Texas Estates Code

§ 305.204 — LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETIES

ES § 305.204Title 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. E. BOND SURETIES

Statute text

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(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 such that personal sureties cannot be accepted without the creation of a specific lien on real property owned by each of the sureties, the judge shall enter an order requiring each surety to:

(1)designate real property that:

(A)is owned by the surety and located in this state;

(B)is subject to execution; and

(C)has a value that exceeds all liens and unpaid taxes by an amount at least equal to the amount of the bond; and

(2)give an adequate legal description of the real property designated under 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.