Texas Estates Code 305.158 – Bond Required Instead of Deposits by Personal Representative
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(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 § 305.156; or
(2) authorize withdrawal of a deposit made under § 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.
Terms Used In Texas Estates Code 305.158
- 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 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- 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 - 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 - sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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 § 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.