Title ES, Estates Code

Sec. 305.051. OATH OR DECLARATION OF EXECUTOR OR ADMINISTRATOR WITH WILL ANNEXED. (a) Before the issuance of letters testamentary or letters of administration with the will annexed, the person named as executor or appointed as administrator with the will annexed shall: (1) take a…

Sec. 305.052. OATH OR DECLARATION OF ADMINISTRATOR. (a) Before the issuance of letters of administration, the person appointed as administrator shall: (1) take and subscribe an oath as prescribed by Subsection (b); or (2) make and sign a declaration as prescribed by Subsection (c…

Sec. 305.053. OATH OR DECLARATION OF TEMPORARY ADMINISTRATOR. (a) Before the issuance of temporary letters of administration, the person appointed as temporary administrator shall: (1) take and subscribe an oath as prescribed by Subsection (b); or (2) make and sign a declaration …

Sec. 305.054. ADMINISTRATION OF OATH. An oath may be taken before any person authorized to administer oaths under the laws of this state. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 305.055. FILING AND RECORDING OF OATH OR DECLARATION. An oath or declaration shall be: (1) filed with the clerk of the court granting the letters testamentary or of administration, as applicable; and (2) recorded in the judge's probate docket. Added by Acts 2009, 81st Leg., …

Sec. 305.101. BOND GENERALLY REQUIRED; EXCEPTIONS. (a) Except as otherwise provided by this title, a person to whom letters testamentary or of administration will be issued must enter into a bond before issuance of the letters. (b) Letters testamentary shall be issued without the…

Sec. 305.102. BOND REQUIRED FROM EXECUTOR OTHERWISE EXEMPT. (a) This section applies only to an estate for which an executor was appointed under a will, but from whom no bond was required. (b) A person who has a debt, claim, or demand against the estate, with respect to the justi…

Sec. 305.103. BONDS OF JOINT PERSONAL REPRESENTATIVES. If two or more persons are appointed as personal representatives of an estate and are required by this chapter or by the court to give a bond, the court may require: (1) a separate bond from each person; or (2) a joint bond f…

Sec. 305.104. BOND OF MARRIED PERSON. (a) A married person appointed as a personal representative may execute a bond required by law: (1) jointly with the person's spouse; or (2) separately without the person's spouse. (b) A bond executed by a married person binds the person's se…

Sec. 305.105. BOND OF MARRIED PERSON UNDER 18 YEARS OF AGE. Any bond required to be executed by a person who is under 18 years of age, is or has been married, and accepts and qualifies as an executor or administrator is as valid and binding for all purposes as if the person were …

Sec. 305.106. GENERAL FORMALITIES. A bond required under Section 305.101(a) must: (1) be conditioned as required by law; (2) be payable to the judge and the judge's successors in office; (3) bear the written approval of the judge in the judge's official capacity; and (4) be execu…

Sec. 305.107. SUBSCRIPTION OF BOND BY PRINCIPALS AND SURETIES. A bond required under Section 305.101 shall be subscribed by both principals and sureties. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 305.108. FORM OF BOND. The following form, or a form with the same substance, may be used for the bond of a personal representative: The State of Texas County of ________ Know all persons by these presents that we, _______ (insert name of each principal), as principal, and _…

Sec. 305.109. FILING OF BOND. A bond required under Section 305.101 shall be filed with the clerk after the court approves the bond. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 305.110. FAILURE TO GIVE BOND. Another person may be appointed as personal representative to replace a personal representative who at any time fails to give a bond as required by the court in the period prescribed by this chapter. Added by Acts 2009, 81st Leg., R.S., Ch. 680…

Sec. 305.111. BOND NOT VOID ON FIRST RECOVERY. A personal representative's bond does not become void on the first recovery but may be put in suit and prosecuted from time to time until the entire amount of the bond has been recovered. Added by Acts 2009, 81st Leg., R.S., Ch. 680 …

Sec. 305.151. GENERAL STANDARD REGARDING AMOUNT OF BOND. (a) The judge shall set the amount of a bond, in an amount considered sufficient to protect the estate and the estate's creditors, as provided by this chapter. (b) Notwithstanding Subsection (a) or other provisions generall…

Sec. 305.152. EVIDENTIARY HEARING ON AMOUNT OF BOND. Before setting the amount of a bond, the court shall hear evidence and determine: (1) the amount of cash on hand and where that cash is deposited; (2) the amount of cash estimated to be needed for administrative purposes, inclu…

Sec. 305.153. SPECIFIC BOND AMOUNT. (a) Except as otherwise provided by this section, the judge shall set the bond in an amount equal to the sum of: (1) the estimated value of all personal property belonging to the estate; and (2) an additional amount to cover revenue anticipated…

Sec. 305.154. AGREEMENT REGARDING DEPOSIT OF ESTATE ASSETS. (a) A personal representative may agree with the surety or sureties on a bond, either corporate or personal, for the deposit of any cash and other estate assets in a depository described by Subsection (c), if the deposit…

Sec. 305.155. DEPOSIT OF ESTATE ASSETS ON TERMS PRESCRIBED BY COURT. (a) Cash, securities, or other personal assets of an estate or to which the estate is entitled may or, if considered by the court to be in the best interest of the estate, shall, be deposited in one or more depo…

Sec. 305.156. DEPOSITS OF PERSONAL REPRESENTATIVE. (a) Instead of giving a surety or sureties on a bond, or to reduce the amount of a bond, a personal representative may deposit the representative's own cash or securities acceptable to the court with a depository described by Sub…

Sec. 305.157. RECEIPT FOR DEPOSITS OF PERSONAL REPRESENTATIVE. (a) A depository that receives a deposit made under Section 305.156 instead of a surety or sureties on a bond shall issue a receipt for the deposit that: (1) shows the amount of cash deposited or the amount and descri…

Sec. 305.158. BOND REQUIRED INSTEAD OF DEPOSITS BY PERSONAL REPRESENTATIVE. (a) The court may on its own motion or on the written application by the personal representative or any other person interested in the estate: (1) require that an adequate bond be given instead of a depos…

Sec. 305.159. WITHDRAWAL OF DEPOSITS ON CLOSING OF ADMINISTRATION. (a) Any deposit of assets of the personal representative, the estate, or a surety that remains at the time an estate is closed shall be released by court order and paid to the person or persons entitled to the dep…

Sec. 305.160. INCREASED OR ADDITIONAL BONDS IN CERTAIN CIRCUMSTANCES. The provisions of this subchapter regarding the deposit of cash and securities govern, to the extent the provisions may be applicable, the court orders to be entered when: (1) one of the following circumstances…

Sec. 305.201. PERSONAL OR AUTHORIZED CORPORATE SURETIES. (a) The surety or sureties on a bond may be personal or authorized corporate sureties. (b) A bond with sureties who are individuals must have at least two sureties, each of whom must: (1) execute an affidavit in the manner …

Sec. 305.202. SURETIES FOR CERTAIN BONDS. (a) If the amount of a bond exceeds $50,000, the court may require that the bond be signed by: (1) at least two authorized corporate sureties; or (2) one authorized corporate surety and at least two good and sufficient personal sureties. …

Sec. 305.203. AFFIDAVIT OF PERSONAL SURETY. (a) Before a judge may consider a bond with personal sureties, each person offered as surety must execute an affidavit stating the amount by which the person's assets that are reachable by creditors exceeds the person's liabilities, and…

Sec. 305.204. LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETIES. (a) If a judge finds that the estimated value of personal property of the estate that cannot be deposited, as provided by Subchapter D, is such that personal sureties cannot be accepted without the creation of a spec…

Sec. 305.205. SUBORDINATION OF LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETIES. (a) A personal surety required to create a lien on specific real property under Section 305.204 who wishes to lease the real property for mineral development may file a written application in the cou…

Sec. 305.206. RELEASE OF LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETIES. (a) A personal surety who has given a lien under Section 305.204 may apply to the court to have the lien released. (b) The court shall order the lien released if: (1) the court is satisfied that the bond i…

Sec. 305.207. DEPOSITS BY PERSONAL SURETY. Instead of executing an affidavit under Section 305.203 or creating a lien under Section 305.204 when required, a personal surety may deposit the surety's own cash or securities instead of pledging real property as security. The deposit:…

Sec. 305.251. GROUNDS FOR REQUIRING NEW BOND. (a) A personal representative may be required to give a new bond if: (1) a surety on a bond dies, removes beyond the limits of this state, or becomes insolvent; (2) in the court's opinion: (A) the sureties on a bond are insufficient; …

Sec. 305.252. COURT ORDER OR CITATION ON NEW BOND. (a) When a judge becomes aware that a bond is in any respect insufficient or that a bond and the record of the bond have been lost or destroyed, the judge shall: (1) without delay and without notice enter an order requiring the p…

Sec. 305.253. SHOW CAUSE HEARING ON NEW BOND REQUIREMENT. (a) On the return of a citation ordering a personal representative to show cause why the representative should not be required to give a new bond, the judge shall, on the date specified for the hearing of the matter, inqui…

Sec. 305.254. EFFECT OF ORDER REQUIRING NEW BOND. (a) An order requiring a personal representative to give a new bond has the effect of suspending the representative's powers. (b) After the order is entered, the personal representative may not pay out any of the estate's money or…

Sec. 305.255. NEW BOND IN DECREASED AMOUNT. (a) A personal representative required to give a bond may at any time file with the clerk a written application requesting that the court reduce the amount of the bond. (b) On the filing of an application under Subsection (a), the clerk…

Sec. 305.256. REQUEST BY SURETY FOR NEW BOND. (a) A surety on a bond may at any time file with the clerk a petition requesting that the court in which the proceedings are pending: (1) require the personal representative to give a new bond; and (2) discharge the petitioner from al…

Sec. 305.257. DISCHARGE OF FORMER SURETIES ON EXECUTION OF NEW BOND. When a new bond has been given and approved, the court shall enter an order discharging the sureties on the former bond from all liability for the future acts of the principal on the bond. Added by Acts 2009, 81…