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Texas Statutes (Last Updated: January 4, 2014) |
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ESTATES CODE |
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Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY |
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Subtitle G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION |
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Chapter 305. QUALIFICATION OF PERSONAL REPRESENTATIVES |
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Subchapter D. AMOUNT OF BOND AND ASSOCIATED DEPOSITS |
Sec. 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 Section 305.156; or
(2) authorize withdrawal of a deposit made under Section 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.
(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(d) The personal representative's deposit under Section 305.156 may not be released or withdrawn until the court has: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.