Excessive Fees

Probate Code

Guardians and conservators (aka guardians of the estate) are generally entitled to reasonable compensation for their work. State statutes limit the fees to a certain amount which cannot be exceeded without prior court approval.  Others just permit reasonable compensation and allow courts to interpret what constitutes excessive compensation.

The court may authorize compensation for a guardian serving as a guardian of the person alone from available funds of the ward's estate or other funds available for that purpose. The court may set the compensation in an amount not to exceed the greater of $3,000 per year or 5% of the ward's gross income. If the ward's estate is insufficient to pay for the services of a private professional guardian or a licensed attorney serving as a guardian of the person, the court may authorize compensation for that guardian if funds in the county treasury are budgeted for that purpose.

The guardian of an estate is entitled to reasonable compensation on application to the court at the time the court approves an annual or final accounting filed by the guardian under this title. A fee of five percent of the gross income of the ward's estate and five percent of all money paid out of the estate, subject to the award of an additional amount under Section 1155.006(a) following a review under Section 1155.006(a)(1), is considered reasonable under this section if the court finds that the guardian has taken care of and managed the estate in compliance with the standards of this title.

Tex. Estate Code § 1155.002 through Tex. Estate Code § 1155.003
Tex. Estate Code § 1155.006

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