Texas Administrator & Executor Bond

Probate Bonds From $100 – All 254 TX Counties

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A Texas executor bond or Texas administrator bond — together known as a probate bond, personal representative bond, or fiduciary bond — is required by a Texas probate court before a personal representative can manage the estate of a person who has died, unless it is waived. Under Texas Estates Code § 305.101, the bond must be filed and approved by the judge before letters testamentary or letters of administration are issued. Most wills waive the bond for the named independent executor, while administrators are almost always required to post one. Premiums start at $100, are paid from estate funds, and the court sets the required bond amount based on the size of the estate.

Texas Probate Bond Pricing

Premiums are a small percentage of the court-ordered bond amount and are paid from estate funds. Sample pricing for qualified applicants:

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Executor, Administrator, or Trustee — Which Texas Probate Bond You Need

Texas courts use different names for the bond depending on how the fiduciary was appointed, but the protection works the same way. Which one applies — and whether a bond is required at all — depends on your appointment:

Why Do Texas Probate Courts Require a Bond?

Estate administration in Texas is governed by the Texas Estates Code. When a person dies, someone must be appointed to pay the estate's debts and distribute what remains to the rightful heirs. That personal representative controls assets that belong to other people, and the bond is the financial safeguard against mismanagement. Under § 305.101, a personal representative must file a bond approved by the judge before letters testamentary or letters of administration are issued — unless the representative is exempt, such as a corporate fiduciary, or the will directs that no bond be required. The bond is payable to the judge and conditioned on the representative's faithful performance of all duties required by law under § 305.201.

If the personal representative mismanages the estate through fraud, negligence, self-dealing, or failure to follow the will or Texas law, heirs and creditors can recover against the bond. The surety pays valid claims up to the bond amount, and the personal representative must reimburse the surety in full — the bond protects the estate, not the representative.

Independent vs. Dependent Administration — and How the Amount Is Set

Texas is distinctive for its two tracks of estate administration, and which one you are in largely determines whether a bond is required. In an independent administration under Estates Code Chapter 401, the personal representative acts largely free of court supervision, and most wills expressly waive the bond for the named independent executor. In a dependent administration, the court supervises the estate closely and a bond is almost always required. Bonds are also routinely required for temporary administrators and for independent administrations created by agreement of the heirs when no will waives the requirement.

When a bond is required, the judge sets the amount under § 305.151 — a penal sum sufficient to protect the estate and its creditors, based on the estate's personal property, anticipated income, and cash on hand. The bond must come from a surety authorized to do business in Texas, and courts commonly require a corporate surety. You do not calculate the amount yourself; your court paperwork or the clerk will confirm the figure.

How To Get Your Texas Probate Bond

1. Get appointed and receive your bond amount. The court sets the required bond amount under Estates Code § 305.151 during the appointment process. Wait for this figure before purchasing — you may also learn the will waived the bond and none is needed.
2. Request your quote. Apply online or call with your court documentation. For most standard estates we can quote from the bond amount alone; larger or more complex estates may involve a review of the will or trust and the applicant's credit.
3. Complete the short application. Provide the personal representative's information and the estate details.
4. File your bond and receive your letters. We execute the bond with the surety's Power of Attorney attached so you can file it with the court. The court then issues your letters testamentary or letters of administration, and you can begin settling the estate.

Bond Details at a Glance

• Bond Name: Texas Executor Bond / Texas Administrator Bond (Probate Bond)
• Also Known As: Personal representative bond, fiduciary bond, estate bond
• Bond Amount: Set by the judge — sufficient to protect the estate and creditors, based on personal property, anticipated income, and cash on hand (Estates Code § 305.151)
• Starting Premium: $100 for a $10,000 bond; paid from estate funds
• Obligee: The Texas probate court judge, for the benefit of the estate's heirs and creditors
• Governing Law: Texas Estates Code — § 305.101 (bond required), § 305.151 (amount), § 305.201 (faithful performance), § 401.005 (independent executor waiver)
• Executors: Usually waived for the named independent executor
• Administrators: Almost always required — dependent and intestate estates
• Surety: Must be authorized in Texas; courts commonly require a corporate surety
• Attorney: Generally required to represent the personal representative in the probate proceeding

Frequently Asked Questions

What is a Texas administrator or executor bond?
A probate bond required by a Texas probate court under Estates Code § 305.101 before a personal representative can manage a deceased person's estate. It guarantees faithful performance and protects the estate's heirs and creditors.

Do executors need a bond in Texas?
Often not. Most Texas wills waive the bond for the named independent executor under § 401.005. A bond is required if the will doesn't waive it, the court orders one, or an interested person demands one over suspected mismanagement.

Do administrators need a bond in Texas?
Almost always. With no will to waive it, administrators of intestate estates and dependent administrators generally must post a bond before letters are issued.

How much does a Texas probate bond cost?
Premiums start at $100 for a $10,000 bond and scale with the court-ordered amount — $135 at $25,000, $260 at $50,000, $460 at $100,000, and up. The premium is paid from estate funds.

How is the bond amount determined?
The judge sets it under § 305.151 — sufficient to protect the estate and creditors, based on personal property, anticipated income, and cash on hand. The court provides the figure; you don't calculate it yourself.

What's the difference between independent and dependent administration?
In independent administration (Chapter 401), the representative acts largely free of court supervision and most wills waive the bond. In dependent administration, the court supervises closely and a bond is almost always required. Independent administration is a big reason Texas probate is often faster and cheaper.

Do I need an attorney?
Most Texas probate courts require the personal representative to be represented by an attorney in the proceeding. Obtaining the bond itself doesn't require one — we can bond qualified applicants quickly once the court sets the amount.

What happens if a claim is filed against the bond?
The surety pays valid claims — from mismanagement, fraud, or failure to follow the will or Texas law — up to the bond amount, and the personal representative must reimburse the surety in full. The bond protects the estate, not the representative.

Texas Probate Court Directory

Depending on the county, probate in Texas is handled by a Statutory Probate Court, a County Court at Law, or the Constitutional County Court. The directory below covers the 40 largest Texas counties — and BondAbility writes probate bonds in all 254. Find your county for the court's website, phone number, and mailing address.

Don't see your county? We issue probate bonds for every court in Texas — all 254 counties. Send us your court's bond order and we'll take care of it.

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