The cost of guardianship in Texas starts at $360 in mandatory court filing fees, and a straightforward uncontested case usually runs $4,000 to $7,000 once you add an attorney, a medical certification, and a surety bond. Contested cases or those involving sizable estates routinely pass $15,000. Several of these charges renew every year for the life of the guardianship, so the long-term bill is often much larger than the setup cost.
What You’ll Pay Up Front to File
Every Texas county charges the same statewide base of $360 to open a new guardianship case: $223 in local consolidated fees and $137 in state consolidated fees.1Texas Judicial Branch. County-Level Court Civil Filing Fees Individual counties can add local optional fees on top, pushing some totals above $400. If a clerk’s office quotes you a filing fee, make sure the figure includes both the state and local components.
On top of the filing fee, you’ll pay for service of citation, which is the formal delivery of notice to every interested party, including the proposed ward’s family members. Each person served adds cost, so a case with several relatives to notify runs higher than one with a small family. If a relative can’t be located and the court orders citation by publication, newspaper advertising costs get added as well.
Texas law also requires a court investigator to review every new application and determine whether a less restrictive alternative exists.2State of Texas. Texas Estates Code – Section 1054.151 Investigation of Guardianship Application The investigator’s salary is set by the county commissioners court, so charges vary.3Texas Legislature Online. Texas Estates Code Chapter 1054 – Court Officers, Court-Appointed Persons, and Attorneys Some counties absorb the cost into general operations, and others pass a few hundred dollars along to the applicant.
Attorneys, Ad Litems, and Medical Letters
Legal representation is almost always the single largest expense. Attorneys handling guardianship matters in Texas generally charge $200 to $500 per hour depending on experience and county. An uncontested case with cooperative family members typically runs $3,000 to $5,000 in total legal fees. A contested case, where someone disputes who should serve as guardian or whether guardianship is even needed, can pass $10,000 quickly, especially with multiple hearings or expert witnesses.
The court will also appoint its own representatives, and those fees become part of your case costs. Texas law requires an attorney ad litem in every guardianship proceeding to represent the proposed ward’s expressed wishes.3Texas Legislature Online. Texas Estates Code Chapter 1054 – Court Officers, Court-Appointed Persons, and Attorneys The judge may also appoint a guardian ad litem to evaluate what would best protect the ward.4State of Texas. Texas Estates Code – Section 1054.051 Appointment of Guardian Ad Litem in Guardianship Proceeding Attorney ad litem fees typically run $1,500 to $4,000, and guardian ad litem fees generally $500 to $2,500. Both are set by the court and taxed as costs of the proceeding.
For adult guardianship, you also have to file a physician’s or advanced practice registered nurse’s letter certifying incapacity, based on an examination performed no earlier than 120 days before filing.5State of Texas. Texas Estates Code Chapter 1101 Wait too long and you’ll need a new evaluation. A basic certification exam costs $250 to $600. If the case involves complex cognitive or psychiatric issues, the court may order a full neuropsychological evaluation at $1,000 to $3,500, and an independent examiner appointed by the court can add $500 to $2,000. Medicare Part B covers cognitive assessments billed under CPT code 99483, but standard coinsurance and deductible apply, so it won’t cover the full amount.6U.S. Dept. of Health and Human Services. Cognitive Assessment and Care Plan Services Private insurance coverage for exams performed specifically for legal proceedings is inconsistent, so budget for the full cost.
The Guardian’s Bond and Why It Recurs
Most guardians of the estate must post a surety bond before the court will issue letters of guardianship. The bond amount equals the estimated value of the ward’s personal property plus anticipated revenue for the next 12 months from interest, dividends, rents, and similar sources. Social Security payments are excluded from the revenue calculation.7State of Texas. Texas Estates Code Chapter 1105
Two categories of guardians are exempt: corporate fiduciaries and guardianship programs operated by a county. A guardian of the person named in a surviving parent’s will or written declaration can also serve without bond if the document directs it. One detail catches people off guard: the court cannot waive the bond for a guardian of the estate, regardless of what a parent’s will says.7State of Texas. Texas Estates Code Chapter 1105
Your out-of-pocket cost is the annual premium paid to a surety company, and your credit score is the biggest factor. Guardians with strong credit (roughly 700 or above) usually pay 1% to 3% of the bond amount per year. Middling credit pushes that to 3% to 5%. Poor credit can mean 5% to 10% or more. On a $100,000 bond, that’s anywhere from $1,000 to $10,000 annually, and the premium renews every year the guardianship stays open. Voluntarily depositing cash or securities with the court can reduce the bond amount and lower your premium.
Ongoing Yearly Costs
Guardianship doesn’t end after the first hearing. Guardians of the estate must file an annual accounting of all income and disbursements with the county clerk, and it sits on file for at least 10 days before the judge reviews it.8State of Texas. Texas Estates Code Chapter 1163 Preparing that report—listing every receipt, every expenditure, and reconciling all balances—typically costs $500 to $2,500 per year if you hire an attorney or accountant. Handling it yourself is possible but demanding.
Guardians of the person file a separate annual report on the ward’s living conditions and well-being. Bond premiums renew annually. Missing a deadline is treated seriously: the court can remove you as guardian or hold you in contempt. Many counties also require guardians to complete training on their reporting obligations.
When the Court Appoints a Professional Guardian
When no qualified family member is available or willing, the court may appoint a professional guardian, and that guardian’s compensation is set by statute. The court can award no more than the greater of $3,000 per year or 5% of the ward’s gross income.9State of Texas. Texas Estates Code Chapter 1155 – Compensation, Expenses, and Court Costs For a ward with $40,000 in annual income, the cap is $3,000 (5% would only be $2,000, so the floor applies). For a ward with $100,000 in income, it can reach $5,000.
For wards on Medicaid, compensation is capped at $250 per month.10State of Texas. Texas Estates Code – Section 1155.202 Compensation and Costs Payable Under Medical Assistance Program These fees come out of the ward’s estate, which directly reduces funds available for care and living expenses. On a small estate, they can consume a meaningful share of what’s there.
Who Actually Pays
Most guardianship costs come out of the ward’s estate rather than the guardian’s personal funds. Texas law entitles guardians to reimbursement for necessary and reasonable expenses, including attorney fees incurred in managing the guardianship.9State of Texas. Texas Estates Code Chapter 1155 – Compensation, Expenses, and Court Costs Court costs, along with fees for the attorney ad litem and guardian ad litem, are also paid from the estate.
For wards on Medicaid with limited income, the rules are tighter. The court can allow certain guardianship costs to be deducted as an additional personal needs allowance from the ward’s applied income: up to $1,000 for costs related to establishing or terminating the guardianship, and up to $1,000 in other administrative costs during any three-year period. Anything above $1,000 requires supporting documentation and court approval.10State of Texas. Texas Estates Code – Section 1155.202 Compensation and Costs Payable Under Medical Assistance Program
When the ward’s estate is small or nonexistent, the guardian may end up absorbing costs personally.
If You Can’t Afford the Filing Costs
Under Rule 145 of the Texas Rules of Civil Procedure, anyone who cannot afford court costs can file a Statement of Inability to Afford Payment of Court Costs, sworn before a notary or signed under penalty of perjury.11Texas Judicial Branch. Court Issues Final Amendments to Rule 145 and Related Rules, With Forms Receiving benefits from a means-tested government program like Medicaid or SNAP counts as prima facie evidence of eligibility, as does being represented by a legal aid attorney.
For attorney costs, Legal Services Corporation–funded programs serve individuals at or below 125% of federal poverty guidelines—$19,950 for a single person in 2026, or $41,250 for a family of four.12eCFR. Title 45 Part 1611 – Financial Eligibility Some nonprofits extend eligibility up to 200% ($31,920 for a single person). Disability Rights Texas and local legal aid offices handle guardianship cases in certain circumstances, and some can help cover ad litem or evaluation costs.
The Texas Health and Human Services Guardianship Services Program is not general financial assistance. HHS may serve as guardian itself for adults who have been victims of abuse, neglect, or exploitation and have no one else willing and able to serve.13Texas Health and Human Services. Guardianship Referrals come through the Department of Family and Protective Services or directly from a court.
Cheaper Alternatives Worth Considering First
Texas law directs courts to explore less restrictive alternatives, and court investigators are required to evaluate them for every application. If a viable alternative exists, the court may decline to grant guardianship. Skipping this step wastes money, because the investigator will look anyway.
A supported decision-making agreement under Estates Code Chapter 1357 lets an adult with a disability designate a supporter who helps them understand options and communicate decisions, without transferring any decision-making authority.14State of Texas. Texas Estates Code Chapter 1357 – Supported Decision-Making Agreement Act It’s voluntary, requires no court involvement, and costs nothing beyond a modest drafting fee. Either party can terminate it at any time.
Powers of attorney for finances and medical powers of attorney remain useful when the person still has capacity to sign them. A management trust under Chapter 1301 of the Estates Code can handle financial matters without full guardianship. None of these fit someone who genuinely lacks capacity to make or communicate any decisions. For people who need help rather than a substitute decision-maker, they can save thousands and preserve far more autonomy.