Texas Estates Code Title 3, Chapter 1105 - Qualification Of Guardians

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1105.001 - Definitions
  In this chapter: (1) "Bond" means a bond required by this chapter to be given by a person appointed to serve as a guardian. (2)...
• Texas Section 1105.002 - Manner Of Qualification Of Guardian
  (a) Except as provided by Subsection (b), a guardian is considered to have qualified when the guardian has: (1) taken and filed the oath required...

SUBCHAPTER B OATHS

• Texas Section 1105.003 - Period For Taking Oath And Giving Bond
  (a) Except as provided by Section 1103.003, an oath may be taken and subscribed and a bond may be given and approved at any time...
• Texas Section 1105.051 - Oath Of Guardian
  (a) A guardian shall take an oath to discharge faithfully the duties of guardian for the person or estate, or both, of a ward. (b)...

SUBCHAPTER C GENERAL PROVISIONS RELATING TO BONDS

• Texas Section 1105.052 - Administration Of Oath
  An oath may be taken before any person authorized to administer oaths under the laws of this state. Added by Acts 2011, 82nd Leg., R.S.,...
• Texas Section 1105.101 - Bond Generally Required; Exceptions
  (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...
• Texas Section 1105.102 - Bond For Certain Guardians Of The Person
  (a) This section applies only to a bond required to be posted by a guardian of the person of a ward when there is no...
• Texas Section 1105.103 - Bond Required From Guardian Otherwise Exempt
  (a) This section applies only to an individual guardian of the estate from whom a bond was not required. (b) A person who has a...
• Texas Section 1105.104 - Bonds Of Joint Guardians
  If two or more persons are appointed as guardians and are required to give a bond by the court or under this title, the court...
• Texas Section 1105.105 - Bond Of Married Person
  (a) A married person appointed as guardian may jointly execute, with or without, the person's spouse, a bond required by law. (b) A bond executed...
• Texas Section 1105.106 - Bond Of Married Person Younger Than 18 Years Of Age
  A bond required to be executed by a person who is younger than 18 years of age, is or has been married, and accepts and...
• Texas Section 1105.107 - Bond Of Guardianship Program
  The judge may require a guardianship program appointed guardian under this title to file one bond that: (1) meets all the conditions required under this...
• Texas Section 1105.108 - Subscription Of Bond By Principals And Sureties
  A bond required under this title shall be subscribed by the principals and sureties. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759),...
• Texas Section 1105.109 - Form Of Bond
  The following form, or a form with the same substance, may be used for the bond of a guardian: "The State of Texas "County of...
• Texas Section 1105.110 - Filing Of Bond
  A bond required under this title shall be filed with the clerk after the court approves the bond. Added by Acts 2011, 82nd Leg., R.S.,...
• Texas Section 1105.111 - Failure To Give Bond
  Another person may be appointed as guardian to replace a guardian who fails to give the bond required by the court within the period required...

SUBCHAPTER D OTHER PROVISIONS RELATING TO BONDS OF GUARDIANS OF THE ESTATE

• Texas Section 1105.112 - Bond Not Void On First Recovery
  A guardian's bond is not void on the first recovery, but the bond may be sued on and prosecuted from time to time until the...
• Texas Section 1105.151 - General Formalities
  A bond given by a guardian of the estate must: (1) be conditioned as required by law; (2) be payable to the judge or that...
• Texas Section 1105.152 - General Standard Regarding Amount Of Bond
  (a) The judge shall set the amount of a bond for a guardian of an estate in an amount sufficient to protect the guardianship and...
• Texas Section 1105.153 - Evidentiary Hearing On Amount Of Bond
  Before setting the amount of a bond required of a guardian of an estate, the court shall hear evidence and determine: (1) the amount of...
• Texas Section 1105.154 - Specific Bond Amount
  (a) Except as otherwise provided by this section, the judge shall set the amount of a bond of a guardian of an estate in an...
• Texas Section 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...
• Texas Section 1105.156 - Deposit Of Estate Assets On Terms Prescribed By Court
  (a) Cash, securities, or other personal assets of a ward to which the ward is entitled may, or if considered by the court to be...
• Texas Section 1105.157 - Deposits Of Guardian
  (a) Instead of giving a surety or sureties on a bond, or to reduce the amount of a bond, the guardian of an estate may...
• Texas Section 1105.158 - Bond Required Instead Of Deposits
  (a) The court may on its own motion or on the written application by the guardian of an estate or any other person interested in...
• Texas Section 1105.159 - Withdrawal Of Deposits On Closing Of Guardianship
  (a) Any deposit of assets of the guardian of an estate, the guardianship, or a surety that remains at the time a guardianship is closed...
• Texas Section 1105.160 - Authorized Corporate Or Personal Sureties
  (a) The surety on a bond of a guardian of an estate may be an authorized corporate or personal surety. (b) A bond of a...
• Texas Section 1105.161 - Sureties For Certain Bonds
  (a) If the amount of the bond of a guardian of an estate exceeds $50,000, the court may require that the bond be signed by:...
• Texas Section 1105.162 - Deposits By Personal Surety
  Instead of executing an affidavit under Section 1105.201 or creating a lien under Section 1105.202 when required, a personal surety may deposit the surety's own...

SUBCHAPTER E PROVISIONS RELATING TO PERSONAL SURETIES

• Texas Section 1105.163 - Applicability Of Subchapter To Certain Court Orders
  To the extent applicable, the provisions of this subchapter relating to the deposit of cash and securities cover the orders entered by the court when:...
• Texas Section 1105.201 - Affidavit Of Personal Surety
  (a) Before a judge considers a bond with a personal surety, each personal surety must execute an affidavit stating the amount by which the surety's...
• Texas Section 1105.202 - Lien On Real Property Owned By Personal Surety
  (a) If a judge finds that the estimated value of personal property of the guardianship that cannot be deposited, as provided by Subchapter D, is...
• Texas Section 1105.203 - Subordination Of Lien On Real Property Owned By Personal Surety
  (a) A personal surety required to create a lien on specific real property under Section 1105.202 who wishes to lease the real property for mineral...

SUBCHAPTER F NEW BONDS

• Texas Section 1105.204 - Release Of Lien On Real Property Owned By Personal Sureties
  (a) A personal surety who has given a lien under Section 1105.202 may apply to the court to have the lien released. (b) The court...
• Texas Section 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...
• Texas Section 1105.252 - Court Order Or Citation On New Bond
  (a) When a judge is made aware that a bond is insufficient or that a bond and the record of the bond have been lost...
• Texas Section 1105.253 - Show Cause Hearing On New Bond Requirement
  (a) On the return of a citation ordering a guardian to show cause why the guardian should not be required to give a new bond,...
• Texas Section 1105.254 - Effect Of Order Requiring New Bond
  (a) An order requiring a guardian to give a new bond has the effect of suspending the guardian's powers. (b) After the order is entered,...
• Texas Section 1105.255 - New Bond In Decreased Amount
  (a) A guardian required to give a bond may at any time file with the clerk a written application requesting that the court reduce the...
• Texas Section 1105.256 - Request By Surety For New Bond
  (a) A surety on a guardian's bond may at any time file with the clerk a petition requesting that the court in which the proceeding...
• Texas Section 1105.257 - Discharge Of Former Sureties On Approval Of New Bond
  When a new bond has been given and approved, the judge shall enter an order discharging the sureties on the former bond from all liability...

Last modified: September 28, 2016