Texas Estates Code 1105.255 – New Bond in Decreased Amount
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(a) A guardian required to give a bond may at any time file with the clerk a written application requesting that the court reduce the amount of the bond.
(b) After the guardian files an application under Subsection (a), the clerk shall issue and have posted notice to all persons interested in the estate and to a surety on the bond. The notice must inform the interested persons and surety of:
(1) the fact that the application has been filed;
(2) the nature of the application; and
(3) the time the judge will hear the application.
Terms Used In Texas Estates Code 1105.255
- 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.
- Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise probate jurisdiction; or
(3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019 - Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The judge may permit the filing of a new bond in a reduced amount if:
(1) proof is submitted that a bond in an amount less than the bond in effect will be adequate to meet the requirements of law and protect the guardianship; and
(2) the judge approves an accounting filed at the time of the application.