Texas Estates Code 1105.155 – Agreement Regarding Deposit of Estate Assets
(a) If the court considers it to be in the best interests of the ward, the court may require the guardian of the estate and the corporate or personal sureties on the guardian’s bond to agree to deposit cash and other assets of the guardianship estate in a depository described by Subsection (b). If the depository is otherwise proper, the court may require the deposit to be made in a manner so as to prevent the withdrawal of the money or other assets in the guardianship estate without the written consent of the surety or on court order made after notice to the surety.
(b) Cash and assets must be deposited under this section in a financial institution as defined by § 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.
Terms Used In Texas Estates Code 1105.155
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) An agreement made by a guardian and the sureties on the guardian’s bond under this section does 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.