Texas Estates Code Title 2, Chapter 305 - Qualification Of Personal Representatives

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 305.001 - Definitions
  In this chapter: (1) "Bond" means a bond required by this chapter to be given by a person appointed to serve as a personal representative....
• Texas Section 305.002 - Manner Of Qualification Of Personal Representative
  (a) A personal representative, other than an executor described by Subsection (b), is considered to have qualified when the representative has: (1) taken and filed...
• Texas Section 305.003 - Period For Taking Oath
  An oath may be taken and subscribed at any time before: (1) the 21st day after the date of the order granting letters testamentary or...

SUBCHAPTER B OATHS

• Texas Section 305.004 - Period For Giving Bond
  (a) A bond may be filed with the clerk at any time before: (1) the 21st day after: (A) the date of the order granting...
• Texas Section 305.051 - Oath Of Executor Or Administrator With Will Annexed
  Before the issuance of letters testamentary or letters of administration with the will annexed, the person named as executor or appointed as administrator with the...
• Texas Section 305.052 - Oath Of Administrator
  Before the issuance of letters of administration, the person appointed as administrator shall take and subscribe an oath in substantially the following form: I do...
• Texas Section 305.053 - Oath Of Temporary Administrator
  Before the issuance of temporary letters of administration, the person appointed as temporary administrator shall take and subscribe an oath in substantially the following form:...
• Texas Section 305.054 - Administration Of Oath
  An oath may be taken before any person authorized to administer oaths under the laws of this state. Added by Acts 2009, 81st Leg., R.S.,...

SUBCHAPTER C GENERAL PROVISIONS RELATING TO BONDS

• Texas Section 305.055 - Filing And Recording Of Oath
  An oath shall be: (1) filed with the clerk of the court granting the letters testamentary or of administration, as applicable; and (2) recorded in...
• Texas Section 305.101 - Bond Generally Required; Exceptions
  (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...
• Texas Section 305.102 - Bond Required From Executor Otherwise Exempt
  (a) This section applies only to an estate for which an executor was appointed under a will, but from whom no bond was required. (b)...
• Texas Section 305.103 - Bonds Of Joint Personal Representatives
  If two or more persons are appointed as personal representatives of an estate and are required by this chapter or by the court to give...
• Texas Section 305.104 - Bond Of Married Person
  (a) A married person appointed as a personal representative may execute a bond required by law: (1) jointly with the person's spouse; or (2) separately...
• Texas Section 305.105 - Bond Of Married Person Under 18 Years Of Age
  Any bond required to be executed by a person who is under 18 years of age, is or has been married, and accepts and qualifies...
• Texas Section 305.106 - General Formalities
  A bond required under Section 305.101(a) must: (1) be conditioned as required by law; (2) be payable to the judge and the judge's successors in...
• Texas Section 305.107 - Subscription Of Bond By Principals And Sureties
  A bond required under Section 305.101 shall be subscribed by both principals and sureties. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502),...
• Texas Section 305.108 - Form Of Bond
  The following form, or a form with the same substance, may be used for the bond of a personal representative: The State of Texas County...
• Texas Section 305.109 - Filing Of Bond
  A bond required under Section 305.101 shall be filed with the clerk after the court approves the bond. Added by Acts 2009, 81st Leg., R.S.,...
• Texas Section 305.110 - Failure To Give Bond
  Another person may be appointed as personal representative to replace a personal representative who at any time fails to give a bond as required by...

SUBCHAPTER D AMOUNT OF BOND AND ASSOCIATED DEPOSITS

• Texas Section 305.111 - Bond Not Void On First Recovery
  A personal representative's bond does not become void on the first recovery but may be put in suit and prosecuted from time to time until...
• Texas Section 305.151 - General Standard Regarding Amount Of Bond
  (a) The judge shall set the amount of a bond, in an amount considered sufficient to protect the estate and the estate's creditors, as provided...
• Texas Section 305.152 - Evidentiary Hearing On Amount Of Bond
  Before setting the amount of a bond, the court shall hear evidence and determine: (1) the amount of cash on hand and where that cash...
• Texas Section 305.153 - Specific Bond Amount
  (a) Except as otherwise provided by this section, the judge shall set the bond in an amount equal to the sum of: (1) the estimated...
• Texas Section 305.154 - Agreement Regarding Deposit Of Estate Assets
  (a) A personal representative may agree with the surety or sureties on a bond, either corporate or personal, for the deposit of any cash and...
• Texas Section 305.155 - Deposit Of Estate Assets On Terms Prescribed By Court
  (a) Cash, securities, or other personal assets of an estate or to which the estate is entitled may or, if considered by the court to...
• Texas Section 305.156 - Deposits Of Personal Representative
  (a) Instead of giving a surety or sureties on a bond, or to reduce the amount of a bond, a personal representative may deposit the...
• Texas Section 305.157 - Receipt For Deposits Of Personal Representative
  (a) A depository that receives a deposit made under Section 305.156 instead of a surety or sureties on a bond shall issue a receipt for...
• Texas Section 305.158 - Bond Required Instead Of Deposits By Personal Representative
  (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:...
• Texas Section 305.159 - Withdrawal Of Deposits On Closing Of Administration
  (a) Any deposit of assets of the personal representative, the estate, or a surety that remains at the time an estate is closed shall be...

SUBCHAPTER E BOND SURETIES

• Texas Section 305.160 - Increased Or Additional Bonds In Certain Circumstances
  The provisions of this subchapter regarding the deposit of cash and securities govern, to the extent the provisions may be applicable, the court orders to...
• Texas Section 305.201 - Personal Or Authorized Corporate Sureties
  (a) The surety or sureties on a bond may be personal or authorized corporate sureties. (b) A bond with sureties who are individuals must have...
• Texas Section 305.202 - Sureties For Certain Bonds
  (a) If the amount of a bond exceeds $50,000, the court may require that the bond be signed by: (1) at least two authorized corporate...
• Texas Section 305.203 - Affidavit Of Personal Surety
  (a) Before a judge may consider a bond with personal sureties, each person offered as surety must execute an affidavit stating the amount by which...
• Texas Section 305.204 - Lien On Real Property Owned By Personal Sureties
  (a) If a judge finds that the estimated value of personal property of the estate that cannot be deposited, as provided by Subchapter D, is...
• Texas Section 305.205 - Subordination Of Lien On Real Property Owned By Personal Sureties
  (a) A personal surety required to create a lien on specific real property under Section 305.204 who wishes to lease the real property for mineral...
• Texas Section 305.206 - Release Of Lien On Real Property Owned By Personal Sureties
  (a) A personal surety who has given a lien under Section 305.204 may apply to the court to have the lien released. (b) The court...

SUBCHAPTER F NEW BONDS

• Texas Section 305.207 - Deposits By Personal Surety
  Instead of executing an affidavit under Section 305.203 or creating a lien under Section 305.204 when required, a personal surety may deposit the surety's own...
• Texas Section 305.251 - Grounds For Requiring New Bond
  (a) A personal representative may be required to give a new bond if: (1) a surety on a bond dies, removes beyond the limits of...
• Texas Section 305.252 - Court Order Or Citation On New Bond
  (a) When a judge becomes aware that a bond is in any respect insufficient or that a bond and the record of the bond have...
• Texas Section 305.253 - Show Cause Hearing On New Bond Requirement
  (a) On the return of a citation ordering a personal representative to show cause why the representative should not be required to give a new...
• Texas Section 305.254 - Effect Of Order Requiring New Bond
  (a) An order requiring a personal representative to give a new bond has the effect of suspending the representative's powers. (b) After the order is...
• Texas Section 305.255 - New Bond In Decreased Amount
  (a) A personal representative required to give a bond may at any time file with the clerk a written application requesting that the court reduce...
• Texas Section 305.256 - Request By Surety For New Bond
  (a) A surety on a bond may at any time file with the clerk a petition requesting that the court in which the proceedings are...
• Texas Section 305.257 - Discharge Of Former Sureties On Execution Of New Bond
  When a new bond has been given and approved, the court shall enter an order discharging the sureties on the former bond from all liability...

Last modified: September 28, 2016