Texas-statutory document
Declaration of Guardian for Minor Children
Tex. Est. Code § 1104.153
Choose who raises your children if you can't.
A parent's written designation of the guardian for their minor children, executed in advance of need. Texas courts give priority to a parent's written designation under § 1104.153; without one, a court chooses without your input. Distinct from a will-based guardian nomination — this document operates independently and stands on its own.
What's included
- Declaration of Guardian for Minor Children (Tex. Est. Code § 1104.153)
- Primary and alternate guardian designations
- Disqualification clause for people you specifically do not want named
- Provisions for guardian-of-the-person and guardian-of-the-estate (can be the same person or different)
- Witness-and-notary execution instructions
- Coordinates with your will's guardian nomination if you have one
Every parent of minor children — single, married, divorced, or widowed.
Custody disputes with the child's other parent, contested guardianship matters, or estates with significant property the guardian will manage on the child's behalf (consider a testamentary trust instead — those route to Continuum Counsel).
Why TexasEstates
What you actually get for the price.
Every column below is a real thing your document either has or doesn't. The Texas Estates Code doesn't care what the marketing said — it cares whether the document holds up at probate.
| Feature | TexasEstates Fixed-fee attorney service | Online template $39–$249 typical | DIY form Free |
|---|---|---|---|
| Attorney-drafted for Texas | yes | template only | no |
| Self-proving affidavit (Tex. Est. Code § 251.104) | yes | sometimes | no |
| Texas Estates Code compliance | yes | generic 50-state | no |
| Fixed fee, no hourly billing | yes | yes (subscription) | n/a |
| One-business-day drafting | yes | instant download | n/a |
| Attorney review before delivery | yes | no | no |
| Held in IOLTA until services rendered | yes | no | n/a |
| Refund earn-out at each milestone | yes | no | n/a |
| Complex-matter routing (blended, trusts, business) | yes | no — sold anyway | no |
Category comparisons based on publicly-available information from major online legal-form vendors as of Feb 2026. Individual products in each category may vary.
LONE STAR ★ COUNSEL Advisory
When the form stops fitting,
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TexasEstates is for clean, common situations. For Trusts, blended families, business succession, professionals, tax-driven structures and contested matters, our advisory practice at LONE STAR ★ COUNSEL takes the matter directly.