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§ 64.105.Receiver's Expenses, Account, and Compensation

Title 3. Extraordinary Remedies · Chapter 64. Receivership · Subchapter G. Receiver for Certain Missing Persons · Last amended 2017 · Last verified August 29, 2026

In one sentenceSection 64.105 requires a missing person’s receiver to report expenses by sworn statement at least every six months, covering acts, condition of the property and the danger, with guardian-scale compensation.

Full Text of § 64.105

Text sizeJump to: (a) (b) (c)

(a)All necessary expenses incurred by a receiver appointed under Section 64.001(d) for a missing person in administering the property shall be reported to the court at intervals not longer than six months in length, as required by the court, and shall be reported in an annual report filed not later than the 60th day after the end of each calendar year if the court extends the receivership in accordance with Section 64.102(e). The report shall be made to the court by a sworn statement of account, including a report of:
(1)the receiver's acts;
(2)the condition of the property;
(3)the status of the threatened danger to the property; and
(4)the progress made toward abatement of the threatened danger.
(b)If the court is satisfied that the statement is correct and reasonable in all respects, the court shall promptly by order approve the report and authorize the reimbursement of the receiver from the funds under the receiver's control.
(c)For official services rendered, the receiver is entitled to be compensated in the same manner and amount as is provided by Title 3, Estates Code, for similar services rendered by guardians of estates.
End

Plain-English Summary

The accounting requirement, and what it asks for goes well beyond money.

All necessary expenses incurred in administering the property shall be reported at intervals not longer than six months, and in an annual report filed not later than the 60th day after the end of each calendar year where the receivership has been extended.

The report is a sworn statement of account, and it must include four things.

The receiver’s acts. What was done, not only what was spent.

The condition of the property. Its state, which the absent owner cannot inspect.

The status of the threatened danger to the property and the progress made toward abatement of that danger.

Those last two are the distinctive requirements. The receivership exists because the estate was in danger of injury, loss, or waste, and the report asks whether that danger is being dealt with.

It is therefore a report on the justification for the receivership, not only on its administration. A danger that has abated means the receivership should be closing.

Reimbursement follows approval: where the court is satisfied that the statement is correct and reasonable in all respects, it shall promptly approve the report and authorize reimbursement from the funds under the receiver’s control.

The receiver is not paid until the court approves, which is what gives the reporting duty teeth.

Compensation is set by borrowing from the guardianship regimein the same manner and amount as the Estates Code provides for similar services rendered by guardians of estates.

Frequently Asked Questions

How often does a missing person’s receiver report?

At intervals no longer than six months, plus an annual report within 60 days of year end where the receivership is extended.

What must the report cover?

The receiver’s acts, the condition of the property, the status of the threatened danger, and progress toward abating it.

How is the receiver paid?

Reimbursement follows the court’s approval of the report, and compensation is set as the Estates Code provides for guardians of estates.

Amendment History

  • Added by Acts 1999, 76th Leg., ch. 1081, Sec. 5, eff. Sept. 1, 1999.
  • Amended by:
  • Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.004, eff. September 1, 2017.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source