Texas Estates Code 1105.101 – Bond Generally Required; Exceptions
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(a) Except as provided by this section, a guardian of the person or the estate of a ward shall give a bond.
(b) A bond is not required if the guardian is:
(1) a corporate fiduciary; or
(2) a guardianship program operated by a county.
Terms Used In Texas Estates Code 1105.101
- 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 - 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 - Fiduciary: A trustee, executor, or administrator.
- 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: includes a natural person and a corporation. See Texas Estates Code 22.027
- 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) The court shall issue letters of guardianship of the person to a person without the requirement of a bond if:
(1) the person is named to be appointed guardian in a will made by a surviving parent that is probated by a court in this state, or in a written declaration made by a surviving parent, and the will or declaration directs that the guardian serve without a bond; and
(2) the court finds that the guardian is qualified.
(d) The court may not waive the requirement of bond for the guardian of the estate of a ward, regardless of whether a surviving parent’s will or written declaration directs the court to waive the bond.