How to Get a Probate Bond in Texas: From Court Order to Filing
How to get a Texas probate bond: what to gather from the court's order, how the surety issues it, and how the bond is filed and approved within 21 days.
Texas Administrator Bond
Administrator bonds for intestate estates,
Administrator bonds for intestate estates,
issued fast for Harris County courts.
Posted by Texas administrators appointed by a probate court — dependent or temporary administrators, administrators with the will annexed, and administrators of intestate estates — unless the heirs agree to an independent administration and the court waives bond. Governed by Texas Estates Code Chapter 305. Premium typically 0.5%–1% of bond amount.
- Dependent and temporary administrators
- Administrator with will annexed (CTA)
- Harris County Probate Courts 1–5
What it is
What is an administration bond for an estate?
A Texas administrator bond, often called an administration bond, is a fiduciary surety bond posted by the court-appointed personal representative of an estate — typically when the decedent died without a will (intestate), when the named executor cannot serve, or when heirs request dependent administration.
The bond guarantees the administrator will manage estate assets honestly and in compliance with the Texas Estates Code. It protects heirs, distributees, and creditors from losses caused by administrator misconduct: misappropriation, failure to account, unauthorized distributions, or self-dealing.
The bond stays in force continuously until the court discharges the administrator at the close of administration. Premium is paid annually. The estate reimburses the premium as an administrative expense.
No will
Heirship and administration: when the heirs can skip the bond.
When someone dies without a will, the court first has to decide who the heirs are. That decision controls whether the administrator posts a bond.
1. Heirship first
The court cannot appoint an independent administrator in an intestate estate until an heirship proceeding (Estates Code Chapter 202) has determined that the people asking are all of the heirs (§401.003(b)). In practice the heirship application and the administration application are usually filed and heard together.
2. All heirs agree
Every distributee must agree to an independent administration and designate the administrator (§401.003(a)). A guardian can consent for an incapacitated heir if the court finds it in that heir's best interest (§401.004(c)).
3. Bond waived, or not
In an independent administration the administrator posts bond unless the court waives it on application (§401.005(a)). If the heirs can't all agree, the result is a dependent administration, and the administrator posts bond.
Harris County practice
Harris County Probate Court No. 5's heirship-and-administration checklist states "no independent if minors are involved." That is that court's practice, not a statute. Expect a dependent administration with a bond there when an heir is a minor.
There is a will, but no executor
Administrator with the will annexed.
When a will names no executor, or every executor it names has died, is disqualified, or files an affidavit declining to serve, the court appoints an administrator with the will annexed instead. That administrator follows the will but is not the person it named.
That matters for the bond. The will's no-bond clause covers "a person named as executor" (§305.101(b)), so it does not excuse an administrator with the will annexed automatically. Expect a bond unless the distributees agree to an independent administration and the court waives bond on application (§401.002(b), §401.005(a)).
When the bond changes
Selling real estate and other bond increases.
Real estate is not part of the original bond amount, which covers personal property and 12 months of income (§305.153). That changes when you sell. In an administration with a general bond, the court must decide before approving a sale whether the bond still protects the estate once the sale money comes in. If it doesn't, the court cannot approve the sale until the bond is increased, or an additional bond is given, by the sale price plus anything else the court finds necessary (§356.554).
Any order requiring a new bond freezes you. Until the new bond is given and approved, you may not pay out estate money or take any other official action except to preserve estate property (§305.254(b)). Send us the order the day it is signed.
What you pay
Premium scales with estate size and administrator credit.
Administrator bonds are individually underwritten. The surety reviews the order, the estimated estate value, and the administrator's credit.
| Estate / bond size | Preferred rate | Standard rate |
|---|---|---|
| Under $100,000 Small estate | $150–$250 (min premium) | $250–$400 |
| $100,000–$500,000 Typical estate | 0.5% of bond | 0.75–1.0% of bond |
| $500,000–$2,000,000 Upper-middle estate | 0.5% of bond | 0.75% of bond |
| Over $2,000,000 High-value estate | 0.4% of bond (tiered) | 0.5–0.7% of bond |
Estate reimburses premium as administrative expense. Dependent administrations priced the same as independent.
For how the court sets the amount, who pays, and how to lower it, read our full cost guide to Texas probate bonds.
How to get bonded
Five steps, coordinated with your probate attorney.
- 01
Court sets bond amount
Judge orders the bond at the hearing when letters of administration are issued, under Estates Code §305.153.
- 02
Quote & application
Soft credit pull on the administrator. Five-minute application covers most estates. Co-administrators and temporary administrators: our probate bond application guide covers joint bonds and the shorter filing window.
- 03
Surety review
Surety reviews the court order and applicant credit. Standard estates approved same-day; complex cases in 1–2 business days.
- 04
Bond issuance
Bond issued on the court-approved form, executed and surety-sealed, delivered to your attorney for filing.
- 05
Annual renewal
Bond renews annually until the court discharges the administrator at close of administration.
Legal requirements
Texas statute, issuing court, what the bond covers.
Statute
Texas Estates Code Chapter 305 governs bonds of personal representatives. §305.101 sets when a bond is required and when a will can excuse it; §305.153 sets the amount — personal property plus 12 months of expected income.
Issuing court
The probate court where the estate is administered. Harris County uses Probate Courts 1 through 5.
When bond is required
In a dependent administration, yes, unless the administrator is a corporate fiduciary (§305.101(c)). In an intestate estate where heirship has been declared and every heir agrees to an independent administration, the court can waive the administrator's bond on application (Estates Code §401.003, §401.005(a)).
Term
Continuous until the court discharges the administrator. Premium billed annually.
Who can claim
Heirs, distributees, creditors, and other interested persons harmed by the administrator's misconduct.
Why Surety Bond Houston
Administrator filings need a responsive agent.
Harris County routine
Every week, Houston probate attorneys send us administrator orders. The workflow is reflex.
Credit flexibility
Administrators with credit issues, new ventures, or thin files — we know which specialty sureties place them.
Attorney-coordinated
Your attorney sends the order, we issue, we return for clerk filing. No logistics headaches.
Related bonds
Other fiduciary bonds we write.
FAQ
Administrator bond questions we answer every week.
How much does a Texas administrator bond cost?
Administrator bonds typically run 0.5% to 1% of the bond amount per year for well-qualified applicants. A $500,000 administrator bond commonly costs $2,500–$5,000 per year. Small estates may qualify for a minimum premium of $150–$250. Credit-challenged administrators pay 1.5%–3% of the bond amount.
Is an administration bond always required for a Texas intestate estate?
Usually, but not always. With no will, nothing waives bond in advance, so a court-appointed administrator normally posts one. The exception: once an heirship proceeding has declared who all the heirs are (Estates Code §401.003(b)), the heirs can agree to an independent administration and designate the administrator, and the court may waive the bond on application (§401.003(a), §401.005(a)). In a dependent administration, the administrator posts bond unless it is a corporate fiduciary (§305.101(c)).
What amount will the court set for the administrator bond?
Texas Estates Code §305.153 sets the bond at the estimated value of the estate's personal property plus the income expected over the next 12 months — interest, dividends, collectible claims, and rents (Social Security payments are excluded). Real estate is not part of that formula, and depositing estate cash in a court-restricted account reduces the bond. For dependent administrations, the court sets the bond at the first hearing when it issues letters of administration.
How fast must a temporary administrator file the bond?
Within three business days. A temporary administrator must file the bond, in the amount the court orders, with the county clerk not later than the third business day after the appointing order (Estates Code §452.004(b)). Call us the day the order is signed.
Can I get an administrator bond with less-than-perfect credit?
Yes. Preferred rates go to strong-credit applicants, but sureties write administrator bonds across the credit spectrum. Applicants with derogatory credit typically pay 1.5%–3% of the bond amount. In very difficult cases, the surety may require a co-principal or partial collateral (usually 10–25% of the bond amount).
What is a dependent administration, and does it affect my bond?
Texas distinguishes independent administration (minimal court supervision) from dependent administration (close court supervision, required for every significant act). When heirs cannot agree on independent administration, the court orders dependent administration, and a court-appointed administrator in a dependent administration posts bond. The bond amount and pricing are the same; the difference is in court procedure, not surety underwriting.
How quickly can an administrator bond be filed in Harris County?
For standard estates with clean credit, same-day issuance is typical. We prepare the bond on the probate court-approved form and deliver it to your attorney, who files it with the Harris County probate court clerk. Bond filing is usually complete within one business day of the court order.
What happens if a claim is filed against the administrator bond?
If an heir or creditor believes the administrator misappropriated funds, failed to account, or otherwise breached fiduciary duty, they file a claim with the surety. The surety investigates via the probate court record. Valid claims are paid up to the bond amount; the surety then seeks reimbursement from the administrator personally. Paid claims typically lead to removal and potential criminal referral.
Ready when you are
Get your Texas administrator bond today.
Same-day issuance. Attorney-coordinated filing. Harris County and all Texas probate courts.