Texas Estates Code 1105.251 – Grounds for Requiring New Bond
(a) A guardian 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) A person interested in the guardianship may have the guardian cited to appear and show cause why the guardian should not be required to give a new bond by filing a written application with the county clerk of the county in which the guardianship proceeding is 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.
Terms Used In Texas Estates Code 1105.251
- 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 - 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.
- person interested: means :
(1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
(2) anyone interested in the welfare of an incapacitated person, including a minor. See Texas Estates Code 22.018 - Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005