Sec. 1105.158. BOND REQUIRED INSTEAD OF DEPOSITS. (a) The court may on its own motion or on the written application by the guardian of an estate or any other person interested in the guardianship:
(1) require the guardian to give adequate bond instead of the deposit; or
(2) authorize withdrawal of the deposit and substitution of a bond with sureties.
(b) Before the 21st day after the date the guardian is personally served with notice of the filing of the application or the date the court enters the court's motion, the guardian shall file a sworn statement showing the condition of the guardianship.
(c) A guardian who fails to comply with Subsection (b) is subject to removal as in other cases.
(d) The deposit may not be released or withdrawn until the court:
(1) is satisfied as to the condition of the guardianship estate;
(2) determines the amount of the bond; and
(3) receives and approves the bond.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle D - Creation of Guardianship
Chapter 1105 - Qualification of Guardians
Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate
Section 1105.151. General Formalities
Section 1105.152. General Standard Regarding Amount of Bond
Section 1105.153. Evidentiary Hearing on Amount of Bond
Section 1105.154. Specific Bond Amount
Section 1105.155. Agreement Regarding Deposit of Estate Assets
Section 1105.156. Deposit of Estate Assets on Terms Prescribed by Court
Section 1105.157. Deposits of Guardian
Section 1105.158. Bond Required Instead of Deposits
Section 1105.159. Withdrawal of Deposits on Closing of Guardianship
Section 1105.160. Authorized Corporate or Personal Sureties
Section 1105.161. Sureties for Certain Bonds
Section 1105.162. Deposits by Personal Surety
Section 1105.163. Applicability of Subchapter to Certain Court Orders