reglab/housing_qa huggingface dataset:
TX Est Code § 301.201 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 301 - Application for Letters Testamentary or of Administration|Subchapter E. Prevention of Administration|Section 301.201. Method of Preventing Administration Requested by Creditor

Sec. 301.201.  METHOD OF PREVENTING ADMINISTRATION REQUESTED BY CREDITOR.  (a)  If a creditor files an application for letters of administration of an estate, another interested person who does not desire the administration can defeat the application by:(1)  paying the creditor's claim;(2)  proving to the court's satisfaction that the creditor's claim is fictitious, fraudulent, illegal, or barred by limitation; or(3)  executing a bond that is:(A)  payable to, and to be approved by, the judge in an amount that is twice the amount of the creditor's claim; and(B)  conditioned on the obligors paying the claim on the establishment of the claim by suit in any court in the county having jurisdiction of the amount.(b)  A bond executed and approved under Subsection (a)(3) must be filed with the county clerk.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 301.202 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 301 - Application for Letters Testamentary or of Administration|Subchapter E. Prevention of Administration|Section 301.202. Suit on Bond

Sec. 301.202.  SUIT ON BOND.  Any creditor for whose protection a bond is executed under Section 301.201(a)(3) may sue on the bond in the creditor's own name to recover the creditor's claim.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 301.203 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 301 - Application for Letters Testamentary or of Administration|Subchapter E. Prevention of Administration|Section 301.203. Bond Secured by Lien

Sec. 301.203.  BOND SECURED BY LIEN.  If a bond is executed and approved under Section 301.201(a)(3), a lien exists on all of the estate in the possession of the distributees, and those claiming under the distributees with notice of the lien, to secure the ultimate payment of the bond.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter A. General Provisions|Section 305.001. Definitions

Sec. 305.001.  DEFINITIONS.  In this chapter:(1)  "Bond" means a bond required by this chapter to be given by a person appointed to serve as a personal representative.(2)  "Oath" means an oath required by this chapter to be taken by a person appointed to serve as a personal representative.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter A. General Provisions|Section 305.002. Manner of Qualification of Personal Representative

Sec. 305.002.  MANNER OF QUALIFICATION OF PERSONAL REPRESENTATIVE.(a)  A personal representative, other than an executor described by Subsection (b), is considered to have qualified when the representative has:(1)  taken and filed the oath prescribed by Subchapter B;(2)  filed the required bond with the clerk; and(3)  obtained the judge's approval of the bond.(b)  An executor who is not required to give a bond is considered to have qualified when the executor has taken and filed the oath prescribed by Subchapter B.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 36, eff. January 1, 2014.|
TX Est Code § 305.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter A. General Provisions|Section 305.003. Period for Taking Oath

Sec. 305.003.  PERIOD FOR TAKING OATH.  An oath may be taken and subscribed at any time before:(1)  the 21st day after the date of the order granting letters testamentary or of administration, as applicable; or(2)  the letters testamentary or of administration, as applicable, are revoked for a failure to qualify within the period allowed.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 37, eff. January 1, 2014.|
TX Est Code § 305.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter A. General Provisions|Section 305.004. Period for Giving Bond

Sec. 305.004.  PERIOD FOR GIVING BOND.  (a)  A bond may be filed with the clerk at any time before:(1)  the 21st day after:(A)  the date of the order granting letters testamentary or of administration, as applicable; or(B)  the date of any order modifying the bond requirement; or(2)  the date letters testamentary or of administration, as applicable, are revoked for a failure to qualify within the period allowed.(b)  The court shall act promptly to review a bond filed as provided by Subsection (a) and, if acceptable, shall approve the bond.(c)  If no action has been taken by the court on the bond before the 21st day after the date the bond is filed, the person appointed personal representative may file a motion requiring the judge of the court in which the bond was filed to specify on the record the reason or reasons for the judge's failure to act on the bond. The hearing on the motion must be held before the 11th day after the date the motion is filed.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 38, eff. January 1, 2014.|
TX Est Code § 305.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter B. Oaths|Section 305.051. Oath of Executor or Administrator With Will Annexed

Sec. 305.051.  OATH OF EXECUTOR OR ADMINISTRATOR WITH WILL ANNEXED.  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 take and subscribe an oath in substantially the following form:I do solemnly swear that the writing offered for probate is the last will of ________ (insert name of testator), so far as I know or believe, and that I will well and truly perform all the duties of __________ (insert "executor of the will" or "administrator with the will annexed," as applicable) for the estate of _______ (insert name of testator).|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter B. Oaths|Section 305.052. Oath of Administrator

Sec. 305.052.  OATH OF ADMINISTRATOR.  Before the issuance of letters of administration, the person appointed as administrator shall take and subscribe an oath in substantially the following form:I do solemnly swear that ___________ (insert name of decedent), deceased, died _______ (insert "without leaving any lawful will" or "leaving a lawful will, but the executor named in the will is dead or has failed to offer the will for probate or to accept and qualify as executor, within the period required," as applicable), so far as I know or believe, and that I will well and truly perform all the duties of administrator of the estate of the deceased.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter B. Oaths|Section 305.053. Oath of Temporary Administrator

Sec. 305.053.  OATH OF TEMPORARY ADMINISTRATOR.  Before the issuance of temporary letters of administration, the person appointed as temporary administrator shall take and subscribe an oath in substantially the following form:I do solemnly swear that I will well and truly perform the duties of temporary administrator of the estate of __________ (insert name of decedent), deceased, in accordance with the law, and with the order of the court appointing me as temporary administrator.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter B. Oaths|Section 305.054. Administration of Oath

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.|
TX Est Code § 305.055 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter B. Oaths|Section 305.055. Filing and Recording of Oath

Sec. 305.055.  FILING AND RECORDING OF OATH.  An oath 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., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.012, eff. January 1, 2014.|
TX Est Code § 305.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter C. General Provisions Relating to Bonds|Section 305.101. Bond Generally Required; Exceptions

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 requirement of a bond to a person named as executor in a will probated in a court of this state if:(1)  the will directs that no bond or security be required of the person; and(2)  the court finds that the person is qualified.(c)  A bond is not required if a personal representative is a corporate fiduciary.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter C. General Provisions Relating to Bonds|Section 305.102. Bond Required From Executor Otherwise Exempt

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 justice of which the person or the person's agent or attorney has made an oath, or another person interested in the estate, whether in person or as the representative of another, may file a written complaint in the court where the will is probated.(c)  On the filing of the complaint, the court shall cite the executor to appear and show cause why the executor should not be required to give a bond.(d)  On hearing the complaint, the court shall enter an order requiring the executor to give a bond not later than the 10th day after the date of the order if it appears to the court that:(1)  the executor is wasting, mismanaging, or misapplying the estate; and(2)  as a result of conduct described by Subdivision (1):(A)  a creditor may probably lose the creditor's debt; or(B)  a person's interest in the estate may be diminished or lost.(e)  A bond required under this section must be:(1)  in an amount sufficient to protect the estate and the estate's creditors;(2)  payable to and approved by the judge; and(3)  conditioned that the executor:(A)  will well and truly administer the estate; and(B)  will not waste, mismanage, or misapply the estate.(f)  If the executor fails to give a bond required under this section on or before the 10th day after the date of the order and the judge has not extended the period for giving the bond, the judge, without citation, shall remove the executor and appoint a competent person in the executor's place who shall administer the estate according to the will and law.  Before entering into the administration of the estate, the appointed person must:(1)  take the oath required of an administrator with the will annexed under Section 305.051; and(2)  give a bond in the manner and amount provided by this chapter for the issuance of original letters of administration.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.103 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter C. General Provisions Relating to Bonds|Section 305.103. Bonds of Joint Personal Representatives

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 from all of the persons.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.104 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter C. General Provisions Relating to Bonds|Section 305.104. Bond of Married Person

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 separate estate, but does not bind the person's spouse unless the spouse signed the bond.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.105 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter C. General Provisions Relating to Bonds|Section 305.105. Bond of Married Person Under 18 Years of Age

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 of legal age.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.106 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter C. General Provisions Relating to Bonds|Section 305.106. General Formalities

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 executed and approved in accordance with this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.107 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter C. General Provisions Relating to Bonds|Section 305.107. Subscription of Bond by Principals and Sureties

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.|
TX Est Code § 305.108 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter C. General Provisions Relating to Bonds|Section 305.108. Form of Bond

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 TexasCounty of ________Know all persons by these presents that we, _______ (insert name of each principal), as principal, and _______ (insert name of each surety), as sureties, are held and firmly bound unto the judge of ____________ (insert reference to appropriate judge), and that judge's successors in office, in the sum of _____ dollars, conditioned that the above bound principal or principals, appointed as _______ (insert "executor of the will," "administrator with the will annexed of the estate," "administrator of the estate," or "temporary administrator of the estate," as applicable) of _______ (insert name of decedent), deceased, shall well and truly perform all of the duties required of the principal or principals by law under that appointment.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 26, eff. September 1, 2017.|
TX Est Code § 305.109 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter C. General Provisions Relating to Bonds|Section 305.109. Filing of Bond

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.|
TX Est Code § 305.110 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter C. General Provisions Relating to Bonds|Section 305.110. Failure to Give Bond

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 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.111 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter C. General Provisions Relating to Bonds|Section 305.111. Bond Not Void on First Recovery

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 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.151 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter D. Amount of Bond and Associated Deposits|Section 305.151. General Standard Regarding Amount of Bond

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 generally applicable to bonds of personal representatives, if the person to whom letters testamentary or of administration are granted is entitled to all of the decedent's estate after payment of debts, a bond shall be in an amount sufficient to protect creditors only.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.152 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter D. Amount of Bond and Associated Deposits|Section 305.152. Evidentiary Hearing on Amount of Bond

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, including operation of a business, factory, farm, or ranch owned by the estate, and expenses of administration for one year;(3)  the revenue anticipated to be received in the succeeding 12 months from dividends, interest, rentals, or use of property belonging to the estate and the aggregate amount of any installments or periodic payments to be collected;(4)  the estimated value of certificates of stock, bonds, notes, or other securities of the estate and the name of the depository, if any, in which those assets are deposited;(5)  the face value of life insurance or other policies payable to the person on whose estate administration is sought or to the estate;(6)  the estimated value of other personal property owned by the estate; and(7)  the estimated amount of debts due and owing by the estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|