Sec. 1105.101. BOND GENERALLY REQUIRED; EXCEPTIONS    


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  • (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 is not required if the guardian is:

    (1) a corporate fiduciary; or

    (2) a guardianship program operated by a county.

    (c) The court shall issue letters of guardianship of the person to a person without the requirement of a bond if:

    (1) the person is named to be appointed guardian in a will made by a surviving parent that is probated by a court in this state, or in a written declaration made by a surviving parent, and the will or declaration directs that the guardian serve without a bond; and

    (2) the court finds that the guardian is qualified.

    (d) The court may not waive the requirement of bond for the guardian of the estate of a ward, regardless of whether a surviving parent's will or written declaration directs the court to waive the bond.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 , Sec. 1.02, eff. January 1, 2014.