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Texas Statutes (Last Updated: January 4, 2014) |
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ESTATES CODE |
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Title 3. GUARDIANSHIP AND RELATED PROCEDURES |
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Subtitle D. CREATION OF GUARDIANSHIP |
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Chapter 1105. QUALIFICATION OF GUARDIANS |
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Subchapter D. OTHER PROVISIONS RELATING TO BONDS OF GUARDIANS OF THE ESTATE |
Sec. 1105.157. DEPOSITS OF GUARDIAN
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(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 deposit the guardian's own cash or securities acceptable to the court with a financial institution as defined by Section 201.101, Finance Code, that has its main office or a branch office in this state.
(b) If the deposit is otherwise proper, the deposit must be in an amount or value equal to the amount of the bond required or the bond shall be reduced by the value of assets that are deposited.
(c) A depository that receives a deposit made under Subsection (a) shall issue a receipt for the deposit that:
(1) shows the amount of cash deposited or the amount and description of the securities deposited, as applicable; and
(2) states that the depository agrees to disburse or deliver the cash or securities only on receipt of a certified copy of an order of the court in which the proceeding is pending.
(d) A receipt issued by a depository under Subsection (c) must be attached to the guardian's bond and be delivered to and filed by the county clerk after the receipt is approved by the judge.
(e) The amount of cash or securities on deposit may be increased or decreased, by court order from time to time, as the interests of the guardianship require.
(f) A deposit of cash or securities made instead of a surety on the bond may be withdrawn or released only on order of a court that has jurisdiction.
(g) A creditor has the same rights against a guardian of the estate and the deposits as are provided for recovery against sureties on a bond.