This section lets certain interested people ask the court to require an executor’s bond, and it sets out what the court, executor, and replacement administrator must do.
Sec. 305.102. BOND REQUIRED FROM EXECUTOR OTHERWISE EXEMPT. (a) This section applies only to an estate for which an executor was appointed under a will, but from whom no bond was required. (b) A person who has a debt, claim, or demand against the estate, with respect to the justice of which the person or the person's agent or attorney has made an oath, or another person interested in the estate, whether in person or as the representative of another, may file a written complaint in the court where the will is probated. (c) On the filing of the complaint, the court shall cite the executor to appear and show cause why the executor should not be required to give a bond. (d) On hearing the complaint, the court shall enter an order requiring the executor to give a bond not later than the 10th day after the date of the order if it appears to the court that: (1) the executor is wasting, mismanaging, or misapplying the estate; and (2) as a result of conduct described by Subdivision (1): (A) a creditor may probably lose the creditor's debt; or (B) a person's interest in the estate may be diminished or lost. (e) A bond required under this section must be: (1) in an amount sufficient to protect the estate and the estate's creditors; (2) payable to and approved by the judge; and (3) conditioned that the executor: (A) will well and truly administer the estate; and (B) will not waste, mismanage, or misapply the estate. (f) If the executor fails to give a bond required under this section on or before the 10th day after the date of the order and the judge has not extended the period for giving the bond, the judge, without citation, shall remove the executor and appoint a competent person in the executor's place who shall administer the estate according to the will and law. Before entering into the administration of the estate, the appointed person must: (1) take the oath required of an administrator with the will annexed under Section 305.051; and (2) give a bond in the manner and amount provided by this chapter for the issuance of original letters of administration. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.