Texas Estates Code 305.102 – Bond Required From Executor Otherwise Exempt
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(a) This section applies only to an estate for which an executor was appointed under a will, but from whom no bond was required.
(b) A person who has a debt, claim, or demand against the estate, with respect to the justice of which the person or the person’s agent or attorney has made an oath, or another person interested in the estate, whether in person or as the representative of another, may file a written complaint in the court where the will is probated.
Terms Used In Texas Estates Code 305.102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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 - Executor: A male person named in a will to carry out the decedent
- 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 - Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Oath: includes affirmation. See Texas Government Code 311.005
- Oath: A promise to tell the truth.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- 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 - Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) On the filing of the complaint, the court shall cite the executor to appear and show cause why the executor should not be required to give a bond.
(d) On hearing the complaint, the court shall enter an order requiring the executor to give a bond not later than the 10th day after the date of the order if it appears to the court that:
(1) the executor is wasting, mismanaging, or misapplying the estate; and
(2) as a result of conduct described by Subdivision (1):
(A) a creditor may probably lose the creditor’s debt; or
(B) a person’s interest in the estate may be diminished or lost.
(e) A bond required under this section must be:
(1) in an amount sufficient to protect the estate and the estate’s creditors;
(2) payable to and approved by the judge; and
(3) conditioned that the executor:
(A) will well and truly administer the estate; and
(B) will not waste, mismanage, or misapply the estate.
(f) If the executor fails to give a bond required under this section on or before the 10th day after the date of the order and the judge has not extended the period for giving the bond, the judge, without citation, shall remove the executor and appoint a competent person in the executor’s place who shall administer the estate according to the will and law. Before entering into the administration of the estate, the appointed person must:
(1) take the oath required of an administrator with the will annexed under § 305.051; and
(2) give a bond in the manner and amount provided by this chapter for the issuance of original letters of administration.