When you’re considering guardianship for a loved one who can no longer make decisions for themselves, one of the first questions that comes to mind is: how long will this process take? While every guardianship case is unique, understanding the typical timeline for an uncontested guardianship in Texas can help you plan and set realistic expectations.
Working with skilled Houston uncontested guardianship attorney Whitney L. Thompson can make a meaningful difference in keeping an uncontested case on track. A lawyer can help you gather the required medical evidence, prepare and file the petition correctly, ensure that all notices and forms comply with Texas court rules, and coordinate the hearing date as efficiently as possible.
If you’re ready to start the process or want a clearer estimate based on your situation, The Law Office of Whitney L. Thompson is here to help. Call (281) 214-0173 to speak with a team that can guide you through each step with confidence.
The Typical Uncontested Guardianship Timeline
In Texas, an uncontested guardianship typically takes between 30 to 90 days from the initial filing to receiving the court’s final order. However, this timeline can vary significantly based on several factors specific to your case and the county where you file.
The most streamlined uncontested cases, where all documentation is complete and accurate from the start, may be resolved in as little as four to six weeks. Cases that encounter minor complications or scheduling delays can extend beyond three months.
What “Uncontested” Really Means
Before diving into the timeline, it’s important to understand what makes a guardianship “uncontested.” An uncontested guardianship occurs when all interested parties: family members, relatives, and anyone else with standing in the matter, agree on both the need for guardianship and the proposed guardian.
This doesn’t mean the court simply rubber-stamps the application. Even in uncontested cases, Texas courts take their responsibility seriously to protect the rights of the proposed ward. The court must still verify that guardianship is necessary, that no less restrictive alternatives are available, and that the proposed guardian is qualified and suitable.
Breaking Down the Guardianship Timeline
Understanding what the guardianship timeline covers helps set realistic expectations. In an uncontested Texas guardianship, delays usually come from paperwork, medical records, notice rules, and the court’s schedule rather than disputes in court. The phases below show where time is typically spent and how a prepared case can move more smoothly in Houston-area probate courts.
Phase 1: Pre-Filing Preparation
The clock doesn’t start ticking with the court until you file your application, but the preparation phase is crucial and can significantly impact your overall timeline.
During this phase, you’ll need to:
- Obtain the Physician’s Certificate of Medical Examination (PCME). This is perhaps the most critical document in your guardianship application. A licensed Texas physician must examine the proposed ward and complete the PCME form, documenting their incapacity.
Many Houston families work with physicians at medical facilities throughout the city, from the Texas Medical Center to community clinics in areas like Bellaire, Katy, Sugar Land, and The Woodlands, to complete this examination. The examination must occur within 120 days before filing, and the certificate must detail the nature and degree of incapacity.
- Complete the Application for Guardianship. The application must include specific information about both the proposed ward and the applicant, details about why guardianship is necessary, and information about less restrictive alternatives that were considered.
- Undergo background checks and JBCC registration. The proposed guardian must register with the Judicial Branch Certification Commission and complete a criminal background check. If you’re not an attorney, certified guardian, or corporate fiduciary, you’ll also need to complete mandatory guardianship training through the JBCC and obtain a certificate of completion.
- Gather supporting documentation. This includes financial information about the proposed ward’s estate, proof of relationships, and any other relevant documents that support your application.
Working with an experienced guardianship attorney during this phase can significantly reduce preparation time and help ensure all documents are complete and accurate before filing.
Phase 2: Filing and Initial Court Actions
Once you file your application with the probate court in the county where the proposed ward resides, several things happen relatively quickly. In Houston, guardianship applications are filed at the Civil Courthouse located at 201 Caroline Street in downtown, where four specialized probate courts handle these matters exclusively. Whether your loved one resides in Pearland, Missouri City, Pasadena, or Houston’s inner loop neighborhoods like Montrose, River Oaks, or the Heights, cases are filed at this central courthouse location.
The court clerk assigns a case number and issues a citation that must be served on the proposed ward and certain family members. This service must be completed at least 16 days before any hearing can take place.
The court appoints an attorney ad litem to represent the proposed ward’s interests. This appointment is mandatory in all adult guardianship cases in Texas. The attorney ad litem’s role is not to represent the applicant, but to advocate for the proposed ward and ensure their rights are protected.
In large metropolitan areas like Houston, the court may also assign a court investigator to evaluate the circumstances alleged in the application. The investigator examines whether the proposed ward appears incapacitated, whether the applicant is qualified to serve as guardian, and whether less restrictive alternatives exist.
Phase 3: Investigation and Attorney Ad Litem Review
This phase involves crucial oversight activities designed to protect the proposed ward’s rights.
The attorney ad litem will meet with the proposed ward to explain the guardianship application, discuss their legal options, and determine their wishes regarding the guardianship. This meeting may take place at the proposed ward’s residence, whether that’s in a private home or at an assisted living facility in areas like West University Place or Memorial, or at another convenient location. Based on this meeting and their own investigation, the attorney ad litem will file a report with the court, typically including recommendations about whether guardianship is necessary and appropriate.
If a court investigator is assigned, they will conduct their own investigation, which may include interviewing the proposed ward, reviewing medical records, visiting the proposed ward’s living situation, and interviewing family members. The investigator then files a report with the court summarizing their findings.
The length of this phase depends heavily on the attorney ad litem’s and investigator’s availability and caseload. In busy metropolitan probate courts, this can add two to four weeks to your timeline.
Phase 4: Notice Requirements
Texas law mandates specific notice requirements to ensure all interested parties have an opportunity to participate or object. The proposed ward must be personally served with a citation at least 16 days before the scheduled hearing.
Additionally, notice must be provided to:
- The proposed ward’s spouse
- Any person who has care and control of the proposed ward
- Each of the proposed ward’s parents
- The proposed ward’s adult siblings
- Each of the proposed ward’s adult children
Notice can be delivered via certified mail or personal service, depending on the court’s requirements. The applicant must file proof with the court that all required parties received proper notice within the specified timeframe.
This notice period is non-negotiable and adds a minimum of 16 days to your timeline, though it often runs concurrently with the investigation phase.
Phase 5: The Guardianship Hearing
In most Texas counties, uncontested guardianship hearings are scheduled four to eight weeks after filing, assuming all documentation is complete and proper notice has been given. In Houston’s probate courts, hearing dates are typically set based on each court’s docket availability, with some courts moving cases more quickly than others, depending on their current caseload.
At the hearing, the applicant will provide testimony under oath about why guardianship is necessary and their qualifications to serve as a guardian. The attorney ad litem will question the applicant to confirm that guardianship is in the proposed ward’s best interests.
If the case is truly uncontested, the hearing itself is typically brief, often lasting 30 minutes to an hour. The judge will review all submitted documentation, including the PCME, the attorney ad litem’s report, any investigator’s report, and testimony from the hearing.
The court must find by clear and convincing evidence that the proposed ward is incapacitated and that guardianship is the least restrictive means available to protect them.
Phase 6: Court Order and Letters of Guardianship
If the judge approves the guardianship, they will sign an order officially appointing the guardian. In some cases, this happens on the day of the hearing. In other cases, particularly if the judge wants to review additional documentation or if the paperwork needs minor corrections, the order may be signed within one to two weeks after the hearing.
Once the order is signed, the newly appointed guardian must take an oath and file it with the court. If a bond is required, it must be posted before the court will issue Letters of Guardianship.
Letters of Guardianship are the official documents that prove your authority to act as a guardian. These letters are essential for managing the ward’s affairs, including handling financial matters, making medical decisions, and dealing with third parties like banks, healthcare providers, and government agencies.
| Guardianship Phase | Typical Timeframe | What Happens in This Phase |
|---|---|---|
| Phase 1: Pre-Filing Preparation | Varies — days to weeks | Collect PCME, complete application, background checks, JBCC training, gather documents |
| Phase 2: Filing & Initial Court Actions | Immediate – 1 week | File application, receive case number, citation issued and served, attorney ad litem appointed |
| Phase 3: Investigation & Review | 2–4 weeks | Attorney ad litem and possibly court investigator meet with ward, review records, file reports |
| Phase 4: Notice Requirements | Minimum 16 days | Notice must be served to all required parties before hearing |
| Phase 5: Guardianship Hearing | 4–8 weeks after filing | Hearing scheduled, applicant testifies, judge reviews reports and testimony |
| Phase 6: Order & Letters of Guardianship | Same day to 2 weeks | Judge signs order, oath filed, bond posted if needed, Letters of Guardianship issued |
Uncontested Guardianship Lawyer in Houston – Whitney L. Thompson
Whitney L. Thompson
As an uncontested guardianship lawyer in Houston, Whitney L. Thompson helps families protect loved ones who can no longer safely manage their personal or financial decisions. She is an experienced Houston estate planning attorney with a practice focused on guardianship, probate, and related family-law matters, building on experience that began at Thurgood Marshall School of Law’s wills, probate, and guardianship clinic.
Clients appreciate her calm, compassionate approach during what can be an emotional process. Her goal is to keep uncontested guardianships as smooth and efficient as possible by handling the paperwork, meeting court requirements, and clearly guiding families through each step so they can move forward with confidence. She also takes time to explain options in plain language, ensuring clients feel supported and informed from start to finish.
Factors That Can Affect Your Timeline
Even in uncontested cases, several factors can impact how quickly your guardianship is completed:
Court Backlog and Scheduling
Probate courts in Texas handle a high volume of cases. Houston’s four probate courts manage thousands of guardianship and estate matters annually, which can create longer wait times for hearing dates due to crowded dockets. Surrounding communities, including Friendswood, League City, Humble, and Spring, may have their cases filed in different county probate courts, each with varying timelines depending on caseload. The court’s availability is often the single biggest factor in determining how long your case will take.
Completeness and Accuracy of Documentation
Missing or incomplete paperwork is one of the most common causes of delays. If the PCME is missing, outdated (more than 120 days old), or incomplete, the court will not proceed. If notice is not properly served or proof of service is not submitted, the hearing will be postponed.
Working with an experienced guardianship attorney helps ensure all documentation is complete and accurate from the start, which can significantly reduce delays.
Attorney Ad Litem and Investigator Availability
The attorney ad litem and court investigator must complete their work before the hearing can proceed. If either has a heavy caseload or scheduling conflicts, this can extend your timeline. While you have limited control over this factor, being responsive when they reach out for information or to schedule meetings can help prevent unnecessary delays.
PCME Timing
Remember that the Physician’s Certificate of Medical Examination must be based on an examination conducted within 120 days before filing. If you obtain the PCME too early in your preparation process and then experience delays, the certificate may expire before your hearing, requiring a new examination.
Guardian Training and Certification
If the proposed guardian hasn’t completed JBCC registration and required training before filing, this will delay the process. The court cannot issue Letters of Guardianship until the guardian has completed all certification requirements and the JBCC has confirmed the background check has been completed.
County-Specific Procedures
Different Texas counties may have varying procedures and timelines. Some counties move more quickly through guardianship cases, while others may have additional requirements or longer processing times. Local probate courts have specific requirements for submitting documents on the uncontested docket, and each court may have slightly different preferences for document formatting and filing procedures.
How to Expedite Your Uncontested Guardianship
While you can’t control every factor, there are several steps you can take to help ensure your guardianship proceeds as quickly as possible:
- Start early with medical evaluations. Schedule the PCME examination as soon as you’ve decided to pursue guardianship, but keep the 120-day window in mind.
- Hire an experienced guardianship attorney. An attorney who regularly handles guardianships in your county will know the specific procedures, documentation requirements, and typical timelines. They can help you avoid common mistakes that cause delays.
- Complete JBCC requirements immediately. Don’t wait to register with the JBCC and complete the required training. These tasks can be done even before you file your application.
- Communicate with family members. Since you’re pursuing an uncontested guardianship, maintain open communication with family members to ensure everyone remains in agreement throughout the process.
- Respond promptly to requests. When the attorney ad litem, court investigator, or your attorney requests information or asks to schedule meetings, respond as quickly as possible.
- Prepare for the hearing. Work with your attorney to understand what will be asked at the hearing and what documentation needs to be brought. Being thoroughly prepared prevents continuances.
- Submit complete paperwork. Before filing, review all documents with your attorney to ensure nothing is missing and all information is accurate and consistent across all forms.
When Emergency Guardianship May Be Necessary
If your situation involves an immediate threat to the proposed ward’s health, safety, or property, you may need to consider emergency or temporary guardianship instead. Texas courts can grant temporary guardianship that lasts up to 60 days in emergency situations.
Emergency guardianships move much more quickly, sometimes within days, but they require showing that immediate harm will result without court intervention. These are separate proceedings from permanent guardianships and involve different filing requirements.
What Happens After Guardianship Is Granted
Once appointed, guardians have ongoing responsibilities that follow specific timelines.
Within 90 days of appointment, the guardian of the estate must file an inventory of the ward’s property with the court. Annual reports detailing the ward’s status and the management of its affairs must be filed each year. If you’re the guardian of the estate, annual accountings of all financial transactions must also be submitted.
These ongoing requirements continue for the duration of the guardianship, which typically lasts until the ward passes away or the court determines guardianship is no longer necessary.
Planning Your Next Steps
Establishing guardianship for a loved one is a meaningful responsibility that takes planning and patience. In Texas, an uncontested guardianship typically takes about 30 to 90 days, and being well-prepared, especially with experienced legal guidance, can help the process move as smoothly as possible. Keep in mind that the court’s priority is protecting the proposed ward’s rights and well-being, which is why steps like evaluations, notices, and investigations are required.
If you’re considering guardianship for a loved one in the Houston area, speaking with a knowledgeable attorney early can clarify your next steps and help you prepare with confidence. To get trusted, local guidance, contact The Law Office of Whitney L. Thompson at (281) 214-0173 to discuss your situation and learn how they can help.
