Sec. 305.154. AGREEMENT REGARDING DEPOSIT OF ESTATE ASSETS. (a) A personal representative may agree with the surety or sureties on a bond, either corporate or personal, for the deposit of any cash and other estate assets in a depository described by Subsection (c), if the deposit is otherwise proper, in a manner that prevents the withdrawal of the cash or other assets without:
(1) the written consent of the surety or sureties; or
(2) a court order entered after notice to the surety or sureties as directed by the court.
(b) The court may require the action described by Subsection (a) if the court considers that action to be in the best interest of the estate.
(c) Cash and assets must be deposited under this section in a financial institution, as defined by Section 201.101, Finance Code, that:
(1) has its main office or a branch office in this state; and
(2) is qualified to act as a depository in this state under the laws of this state or the United States.
(d) An agreement under this section may not release the principal or sureties from liability, or change the liability of the principal or sureties, as established by the terms of the bond.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle G - Initial Appointment of Personal Representative and Opening of Administration
Chapter 305 - Qualification of Personal Representatives
Subchapter D. Amount of Bond and Associated Deposits
Section 305.151. General Standard Regarding Amount of Bond
Section 305.152. Evidentiary Hearing on Amount of Bond
Section 305.153. Specific Bond Amount
Section 305.154. Agreement Regarding Deposit of Estate Assets
Section 305.155. Deposit of Estate Assets on Terms Prescribed by Court
Section 305.156. Deposits of Personal Representative
Section 305.157. Receipt for Deposits of Personal Representative
Section 305.158. Bond Required Instead of Deposits by Personal Representative
Section 305.159. Withdrawal of Deposits on Closing of Administration
Section 305.160. Increased or Additional Bonds in Certain Circumstances