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Texas Estates Code - EST § 305.251. Grounds for Requiring New Bond

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A personal representative may be required to give a new bond if:

(1) a surety on a bond dies, removes beyond the limits of this state, or becomes insolvent;

(2) in the court's opinion:

(A) the sureties on a bond are insufficient;  or

(B) a bond is defective;

(3) the amount of a bond is insufficient;

(4) a surety on a bond petitions the court to be discharged from future liability on the bond;  or

(5) a bond and the record of the bond have been lost or destroyed.

(b) Any person interested in the estate may have the personal representative cited to appear and show cause why the representative should not be required to give a new bond by filing a written application with the county clerk of the county in which the probate proceedings are pending.  The application must allege that:

(1) the bond is insufficient or defective;  or

(2) the bond and the record of the bond have been lost or destroyed.

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Cite this article: FindLaw.com - Texas Estates Code - EST § 305.251. Grounds for Requiring New Bond - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-305-251/

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