Texas Estates Code 1105.158 – Bond Required Instead of Deposits
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(a) The court may on its own motion or on the written application by the guardian of an estate or any other person interested in the guardianship:
(1) require the guardian to give adequate bond instead of the deposit; or
(2) authorize withdrawal of the deposit and substitution of a bond with sureties.
(b) Before the 21st day after the date the guardian is personally served with notice of the filing of the application or the date the court enters the court’s motion, the guardian shall file a sworn statement showing the condition of the guardianship.
Terms Used In Texas Estates Code 1105.158
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person interested: means :
(1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
(2) anyone interested in the welfare of an incapacitated person, including a minor. See Texas Estates Code 22.018 - sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A guardian who fails to comply with Subsection (b) is subject to removal as in other cases.
(d) The deposit may not be released or withdrawn until the court:
(1) is satisfied as to the condition of the guardianship estate;
(2) determines the amount of the bond; and
(3) receives and approves the bond.