Texas § ES.401.005 - BOND
Full text of Texas The Texas Constitution § ES.401.005 — BOND, with citation guidance and answers to common questions.
§ ES.401.005. BOND
BOND; WAIVER OF BOND. (a) If an independent administration of a decedent's estate is created under Section 401.002 or 401.003 , then, unless the probate court waives bond on application for waiver, the independent executor shall be required to enter into bond payable to and to be approved by the judge and the judge's successors in a sum that is found by the judge to be adequate under all circumstances, or a bond with one surety in a sum that is found by the judge to be adequate under all circumstances, if the surety is an authorized corporate surety. (a-1) If a decedent's will does not contain language directing that no bond or security be required of a person named as executor, unless the court finds that it would not be in the best interest of the estate, the court may waive the requirement of a bond if all of the distributees of the decedent agree to the waiver of bond in: (1) the application for probate of the decedent's will; or (2) one or more separate documents consenting to the application for probate of the decedent's will. (b) This section does not repeal any other section of this title. Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198 ), Sec. 2.53, eff. January 1, 2014. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782 ), Sec. 40, eff. September 1, 2019.
Frequently Asked Questions About Texas § ES.401.005
What does The Texas Constitution § ES.401.005 cover?
Section ES.401.005 ("BOND") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § ES.401.005?
A common citation format is "The Texas Constitution § ES.401.005" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § ES.401.005 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.