reglab/housing_qa huggingface dataset:
TX Est Code § 305.153 (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 305.153. Specific Bond Amount

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 to be derived during the succeeding 12 months from:(A)  interest and dividends;(B)  collectible claims;(C)  the aggregate amount of any installments or periodic payments, excluding income derived or to be derived from federal social security payments; and(D)  rentals for the use of property.(b)  The judge shall reduce the amount of the original bond under Subsection (a) in proportion to the amount of cash or the value of securities or other assets:(1)  authorized or required to be deposited by court order; or(2)  voluntarily deposited by the personal representative or the sureties on the representative's bond, as provided by Sections 305.155 and 305.156.(c)  A bond required to be given by a temporary administrator shall be in the amount that the judge directs.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.154 (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 305.154. Agreement Regarding Deposit of Estate Assets

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 is otherwise proper, in a manner that prevents the withdrawal of the cash or other assets without:(1)  the written consent of the surety or sureties; or(2)  a court order entered after notice to the surety or sureties as directed by the court.(b)  The court may require the action described by Subsection (a) if the court considers that action to be in the best interest of the estate.(c)  Cash and assets must be deposited under this section in a financial institution, as defined by Section 201.101, Finance Code, that:(1)  has its main office or a branch office in this state; and(2)  is qualified to act as a depository in this state under the laws of this state or the United States.(d)  An agreement under this section may not release the principal or sureties from liability, or change the liability of the principal or sureties, as established by the terms 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 § 305.155 (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 305.155. Deposit of Estate Assets on Terms Prescribed by Court

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 depositories described by Section 305.154(c) on terms prescribed by the court.(b)  The court in which the proceedings are pending may authorize or require additional estate assets currently on hand or that accrue during the pendency of the proceedings to be deposited as provided by Subsection (a) on:(1)  the court's own motion; or(2)  the written application of the personal representative or any other person interested in the estate.(c)  The amount of the bond required to be given by the personal representative shall be reduced in proportion to the amount of the cash and the value of the securities or other assets deposited under this section.(d)  Cash, securities, or other assets deposited under this section may be withdrawn in whole or in part from the depository only in accordance with a court order, and the amount of the personal representative's bond shall be increased in proportion to the amount of the cash and the value of the securities or other assets authorized to be withdrawn.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.156 (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 305.156. Deposits of Personal Representative

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 Subsection (b), if the deposit is otherwise proper.(b)  Cash or securities must be deposited under this section in:(1)  a depository described by Section 305.154(c); or(2)  any other corporate depository approved by the court.(c)  A deposit may be in an amount or value equal to the amount of the bond required or in a lesser amount or value, in which case the amount of the bond is reduced by the amount or value of the deposit.(d)  The amount of cash or securities on deposit may be increased or decreased, by court order from time to time, as the interest of the estate requires.(e)  A deposit of cash or securities made instead of a surety or sureties on a bond may be withdrawn or released only on order of a court having jurisdiction.(f)  A creditor has the same rights against a personal representative and deposits made under this section as are provided for recovery against sureties on a bond.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.157 (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 305.157. Receipt for Deposits of Personal Representative

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 description of the securities deposited, as applicable; and(2)  states that the depository agrees to disburse or deliver the cash or securities only on receipt of a certified copy of an order of the court in which the proceedings are pending.(b)  A receipt issued by a depository under Subsection (a) shall be attached to the personal representative's bond and be delivered to and filed by the county clerk after approval by the judge.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.158 (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 305.158. Bond Required Instead of Deposits by Personal Representative

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 deposit under Section 305.156; or(2)  authorize withdrawal of a deposit made under Section 305.156 and substitution of a bond with sureties.(b)  Not later than the 20th day after the date of entry of the court's motion or the date the personal representative is personally served with notice of the filing of an application by another person interested in the estate, the representative shall file a sworn statement showing the condition of the estate.(c)  A personal representative who fails to comply with Subsection (b) is subject to removal as in other cases.(d)  The personal representative's deposit under Section 305.156 may not be released or withdrawn until the court has:(1)  been satisfied as to the condition of the estate;(2)  determined the amount of the bond; and(3)  received and approved the bond.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.159 (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 305.159. Withdrawal of Deposits on Closing of Administration

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 deposit.(b)  Except as provided by Subsection (c), a writ of attachment or garnishment does not lie against a deposit described by Subsection (a).(c)  A writ of attachment or garnishment may lie against a deposit described by Subsection (a) as to a claim of a creditor of the estate being administered or a person interested in the estate, including a distributee or ward, to the extent the court has ordered distribution.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.160 (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 305.160. Increased or Additional Bonds in Certain Circumstances

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 occurs:(A)  estate property has been authorized to be sold or rented;(B)  money has been borrowed on estate property; or(C)  real property, or an interest in real property, has been authorized to be leased for mineral development or subjected to unitization; and(2)  the general bond has been found to be insufficient.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.201 (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 305 - Qualification of Personal Representatives|Subchapter E. Bond Sureties|Section 305.201. Personal or Authorized Corporate Sureties

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 provided by this subchapter; and(2)  own property in this state, excluding property exempt by law, that the judge is satisfied is sufficient to qualify the person as a surety as required by law.(c)  A bond with an authorized corporate surety is only required to have one surety, except as provided by law.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.202 (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 305 - Qualification of Personal Representatives|Subchapter E. Bond Sureties|Section 305.202. Sureties for Certain Bonds

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.(b)  The estate shall pay the cost of a bond with corporate sureties.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.203 (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 305 - Qualification of Personal Representatives|Subchapter E. Bond Sureties|Section 305.203. Affidavit of Personal Surety

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 each affidavit must be presented to the judge for consideration.(b)  The total worth of the personal sureties on a bond must equal at least twice the amount of the bond.(c)  An affidavit presented to and approved by the judge under this section shall be attached to and form part 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 § 305.204 (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 E. Bond Sureties|Section 305.204. Lien on Real Property Owned by Personal Sureties

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 specific lien on real property owned by each of the sureties, the judge shall enter an order requiring each surety to:(1)  designate real property that:(A)  is owned by the surety and located in this state;(B)  is subject to execution; and(C)  has a value that exceeds all liens and unpaid taxes by an amount at least equal to the amount of the bond; and(2)  give an adequate legal description of the real property designated under Subdivision (1).(b)  The surety shall incorporate the information required in the order under Subsection (a) in an affidavit.  Following approval by the judge, the affidavit shall be attached to and form part of the bond.(c)  A lien arises as security for the performance of the obligation of the bond only on the real property designated in the affidavit.(d)  Before letters testamentary or of administration are issued to the personal representative whose bond includes an affidavit under this section, the court clerk shall mail a statement to the office of the county clerk of each county in which any real property designated in the affidavit is located.  The statement must be signed by the court clerk and include:(1)  a sufficient description of the real property located in that county;(2)  the names of the principal and sureties on the bond;(3)  the amount of the bond; and(4)  the name of the estate and court in which the bond is given.(e)  Each county clerk who receives a statement required by Subsection (d) shall record the statement in the county deed records.  Each recorded statement shall be indexed in a manner that permits the convenient determination of the existence and character of the liens described in the statements.(f)  The recording and indexing required by Subsection (e) constitutes constructive notice to all persons regarding the existence of the lien on real property located in the county, effective as of the date of the indexing.(g)  If each personal surety subject to a court order under this section does not comply with the order, the judge may require that the bond be signed by:(1)  an authorized corporate surety; or(2)  an authorized corporate surety and at least two personal sureties.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.205 (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 E. Bond Sureties|Section 305.205. Subordination of Lien on Real Property Owned by Personal Sureties

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 court in which the proceedings are pending requesting subordination of the lien to the proposed lease.(b)  The judge may enter an order granting the application.(c)  A certified copy of the order, filed and recorded in the deed records of the proper county, is sufficient to subordinate the lien to the rights of a lessee under the proposed lease.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.206 (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 E. Bond Sureties|Section 305.206. Release of Lien on Real Property Owned by Personal Sureties

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 is sufficient without the lien; or(2)  sufficient other real or personal property of the surety is substituted on the same terms required for the lien that is to be released.(c)  If the personal surety does not offer a lien on other substituted property under Subsection (b)(2) and the court is not satisfied that the bond is sufficient without the substitution of other property, the court shall order the personal representative to appear and give a new bond.(d)  A certified copy of the court's order releasing the lien and describing the property that was subject to the lien has the effect of cancelling the lien if the order is filed with the county clerk of the county in which the property is located and recorded in the deed records of that county.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.207 (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 E. Bond Sureties|Section 305.207. Deposits by Personal Surety

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:(1)  must be made in the same manner a personal representative deposits the representative's own cash or securities; and(2)  is subject, to the extent applicable, to the provisions governing the same type of deposits made by personal representatives.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.251 (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 F. New Bonds|Section 305.251. Grounds for Requiring New Bond

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; or(B)  a bond is defective;(3)  the amount of a bond is insufficient;(4)  a surety on a bond petitions the court to be discharged from future liability on the bond; or(5)  a bond and the record of the bond have been lost or destroyed.(b)  Any person interested in the estate may have the personal representative cited to appear and show cause why the representative should not be required to give a new bond by filing a written application with the county clerk of the county in which the probate proceedings are pending.  The application must allege that:(1)  the bond is insufficient or defective; or(2)  the bond and the record of the bond have been lost or destroyed.|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. 8.013, eff. January 1, 2014.|
TX Est Code § 305.252 (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 F. New Bonds|Section 305.252. Court Order or Citation on New Bond

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 personal representative to give a new bond; or(2)  without delay have the representative cited to show cause why the representative should not be required to give a new bond.(b)  An order entered under Subsection (a)(1) must state:(1)  the reasons for requiring a new bond;(2)  the amount of the new bond; and(3)  the period within which the new bond must be given, which may not be earlier than the 10th day after the date of the order.(c)  A personal representative who opposes an order entered under Subsection (a)(1) may demand a hearing on the order.  The hearing must be held before the expiration of the period within which the new bond must be given.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|