Texas Estates Code

§ 305.102 — BOND REQUIRED FROM EXECUTOR OTHERWISE EXEMPT

ES § 305.102Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION · Ch. 305. QUALIFICATION OF PERSONAL REPRESENTATIVES · Art. C. GENERAL PROVISIONS RELATING TO BONDS

Statute text

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(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)A person who has a debt, claim, or demand against the estate, with respect to the justice of which the person or the person's agent or attorney has made an oath, or another person interested in the estate, whether in person or as the representative of another, may file a written complaint in the court where the will is probated.

(c)On the filing of the complaint, the court shall cite the executor to appear and show cause why the executor should not be required to give a bond.

(d)On hearing the complaint, the court shall enter an order requiring the executor to give a bond not later than the 10th day after the date of the order if it appears to the court that:

(1)the executor is wasting, mismanaging, or misapplying the estate; and

(2)as a result of conduct described by Subdivision (1):

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Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.