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The Probate Bond Experts
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.
When a Texas bond is required, the amount is set by the court under Texas Estates Code Sections 305.151 through 305.155:
Whether a Texas bond is required turns on the type of administration. Under Texas Estates Code Section 305.101:
Qualifying in a Texas estate follows the Estates Code and county or probate court practice:
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.
Beyond the standard personal representative bond, Texas probate practice uses several additional bond types:
Texas does not run a licensing board for private professional fiduciaries, but the Estates Code places clear duties on every personal representative:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWIt 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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