Do I have to post a bond to serve as administrator of an intestate estate in Texas?

Short answer: Usually yes — Texas courts generally require a personal representative (administrator or executor) to give a bond. However, the bond can often be waived if all parties entitled to distribution agree in writing and the court approves. The court retains authority to require a bond despite a waiver when it thinks a bond is necessary to protect estate creditors or beneficiaries.

Detailed answer — how bond requirements work under Texas law

This explains the common rules and practical steps under Texas probate practice. It is written for readers with no prior legal background.

What is a probate bond and why is it required?

A probate bond (sometimes called a fiduciary bond or administrator’s bond) is a surety that protects the estate and the estate’s beneficiaries from losses caused by misconduct, mistake, or failure to perform by the person appointed to manage the estate. The bond ensures there is money available to compensate the estate if the personal representative mismanages assets.

When does Texas require a bond?

In most Texas probate cases the court will require the personal representative to give a bond before taking full control of estate assets. The amount and terms depend on the estate’s assets and the court’s assessment of risk. The court sets the bond amount and approves the surety.

Can bond be waived?

Yes — bond can be waived in two common ways:

• By the decedent’s written will: a will that expressly waives bond can eliminate the bond requirement for the executor named in that will (subject to court approval).
• By the heirs or beneficiaries: in intestate cases (no will) or when the will does not waive bond, the persons who are entitled to distribution of the estate may sign a written waiver of bond and file it with the court. If everyone who has a right to the estate signs a waiver, the court commonly dispenses with the bond.

Important caveat: even when a will waives bond or all distributees sign waivers, the judge has discretion to require a bond if there is a reason to protect creditors or the estate. The court may consider factors such as: whether some interested persons are unknown or not properly notified, the size and complexity of the estate, the proposed administrator’s relationship to the decedent, or any history of fraud or insolvency.

Independent administration and bond

Texas law distinguishes dependent from independent administration. Independent administration limits court supervision and can make estate administration quicker and less costly. Courts may grant independent administration and waive bond if the statutory conditions are met and the interested persons consent (or the will directs independent administration).

What steps should you take if you want to waive the bond?

1. Identify all persons entitled to the estate (heirs or beneficiaries). Everyone who will share in distributions must sign the waiver.
2. Prepare a written waiver document meeting the court’s formal requirements (the court clerk or local probate forms may help). The waiver should be signed (and often notarized) by each person signing it.
3. File the waiver with the probate court when you file for letters of administration or as soon as possible after appointment.
4. Be prepared: the judge may still require a bond. If the judge does, you can obtain a bond through a surety company (the surety typically charges a premium based on the bond amount and the applicant’s creditworthiness).

Alternatives to posting a surety bond

• Use of an independent executor/administrator appointment combined with waivers by all heirs.
• Posting a cash bond or depositing eligible securities with the court in lieu of a surety bond (allowed in many courts if the applicant prefers and the court approves).
• Small-estate procedures or nonprobate transfers (when the decedent’s assets fall under the statutory dollar thresholds or are payable-by-designation), which may avoid formal administration and bond requirements entirely.

Where the statutes are (start here)

Texas probate practice and bond provisions are governed by the Texas Estates Code and local court rules. Useful authoritative resources include the Texas Estates Code and the Texas statutes web site:

• Texas Estates Code (official state statutes)

Helpful Hints

• Do not rely on oral agreements: waivers of bond must be in writing and filed with the probate court.
• Confirm who must sign: every person who has a legal right to a distribution should sign the waiver; missing signatories can allow the court to insist on a bond.
• Check local court rules: probate clerks and local forms vary. Call the county probate clerk’s office to learn required wording and filing procedures for waivers and bond substitutions (cash or securities).
• Consider the judge’s discretion: even a unanimous written waiver may not stop a judge from requiring a bond if there are concerns about protecting creditors or unknown heirs.
• Get quotes from surety companies early: if a bond is required, premiums depend on the bond amount and underwriting factors. Budget for this cost when planning estate administration.
• Explore small estate options: if the estate is small or consists largely of assets with beneficiary designations, you may be able to avoid probate altogether.
• If you are unsure who is entitled to sign or how to prepare a proper waiver, consult a probate attorney or the court clerk before filing.

Final note and next steps

If you are about to be appointed as an administrator in Texas, gather the names and contact information for all heirs and beneficiaries right away. Ask the probate clerk for the court’s required waiver form (if one exists) and find out whether your local court will accept a waiver in place of a bond. If the court insists on a bond, contact a local surety agent to get premium estimates so you can plan for that expense.

Disclaimer: This article explains general principles of Texas probate law and is not legal advice. It does not create an attorney–client relationship. For advice about a specific estate or to prepare documents and filings, consult a licensed Texas attorney.