Executor and Personal-Representative Bond Requirements in Texas

Short answer Texas generally requires a personal representative to file a judge-approved bond before letters, but a qualified executor named in a Texas-probated will serves without bond when the will directs no bond or security, and a corporate fiduciary is exempt. Certain distributee-created independent administrations permit a court waiver, while a creditor or interested person can obtain bond from a previously unbonded executor only after the statutory complaint and risk findings. The ordinary amount is personal property plus anticipated 12-month revenue, reduced for restricted deposits; personal or corporate sureties and substitute deposits are available, and an ordered new bond suspends nonpreservation powers until approval.
State
Texas
Statute checked
August 29, 2026
Sources
18 statutes

At a glance

Governing law and default bond ruleTexas Estates Code Chapter 305 makes bond the default before letters testamentary or administration. Exceptions: qualified named executor whose Texas-probated will directs no bond/security, and a corporate fiduciary. Independent administration under § 401.005 has a separate waiver route (§§ 305.101, 401.005)
Covered representative and proceedingOrdinary dependent executor, administrator, and administrator with will annexed; Chapter 305 also covers joint and successor representatives. Section 401.005 separately governs independent executors created by distributee agreement. Temporary, public, ancillary, guardian, trustee, and other bonds remain outside scope (§§ 305.001-.103, 401.005)
Will waiver and limitsTexas-probated will may direct no bond or security for its named executor; court must still find the person qualified. The exception does not state a will-waiver route for an administrator and does not prevent later risk-based bond under § 305.102. Corporate fiduciary needs no bond (§§ 305.101-.102)
Beneficiary, heir, or distributee waiverFor an independent administration created under §§ 401.002-.003, court may waive bond on application. If will lacks no-bond language, all distributees may agree in the probate application or separate consents; waiver is denied if court finds it contrary to estate's best interest. Sole post-debt entitlement reduces ordinary bond to creditor protection, not automatic zero (§§ 305.151, 401.005)
Demand and court discretionSworn creditor or other interested person may complain against an otherwise unbonded executor; after citation/hearing, court must require bond within 10 days if waste, mismanagement, or misapplication probably threatens debt or estate interest. Interested person may seek a new bond that is insufficient, defective, lost, or destroyed; judge may order or cite without delay (§§ 305.102, .251-.253)
Amount, property base, and reductionJudge sets sufficient protection for estate/creditors; sole post-debt taker needs creditor-only coverage. Ordinary amount = estimated personal property + next 12 months' interest, dividends, collectible claims, installments/periodic payments excluding Social Security, and rentals. Court-ordered or voluntary deposits reduce amount proportionally (§§ 305.151, .153, .155-.156)
Surety, collateral, deposits, and corporate exceptionsAt least two personal sureties with adequate nonexempt Texas property, or ordinarily one authorized corporate surety; personal sureties' total reachable net worth must be at least 2× bond. Over $50,000, court may require two corporate sureties or one corporate plus two personal; estate pays corporate-bond cost. Representative or personal surety may substitute court-accepted cash/securities; restricted estate deposits also reduce bond (§§ 305.155-.156, .201-.203, .207)
Nonresident and special qualification rulesChapter 305 states no nonresident-specific bond rule; its express exceptions turn on a Texas-probated will's direction and corporate-fiduciary status. Joint representatives may give separate or joint bond. Independent-executor bond under § 401.005 may use a judge-approved adequate bond or one authorized corporate surety (§§ 305.101, .103, 401.005)
Filing timing, letters, suspension, removal, and lapseRequired bond, filing, and judge approval are part of qualification before letters. Bond may be filed before day 21 after appointment or bond modification, or before revocation for qualification failure. Risk-based bond for an unbonded executor is due by day 10 absent extension, with mandatory removal on default. A new-bond order suspends all but preservation powers until approved (§§ 305.002, .004, .102, .252-.254)

Requirements one by one

Bond is the default, with named statutory exceptions

Texas Estates Code § 305.101 generally requires bond before letters testamentary or administration. A qualified executor named in a will probated in a Texas court receives letters without bond when the will directs that no bond or security is required. A corporate fiduciary also needs no bond.

For an independent administration created through distributee agreement, § 401.005 supplies a separate rule. Bond remains the baseline unless the probate court grants an application to waive it. If the will contains no no- bond direction, all distributees may agree in the probate application or separate consent documents, but the court does not waive if it finds waiver would not be in the estate's best interest.

Creditors and interested persons have targeted security routes

Under § 305.102, a creditor with the required sworn debt, claim, or demand, or another interested person, may complain against an executor who originally served without bond. After citation and hearing, the court must order bond within 10 days if waste, mismanagement, or misapplication probably threatens a creditor's debt or another estate interest. Unless extended, default requires removal without citation and appointment of a replacement.

Tex. Est. Code § 305.251 separately allows an interested person to seek a new bond that is insufficient, defective, lost, or destroyed. Tex. Est. Code § 305.252 lets the judge promptly order a new bond without notice or issue a show-cause citation when the statutory condition appears. Under § 305.253, a bond ordered after the show-cause hearing is due within the court-set period, no later than 20 days after the order.

Property and the next year's revenue drive the amount

Section 305.151 directs the judge to set enough bond to protect the estate and creditors. If the representative is entitled to the entire estate after debts, the amount protects creditors only; that is a reduced-protection rule, not an automatic no-bond rule.

Under § 305.153, the ordinary amount combines estimated personal property with anticipated revenue during the next 12 months from interest, dividends, collectible claims, installments or periodic payments other than Social Security, and rentals. Court-ordered and voluntary deposits reduce the amount proportionally.

Tex. Est. Code § 305.155 permits or requires restricted estate deposits and allows an interested person to apply for them. Tex. Est. Code § 305.156 lets the personal representative use court-accepted personal cash or securities instead of sureties or to reduce the bond.

Surety structure is detailed and court controlled

Under § 305.201, a bond may use at least two qualified personal sureties with sufficient nonexempt Texas property or ordinarily one authorized corporate surety. Tex. Est. Code § 305.203 requires the personal sureties' combined reachable net worth to equal at least twice the bond. Tex. Est. Code § 305.207 lets a personal surety use the surety's own cash or securities instead of a required affidavit or real-property pledge.

For a bond above $50,000, § 305.202 permits the court to require two authorized corporate sureties or one authorized corporate surety plus at least two sufficient personal sureties. The estate pays the cost of a corporate- surety bond. Joint personal representatives may give separate bonds or one joint bond under § 305.103.

Bond approval controls qualification and later authority

Under § 305.002, a bonded representative qualifies only after the oath or declaration, filing the required bond, and obtaining the judge's approval. Tex. Est. Code § 305.004 allows filing before the 21st day after the appointment or bond-modification order, or before letters are revoked for failure to qualify, and directs prompt court review.

An order requiring a new bond suspends the representative's powers under § 305.254. Until the new bond is given and approved, the representative cannot pay estate money or act officially except to preserve estate property.

What trips people up

  • Distributee agreement does not itself waive bond. Section 401.005 still requires a court waiver application and best-interest review.
  • Sole entitlement is not a zero-bond rule. Section 305.151 reduces the protected interest to creditors.
  • A no-bond executor can later be bonded. Section 305.102 supplies a targeted complaint, hearing, risk findings, and removal consequence.
  • A new-bond order immediately changes authority. Only preservation action remains available until approval.

Common questions

Can all distributees waive an independent executor's bond?

They may agree to waiver in the forms § 401.005 states, but the probate court must grant the application and may refuse if waiver is not in the estate's best interest.

Can deposits replace sureties?

Yes. Section 305.156 permits court-accepted personal cash or securities instead of sureties, and § 305.155 permits restricted estate deposits that reduce bond.

When does an interested person obtain a new bond?

Section 305.251 permits a written application when an existing bond is insufficient or defective or the bond and record are lost or destroyed. A different complaint under § 305.102 addresses proven risk from an executor who originally served without bond.

Statutes and sources

  • Tex. Est. Code §§ 305.002-.103 — qualification, filing period, default, will and corporate exceptions, risk-based complaint, and joint bonds. Official current Chapter 305 (accessed 2026-08-29).
  • Tex. Est. Code §§ 305.151-.203 and 305.251-.254 — amount, deposits, sureties, new-bond grounds, procedure, and suspension. Official current Chapter 305 (accessed 2026-08-29).
  • Tex. Est. Code § 401.005 — independent-executor bond and distributee- consent waiver route. Official current Chapter 401 (accessed 2026-08-29).

The current-session pending-bill sweep found no measure that would change the bond rules summarized here.

Source links

Every statute quoted above, linked, with the date we checked it.

Tex. Est. Code § 305.002 · accessed 2026-08-29
Tex. Est. Code § 305.004 · accessed 2026-08-29
Tex. Est. Code § 305.101 · accessed 2026-08-29
Tex. Est. Code § 305.102 · accessed 2026-08-29
Tex. Est. Code § 305.103 · accessed 2026-08-29
Tex. Est. Code § 305.151 · accessed 2026-08-29
Tex. Est. Code § 305.153 · accessed 2026-08-29
Tex. Est. Code § 305.155 · accessed 2026-08-29
Tex. Est. Code § 305.156 · accessed 2026-08-29
Tex. Est. Code § 305.201 · accessed 2026-08-29
Tex. Est. Code § 305.202 · accessed 2026-08-29
Tex. Est. Code § 305.203 · accessed 2026-08-29
Tex. Est. Code § 305.207 · accessed 2026-08-29
Tex. Est. Code § 305.251 · accessed 2026-08-29
Tex. Est. Code § 305.252 · accessed 2026-08-29
Tex. Est. Code § 305.253 · accessed 2026-08-29
Tex. Est. Code § 305.254 · accessed 2026-08-29
Tex. Est. Code § 401.005 · accessed 2026-08-29
This page is general legal information about state-law bond requirements for an executor, administrator, or other ordinary personal representative, not legal, financial, underwriting, fiduciary, creditor, or litigation advice about a particular estate, will, applicant, beneficiary, creditor, bond, surety, premium, asset value, restricted account, waiver, demand, court order, or letters. A will, written waiver, nonwaiving interest, creditor claim, fiduciary type, residence, estate property and income, administration route, court discretion, later petition, and changed asset value can alter whether bond is required and its amount or security. Do not act before appointment and qualification are effective. Special administrators, ancillary and small estates, public administrators, guardians, conservators, trustees, bond claims, surcharge, removal merits, and local filing or surety practice may use different rules. Verified against the cited official sources on the date shown; use current court forms and obtain licensed probate and surety advice before waiving, demanding, posting, replacing, or relying on a bond.

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