Texas Estates Code 305.101 – Bond Generally Required; Exceptions
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(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.
Terms Used In Texas Estates Code 305.101
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031
(c) A bond is not required if a personal representative is a corporate fiduciary.