Sec. 305.158. BOND REQUIRED INSTEAD OF DEPOSITS BY PERSONAL REPRESENTATIVE. (a) The court may on its own motion or on the written application by the personal representative or any other person interested in the estate:
(1) require that an adequate bond be given instead of a deposit under Section 305.156; or
(2) authorize withdrawal of a deposit made under Section 305.156 and substitution of a bond with sureties.
(b) Not later than the 20th day after the date of entry of the court's motion or the date the personal representative is personally served with notice of the filing of an application by another person interested in the estate, the representative shall file a sworn statement showing the condition of the estate.
(c) A personal representative who fails to comply with Subsection (b) is subject to removal as in other cases.
(d) The personal representative's deposit under Section 305.156 may not be released or withdrawn until the court has:
(1) been satisfied as to the condition of the estate;
(2) determined the amount of the bond; and
(3) received and approved 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