Texas Estates Code 305.252 – Court Order or Citation On New Bond
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(a) When a judge becomes aware that a bond is in any respect insufficient or that a bond and the record of the bond have been lost or destroyed, the judge shall:
(1) without delay and without notice enter an order requiring the personal representative to give a new bond; or
(2) without delay have the representative cited to show cause why the representative should not be required to give a new bond.
(b) An order entered under Subsection (a)(1) must state:
(1) the reasons for requiring a new bond;
(2) the amount of the new bond; and
(3) the period within which the new bond must be given, which may not be earlier than the 10th day after the date of the order.
Terms Used In Texas Estates Code 305.252
- 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 - personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031
(c) A personal representative who opposes an order entered under Subsection (a)(1) may demand a hearing on the order. The hearing must be held before the expiration of the period within which the new bond must be given.