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Texas Probate Bonds

What is a Probate Bond in Texas?

A probate bond is a type of fiduciary bond (also known as an executor’s bond) in a probate court estate. It is a Texas state court bond that is issued on the performance of an executor or administrator of an estate. The purpose of the bond is to protect the beneficiaries or creditors of the estate from harm caused by the malfeasance or negligence of the executor or administrator.

In Texas, a probate court bond is issued to administrators, executors, conservators and guardians in probate estates.

Texas probate bond

How Much does a Probate Bond Cost in Texas?

The cost of a probate bond can vary widely depending on the amount of coverage that is required. It is based on the total amount of the estate, including any real estate, that the fiduciary has to oversee. The bond premiums are normally calculated at one-half of one percent (0.5%), which is equal to $500 for every $100,000 of estate assets. We work diligently to find the lowest premiums possible in the state of Texas. Please call us today at (913) 225-8501. We’ll find you the very best rate possible.

Bond Amount Needed Fee
<$20,000 $125-$150
$20,000-30,000  $150-$175
$30,000-50,000$175-275
$50,000+0.50%

These rates are for Merit clients, Preferred rates are 1% and Standard rates are 2%

How do I get a Estate Bond in Texas?

We make it easy to get a probate bond.  Just click here to get our Texas Probate Application.  Fill it out and then email it and the Texas probate court documents to [email protected] or fax to 866-594-2771.

Our bond application

You can also call us at 913-225-8501.  We review each application for an executor bonds and then submit it to the surety that we believe will provide the best fidelity bond for your estate.  They will perform a credit check.  We have a high success rate in getting our clients probate estate bonds at the best rates possible.

Find a Probate Bond Near Me

Why do I need a Bond? I mean, what is an example of Malfeasance?

Let’s assume that your Uncle Larry was appointed as the administrator of your father’s estate. The estate consists of your family home, which is valued at $350,000. There are also several bank accounts worth several thousand dollars, a life insurance policy, two cars, a gun collection and plenty of sentimental items.

Unfortunately, your uncle Larry has money issues and is going through a divorce. So, instead of fulfilling his duties to you and your family, he instead takes the life insurance proceeds, the gun collection and cleans out the bank accounts and leaves the country.

How Does a Probate Bond Work in Court?

You may notice that many Wills that are drafted by attorneys waive the requirement of the bond. However, if the court bond is not waived by the Will, then a probate fiduciary bond is needed. The only way to then get away without a bond will be if you 1) whether all heirs can agree to waive the bond requirement; 2) whether there are any debts outstanding; and 3) whether the judge will allow for the waiver of the bond.

If you are unable to get an agreement by the heirs to waive the bond, then you will have to get a court fiduciary bond. If there are substantial unsecured debts, then you’ll have to get the executors bond. Usually a judge will agree to waiver the administrator bond requirement.

 

Who Gets the Bond?

The personal representative, executor or administrator of the estate, must qualify for a bond. Qualification depends on the representative’s net worth and creditworthiness. Personal representatives who do not qualify could still find a solution if their attorney maintains control over the estate account.

When the will does not waive a bond or the personal representative resides out of Texas, a request for a waiver of bond to the court must include a declaration that states:

  • The number of unsecured creditors of the estate and the estimated liability to them
  • All estimated tax liabilities
  • The amount of any known contingent liabilities
  • Whether the estate is solvent
  • The due diligence performed to establish the above information

What is a Court Bond in Texas and How do I Get One?

A court bond is a bit different than a probate bond, described above. Instead, a Court Bond is generally a bond that is used for another court-specific purpose. A Court Surety Bond, also known as a judicial bond, protects one party from a loss. The most typical type of court bonds are:

  • Indemnity Bonds (sheriff bond) – this protects the marshall from a lawsuit from the party whose assets are seized
  • Cost Bonds – these guarantee the repayment of costs that are connected when a lower court’s decision is being appealed
  • Plaintiff’s Bond – this guarantees a certain amount of damages that a party suffers if the action is held in favor of defendant
  • Replevin Bonds – these guarantee that the property that was seized will remain in good condition and not disposed of or sold. It is a type of plaintiff’s bond.
  • Attachment Bonds – A court can require these before property is seized in order to secure a judgment. A type of plaintiff’s bond
  • Appeal Bonds – a bond put up by a defendant to guarantee the damages already awarded by a lower court to the plaintiff

Click here for our Court Bond Application.

Our bond application

We provide probate bonds in each of the following counties:

Anderson
Andrews
Angelina
Aransas
Archer
Armstrong
Atascosa
Austin
Bailey
Bandera
Bastrop
Baylor
Bee
Bell
Bexar
Blanco
Borden
Bosque
Bowie
Brazoria
Brazos
Brewster
Briscoe
Brooks
Brown
Burleson
Burnet
Caldwell
Calhoun
Callahan
Cameron
Camp
Carson
Cass
Castro
Chambers
Cherokee
Childress
Clay
Cochran
Coke
Coleman
Collin
Collingsworth
Colorado
Comal
Comanche
Concho
Cooke
Coryell
Cottle
Crane
Crockett
Crosby
Culberson
Dallam
Dallas
Dawson
Deaf Smith
Delta
Denton
DeWitt
Dickens
Dimmit
Donley
Duval
Eastland
Ector
Edwards
Ellis
El Paso
Erath
Falls
Fannin
Fayette
Fisher
Floyd
Foard
Fort Bend
Franklin
Freestone
Frio
Gaines
Galveston
Garza
Gillespie
Glasscock
Goliad
Gonzales
Gray
Grayson
Gregg
Grimes
Guadalupe
Hale
Hall
Hamilton
Hansford
Hardeman
Hardin
Harris
Harrison
Hartley
Haskell
Hays
Hemphill
Henderson
Hidalgo
Hill
Hockley
Hood
Hopkins
Houston
Howard
Hudspeth
Hunt
Hutchinson
Irion
Jack
Jackson
Jasper
Jeff Davis
Jefferson
Jim Hogg
Jim Wells
Johnson
Jones
Karnes
Kaufman
Kendall
Kenedy
Kent
Kerr
Kimble
King
Kinney
Kleberg
Knox
Lamar
Lamb
Lampasas
La Salle
Lavaca
Lee
Leon
Liberty
Limestone
Lipscomb
Live Oak
Llano
Loving
Lubbock
Lynn
McCulloch
McLennan
McMullen
Madison
Marion
Martin
Mason
Matagorda
Maverick
Medina
Menard
Midland
Milam
Mills
Mitchell
Montague
Montgomery
Moore
Morris
Motley
Nacogdoches
Navarro
Newton
Nolan
Nueces
Ochiltree
Oldham
Orange
Palo Pinto
Panola
Parker
Parmer
Pecos
Polk
Potter
Presidio
Rains
Randall
Reagan
Real
Red River
Reeves
Refugio
Roberts
Robertson
Rockwall
Runnels
Rusk
Sabine
San Augustine
San Jacinto
San Patricio
San Saba
Schleicher
Scurry
Shackelford
Shelby
Sherman
Smith
Somervell
Starr
Stephens
Sterling
Stonewall
Sutton
Swisher
Tarrant
Taylor
Terrell
Terry
Throckmorton
Titus
Tom Green
Travis
Trinity
Tyler
Upshur
Upton
Uvalde
Val Verde
Van Zandt
Victoria
Walker
Waller
Ward
Washington
Webb
Wharton
Wheeler
Wichita
Wilbarger
Willacy
Williamson
Wilson
Winkler
Wise
Wood
Yoakum
Young
Zapata
Zavala

See our Utah probate bond page here.