What is the Cost of Establishing Guardianship in Ft Worth?

A guardianship is a legal situation everyone would prefer to avoid in Ft Worth. In essence, guardianship is a probate court proceeding that seeks to appoint someone to handle legal, personal, and financial affairs for someone else who has become incapacitated. A legal relationship is established between the guardian and the ward; the probate court supervises the process to ensure the interests of the ward are respected and protected.

Many guardianship cases involve elderly individuals without adequate estate planning tools such as healthcare directives, durable powers of attorney, and trusts. In other cases, they are established to correct situations in which the attorney-in-fact, also known as the agent in the power of attorney, is performing unethically to the detriment of the principal. Guardianships can be established to stop or prevent elder abuse, give incapacitated people the care they need when they can't make such decisions, and rectify legal affairs related to estate planning.

As with other legal actions in Ft Worth, the cost of guardianships will depend on whether they are contested or litigated. There are filing fees, court costs, bond fees, and attorney payments to consider when estimating the total cost.

Initial Costs

Legal costs should be considered the minimum financial burden because executing and managing a guardianship will require other expenses that may not always come from the ward's assets or estate.

Filing Fees

These fees are payable to the probate court; in October 2024, they ranged from $244 to $407 depending on the jurisdiction. If the ward or estate reside in Denton County, the filing fee is $244.11; if the residence is Collin County, the fee is $407.44. When the ward lacks assets or the estate has been depleted, the court may waive the filing fee according to an assessment of the financial situation.

Court Costs

The court's civil procedures will determine the initial court costs. For example, the probate division in Denton County requires a posted notice beyond a citation; the sum of the costs is $162.74. In Collin County, guardianships do not require the posting of notices, so the citation cost is $84.33. Each petitioner or applicant must go through a background investigation; the same applies to the ward, and the cost for each check is $10.

Attorney Fees

How much probate law firms charge for guardianship cases will vary according to their complexity and how much work they require. Contested guardianships that result in litigation will cost considerably more.

Hourly Rate

A law firm's decision to charge by the hour for a guardianship case is made after the consultation. If the case is unavoidably contested, the attorney fees will be charged per hour, and they may range from $200 to $500 depending on the type of work performed. If the firm's paralegal handles the drafting of court documents, the hourly fee may be less than $200.

Flat Fee

Flat or fixed attorney fees are often set when the guardianship is not contested. This more affordable fee is charged separately from the court costs, and it may range from $2000 to $4000 depending on the law firm.

Additional Costs

Beyond the filing of the guardianship application, the court may issue orders to advance the case, and they will result in costs that may not always come from the ward's assets.

Evaluation Costs

If the court orders an assessment of the parties' health and mental conditions, medical and psychological evaluations must be completed, and they can run from $500 to $2,000.

Publication Costs

Denton County probate court procedures require the posting of a public notice in the Record-Chronicle. In and of itself, the publication is free, but the preparation fee charged by the courthouse is $81.37.

Bond Fees

Depending on the case, the court may order the guardian to post a bond to protect the estate or the ward's assets. Surety companies usually calculate annual bond premiums that are a fraction of the assets; for example, $500 if the estate is valued at $100,000.

Ongoing Costs

Applicants must not forget about the fiduciary and management costs involved in guardianship. There may be tax returns to file, accounting statements to issue, and plaintiff claims to handle. When law firms handle these matters, they usually charge the hourly fees mentioned above.

Total Estimated Costs

According to the Texas Guardianship Association, uncontested guardianships cost on average $3,500; however, they may be considerably higher if the case is contested by third parties or if there are outstanding claims to litigate.

The Bottom Line of Guardianship Costs in Ft Worth

The only set fees to establish guardianship in Ft Worth are promulgated by the Collin and Denton probate courts. When you add up the attorney fees, court costs, and expenses associated with litigating and managing the guardianship, the bottom line will invariably be higher.