reglab/statecodes huggingface dataset:
2023 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 304 - Persons Who May Serve as Personal Representatives › Section 304.002. Renouncing Right to Serve as Personal Representative

Sec. 304.002.  RENOUNCING RIGHT TO SERVE AS PERSONAL REPRESENTATIVE.  A decedent's surviving spouse, or, if there is no surviving spouse, the heirs or any one of the heirs of the decedent to the exclusion of any person not equally entitled to letters testamentary or of administration, may renounce the right to the letters in favor of another qualified person in open court or by a power of attorney authenticated and filed with the county clerk of the county where the application for the letters is filed.  After the right to the letters has been renounced, the court may grant the letters to the other qualified person.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 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 304 - Persons Who May Serve as Personal Representatives › Section 304.003. Persons Disqualified to Serve as Executor or Administrator

Sec. 304.003.  PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR.  (a)  Except as provided by Subsection (b), a person is not qualified to serve as an executor or administrator if the person is:
(1)  incapacitated;
(2)  a felon convicted under the laws of the United States or of any state of the United States unless, in accordance with law, the person has been pardoned or has had the person's civil rights restored;
(3)  a nonresident of this state who:
(A)  is a natural person or corporation; and
(B)  has not:
(i)  appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate; or
(ii)  had that appointment filed with the court;
(4)  a corporation not authorized to act as a fiduciary in this state; or
(5)  a person whom the court finds unsuitable.
(b)  A person described by Subsection (a)(2) is not disqualified from serving as an executor of a decedent's estate under Subsection (a)(2) if:
(1)  the person is named as executor in the decedent's will;
(2)  the person is otherwise qualified to serve as an executor; and
(3)  the court approves the person serving as an executor.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 19, eff. September 1, 2023.
2023 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)  "Declaration" means a written declaration that may be made and signed by a person appointed to serve as a personal representative.
(3)  "Oath" means an oath that may 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 20, eff. September 1, 2023.
2023 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 or made, signed, and filed the declaration 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 or made, signed, and filed the declaration 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.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 21, eff. September 1, 2023.
2023 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 or Making and Signing Declaration

Sec. 305.003.  PERIOD FOR TAKING OATH OR MAKING AND SIGNING DECLARATION.  An oath may be taken and subscribed or a declaration may be made and signed 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.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 22, eff. September 1, 2023.
2023 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.
2023 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 or Declarations › Section 305.051. Oath or Declaration of Executor or Administrator With Will Annexed

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 and subscribe an oath as prescribed by Subsection (b); or
(2)  make and sign a declaration as prescribed by Subsection (c).
(b)  If the person named as executor or appointed as administrator with the will annexed elects to take an oath under this section, the person 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).
(c)  If the person named as executor or appointed as administrator with the will annexed elects to make a declaration under this section, the person shall make and sign a declaration in substantially the following form:
My name is ________ (insert name of "executor of the will" or "administrator with the will annexed" as it appears on the order appointing the person as executor or administrator with the will annexed), my date of birth is ________ (insert date of birth of "executor of the will" or "administrator with the will annexed," as applicable), and my address is ________ (insert street, city, state, zip code, and country of "executor of the will" or "administrator with the will annexed," as applicable).  I declare under penalty of perjury that the writing offered for probate is the last will of ________ (insert name of testator), so far as I know or believe.  I also solemnly declare that I will well and truly perform all the duties of ________ (insert "executor of 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 24, eff. September 1, 2023.
2023 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 or Declarations › Section 305.052. Oath or Declaration of Administrator

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).
(b)  If the person appointed as administrator elects to take an oath under this section, the person 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 ________ (insert name of testator).
(c)  If the person appointed as administrator elects to make a declaration under this section, the person shall make and sign a declaration in substantially the following form:
My name is ________ (insert name of administrator as it appears on the order appointing the person as administrator), my date of birth is ________ (insert date of birth of "administrator"), and my address is ________ (insert street, city, state, zip code, and country of "administrator").  I declare under penalty of perjury 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.  I also solemnly declare that I will well and truly perform all the duties of administrator of the estate of ________ (insert name of decedent).
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 25, eff. September 1, 2023.
2023 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 or Declarations › Section 305.053. Oath or Declaration of Temporary Administrator

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 as prescribed by Subsection (c).
(b)  If the person appointed as temporary administrator elects to take an oath under this section, the person 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.
(c)  If the person appointed as temporary administrator elects to make a declaration under this section, the person shall make and sign a declaration in substantially the following form:
My name is _______ (insert name of temporary administrator as it appears on the order appointing the person as temporary administrator), my date of birth is _______ (insert date of birth of "temporary administrator"), and my address is _______ (insert street, city, state, zip code, and country of "temporary administrator").  I solemnly declare that I will well and truly perform all the duties of temporary administrator of the estate of _______ (insert name of decedent), 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 26, eff. September 1, 2023.
2023 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 or Declarations › 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.
2023 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 or Declarations › Section 305.055. Filing and Recording of Oath or Declaration

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., 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.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 27, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 Texas
County 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.