Texas Estates Code 55.152 – Bond
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Terms Used In Texas Estates Code 55.152
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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 - Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Before a writ of attachment ordered under Section 55.151 may be issued, the complainant must execute a bond that is:
(1) payable to the executor or administrator of the estate;
(2) in an amount set by the judge; and
(3) conditioned for the payment of all damages and costs that are recovered for the wrongful suing out of the writ.