(3)(A)
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$8.00
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County Judge's Fee -- Order Signed
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Local Government Code §118.101
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$2.00
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Sheriff Fee -- Posting of Citation
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Local Government Code §118.131
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$60.00
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Total
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$95.00
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- A Final Report must be filed:
- when the Ward dies (include a copy of the death certificate);
- when a minor Ward turns 18 years old;
- If the Court accepts your resignation as Guardian.
Complete, sign under penalty of perjury, and submit a Final Report to the Hamilton County Clerk’s Office. Use the same Court provided form as for
the Annual Report.
Annual Report One Guardian - Person
Annual Accounting of Guardianship- Estate
Report Address Change
Report Address Change
The Court needs the current address and phone number for the Ward & the Guardian. If the you or the Ward moves, call the Hamilton County Clerks Office at 254-386-1205 to report the address change, or mail the information to:
102 N Rice Street
Suite 107
Hamilton, Texas 76531
or email : countyclerk@hamiltoncountytx.org
Letters of Guardianship
The Hamilton County Court will only renew Letters of Guardianship upon approval of the Annual Report and/or Accounting and verification that the registration requirement has been satisfied.
Other information:
Guardianship Complaint Form (Will download as a Word Document)
Bill of Rights for Person under Guardianship
Texas Guide to Guardianship