Texas Estates Code 305.203 – Affidavit of Personal Surety
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(a) Before a judge may consider a bond with personal sureties, each person offered as surety must execute an affidavit stating the amount by which the person’s assets that are reachable by creditors exceeds the person’s liabilities, and each affidavit must be presented to the judge for consideration.
(b) The total worth of the personal sureties on a bond must equal at least twice the amount of the bond.
Terms Used In Texas Estates Code 305.203
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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 - Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
(c) An affidavit presented to and approved by the judge under this section shall be attached to and form part of the bond.