How to Get Bonded  |  Types of Texas Probate Bonds  |  Professional Fiduciary  |  Texas Probate Process  |  Texas Bond FAQ

Texas Probate Bonds,
Handled Simply.

Licensed to issue personal representative and guardian bonds for the county and statutory probate courts across Texas. Fast approval, competitive rates, and real probate expertise.

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How to obtain a Texas Probate Bond

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Texas Probate Bond Types

Deceased Estate Bonds

A probate court bond protecting heirs. Includes the executor bond (with a will), administrator bond (no will), and general personal representative bond.

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Incompetent Persons

A court fiduciary bond protecting incapacitated adults. Includes the guardianship bond and financial conservator bond to prevent asset exploitation.

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Minor Children Bonds

A probate surety bond protecting kids' assets. Includes the guardianship bond for minors and guardian of the estate bond to preserve funds.

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Trustee Matter Bonds

A fiduciary surety bond protecting beneficiaries. Includes the trustee bond (or trust bond) to ensure legal, ethical trust management.

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Bonding solutions for professional fiduciaries

We provide probate and fiduciary bonding solutions for Texas executors, administrators, and guardians across Texas. Probate is handled by the county courts, with dedicated statutory probate courts in the largest counties, and Texas administers estates under the Texas Estates Code. Whether a bond is required depends on whether the administration is independent or dependent, and we can issue your bond quickly so you can qualify and begin your duties. Our process supports higher bond amounts, recurring court requirements, and firm-level bonding needs.

When eligible, bonds may be issued in the name of the fiduciary firm rather than an individual.

Program features include:

  • Annual and blanket bonds, where permitted
  • Support for higher bond amounts and recurring filings
  • Court-focused documentation and review
Annual and blanket fiduciary bonds

Why Texas families and 
professionals choose us

Probate specialists

We focus exclusively on probate and guardianship bonds, not general insurance.

Independent access

We work with multiple surety companies to find the right fit for your situation.

Clear communication

We explain requirements clearly and respond promptly during a difficult time.

Court-focused process

Our applications and bonds are prepared to meet court requirements.

Not sure which Texas probate bond you need?

Courts use different terms for different roles, such as fiduciary, executor, administrator, personal representative, conservator or guardian. If you’re unsure which bond applies to your situation, we can help you identify the correct bond based on your court documents.

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Texas Probate Court and Governing Law

Probate in Texas is handled at the county level, but the court depends on the county. The largest counties have dedicated statutory probate courts, including Harris, Dallas, Tarrant, Bexar, Travis, Collin, Denton, Galveston, Hidalgo, and El Paso. Mid-size counties use county courts at law that exercise probate jurisdiction, and most smaller counties use the constitutional county court, presided over by the county judge.

Texas is not a Uniform Probate Code state. It administers estates under the Texas Estates Code, recodified in 2014 from the former Probate Code. The estate fiduciary is called the personal representative, an executor when named in a will and an administrator when appointed without one. The bond rules sit in Chapter 305.

Texas imposes no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.

How Texas Courts Calculate the Bond Amount

When a Texas bond is required, the amount is set by the court under Texas Estates Code Sections 305.151 through 305.155:

  • Based on estate value: The court sets the bond based on the estimated value of the estate's assets, including cash, securities, real property, and personal property that will come under the representative's control.
  • Specific amount: Under Section 305.153 the court fixes a specific penal sum, and Section 305.152 allows an evidentiary hearing on the amount.
  • Reduced by a deposit agreement: Under Section 305.154 the court may reduce the bond when estate assets are deposited under an agreement that freezes them so they cannot be withdrawn without a court order.
  • Adjustable: Under Section 305.160 the court may require an increased or additional bond if circumstances change during administration.

When a Texas Probate Bond Can Be Waived

Whether a Texas bond is required turns on the type of administration. Under Texas Estates Code Section 305.101:

  • Independent administration: Letters issue without a bond to an executor named in a will if the will directs that no bond or security be required. Independent administration with a bond-waiving will is the most common path in Texas, and it proceeds with minimal court supervision.
  • Dependent administration: In a court-supervised dependent administration, a bond is required, and it cannot be waived merely because the heirs agree it is unnecessary.
  • Intestate administrator: When there is no will, the court appoints an administrator and typically requires a bond, especially when the administrator is not the sole heir or when minor or incapacitated heirs are involved.
  • Corporate fiduciary: A bond is not required when the personal representative is a corporate fiduciary, such as a bank or trust company.
  • Court discretion and creditor complaint: The court may require a bond even where the will waives it if there are concerns about the representative, and under Section 305.102 a creditor may file a complaint to require a bond from an executor otherwise exempt.

Texas Probate Bond Filing Requirements

Qualifying in a Texas estate follows the Estates Code and county or probate court practice:

  • Oath and bond to qualify: Under Section 305.002 the personal representative qualifies by taking the oath and, when required, filing a bond.
  • Period for giving bond: Under Section 305.004 the bond may be filed with the clerk before the deadline to qualify, and the court acts promptly to review and approve it.
  • Right court: The estate is opened in the court with probate jurisdiction in the county where the decedent was domiciled, which may be a statutory probate court, a county court at law, or the constitutional county court.
  • Subscription by sureties: Under Section 305.107 the bond is signed by the principal and the sureties, and the court approves the surety.
  • Letters follow qualification: Letters testamentary or of administration issue once the representative has qualified by oath and any required bond.
  • Bond stays in force: When required, the bond remains in effect until the administration is closed and the court discharges the personal representative.

How Much Does a Texas Probate Bond Cost?

When a Texas bond is required, the cost is a premium paid to the surety company. Independent executors serving under a bond-waiving will often need no bond at all.

  • Typical rate range: Most Texas probate bonds are priced at roughly 0.5% to 1% of the bond amount per year for well-qualified applicants. A $100,000 bond commonly costs between $500 and $1,000 per year, and rates can run higher on larger bonds or weaker credit.
  • Minimum premium: Many sureties apply a minimum premium of about $100 to $150 for small bonds.
  • Credit impact: Applicants with strong credit qualify for the lowest rates. Applicants with weaker credit may pay a higher rate or be asked for collateral.
  • Reduced by a deposit agreement: Freezing estate assets under a court-approved deposit agreement can lower the bond and the premium.
  • Annual renewal: Texas dependent administrations can stay open across more than one year, so the premium is charged annually until the court discharges the personal representative.
  • Premium as an estate expense: Texas courts generally allow the bond premium to be paid from estate assets as a cost of administration.

Additional Texas Probate Bond Types

Beyond the standard personal representative bond, Texas probate practice uses several additional bond types:

  • Dependent Administrator Bond: The bond of an administrator in a court-supervised dependent administration, which is required and sized to the estate.
  • Independent Executor Bond: A bond for an independent executor when the will does not waive bond or the court requires one despite a waiver.
  • Temporary Administrator Bond: The bond of a temporary administrator appointed to preserve estate assets before a permanent representative qualifies.
  • Guardian Bond: A guardian of the estate of a minor or an incapacitated person is generally required to post a bond tied to the value of the protected estate.
  • Muniment of Title: A Texas-specific procedure that transfers title under a will without appointing a personal representative, so no administration bond is involved.

Professional Fiduciary Bonds in Texas

Texas does not run a licensing board for private professional fiduciaries, but the Estates Code places clear duties on every personal representative:

  • Qualify before acting: The personal representative takes the oath and files any required bond to qualify before letters issue and before acting for the estate.
  • Independent versus dependent: An independent representative acts with little court supervision, while a dependent representative seeks court approval for most actions and is bonded.
  • Bond secures performance: Where required, the bond protects the estate's beneficiaries and creditors if the representative mismanages assets.
  • Annual review of bond: In a dependent administration the court reviews the bond, and may increase it if the estate grows or the original becomes insufficient.
  • Guardians: A guardian of the estate serves under continuing court supervision, files inventories and accounts, and maintains any bond the court sets.

Texas County and Probate Courts by County

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Frequently Asked Questions About Texas Probate Bonds

Do I need a probate bond in Texas?

It depends on the type of administration. In an independent administration where the will waives bond, no bond is required. In a dependent administration a bond is required, and when there is no will the court appointing an administrator usually requires one.

What is the difference between independent and dependent administration in Texas?

Independent administration proceeds with minimal court supervision and, when the will waives bond, without a bond. Dependent administration is court-supervised, the representative seeks approval for most actions, and a bond is required even if the heirs agree it is unnecessary.

When is a bond required in Texas?

A bond is required in a dependent administration, when an intestate administrator is appointed, when the will does not waive bond, or when the court orders one despite a waiver because of concerns about the representative.

How much does a Texas probate bond cost?

When a bond is required, most Texas probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Larger bonds or weaker credit can raise the rate.

How is the bond amount set in Texas?

Under Sections 305.151 through 305.153 the court sets the bond based on the estimated value of the estate's assets coming under the representative's control. A court-approved deposit agreement that freezes assets can reduce the amount.

How fast can I get a Texas probate bond?

Most Texas probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can qualify before the court without delay.

Can I get a Texas probate bond with bad credit?

Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.

Which court handles probate in Texas?

It depends on the county. The largest counties have statutory probate courts, mid-size counties use county courts at law with probate jurisdiction, and most smaller counties use the constitutional county court presided over by the county judge.

Does Texas have an estate or inheritance tax?

No. Texas has no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.

Can the court require a bond even if the will waives it in Texas?

Yes. The court may require a bond despite a waiver if there are concerns about the representative's qualifications or finances, and under Section 305.102 a creditor may file a complaint to require a bond from an executor otherwise exempt.

Does an intestate administrator need a bond in Texas?

Usually yes. When there is no will, the court appoints an administrator and typically requires a bond, especially when the administrator is not the sole heir or when minor or incapacitated heirs are involved.

What does a Texas probate bond protect?

When required, the bond protects the estate's beneficiaries and creditors from financial harm caused by a personal representative who mismanages assets or fails to perform the duties of the office.

How long does a Texas probate bond stay in effect?

When a bond is required, it stays in force until the administration is closed and the court discharges the personal representative. In a dependent administration that can span more than one year, so the premium is charged annually.

What is a muniment of title in Texas?

Muniment of title is a Texas-specific procedure that admits a will to probate to transfer title to property without appointing a personal representative, used when there is a valid will and no unpaid debts other than those secured by real estate, so no administration bond is involved.

Is a probate bond the same as insurance for the fiduciary?

No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the beneficiaries and creditors. If the surety pays a claim, the personal representative is legally obligated to repay the surety.

Can the bond amount be reduced in Texas?

Yes. Under Section 305.154 the court may reduce the bond when estate assets are placed under a deposit agreement that freezes them so they cannot be withdrawn without a court order, which lowers the risk and the premium.

Does Texas require a bond for a guardian?

Often yes. A guardian of the estate of a minor or an incapacitated person is generally required to post a bond tied to the value of the protected estate, under the continuing supervision of the court.

Where do I file my Texas probate bond?

When a bond is required, you file it with the clerk of the court that has probate jurisdiction in the county where the decedent was domiciled, and the court reviews and approves the bond before letters issue.

Find Texas Probate Courts by County

Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our Texas probate court directory. We list every county court in Texas with contact information and links to local forms.

Texas Probate Court Directory