Texas Executor Bond

Executor bonds for Texas estates,
filed the day the court orders them.

Required of the personal representative named in a Texas will when the court orders bond under Estates Code Chapter 305 — typically when the will is silent on bond, when dependent administration is ordered, or when the executor is a non-resident. Premium typically 0.5%–1% of bond amount for well-qualified applicants.

  • Independent and dependent executors
  • Non-resident executor placement
  • Harris County probate courts 1–4
What it is

The fiduciary bond named executors post to serve.

A Texas executor bond is a fiduciary surety bond filed with the probate court by the person named in the decedent's will as personal representative. It guarantees the executor will administer the estate honestly and in compliance with the will and the Texas Estates Code.

The bond protects heirs, beneficiaries, and creditors from losses caused by the executor's misconduct — misappropriation, self-dealing, failure to account, or unauthorized distributions. If a valid claim is paid, the surety collects the full amount back from the executor personally.

The bond is continuous. It stays in force until the court discharges the executor at the close of administration. Premium is billed annually. The estate reimburses the premium as an administrative expense.

What you pay

Premium scales with bond size and executor credit.

Executor bonds are individually underwritten. The surety reviews the order, the estimated estate value, and the executor's personal credit.

Estate / bond sizePreferred rateStandard rate
Under $100,000
Small estate
$150–$250 (min premium) $250–$400
$100,000–$500,000
Typical residential 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

Estates reimburse the premium as an administrative expense. Non-resident executors may pay 25–50% more due to out-of-state risk.

How to get bonded

Five steps, coordinated with your probate attorney.

  1. 01

    Court orders bond

    At the hearing for letters testamentary, the judge sets the bond amount per Estates Code §305.101.

  2. 02

    Quote & application

    We run a soft credit pull on the executor. Five-minute online or phone application covers most estates.

  3. 03

    Surety approval

    Surety reviews the court order and applicant credit. Standard estates approved same-day; complex or non-resident cases within 1–2 business days.

  4. 04

    Bond issuance

    Bond issued on the probate court-approved form, executed and surety-sealed. Delivered to your attorney for filing with the court clerk.

  5. 05

    Annual renewal

    Bond renews annually until the court discharges you at the close of administration. Estate reimburses the premium.

Legal requirements

Texas statute, issuing court, what the bond covers.

Why Surety Bond Houston

Executor filings move faster with a Houston-based agent.

Harris County routine

We work with Houston probate attorneys every week. The workflow for Probate Courts 1–4 is muscle memory.

Non-resident handled

Out-of-state executors are routine for us — we know which sureties price non-resident risk fairly and which don't.

Attorney-coordinated

Your probate attorney sends the order, we issue, we return for filing. No paperwork logistics for the executor.

FAQ

Executor bond questions we answer every week.

How much does a Texas executor bond cost?

Executor bonds typically run 0.5% to 1% of the bond amount per year for well-qualified applicants. A $500,000 executor bond commonly costs $2,500–$5,000 per year. Small estates under $100,000 may qualify for a minimum premium of $150–$250. Credit-challenged applicants pay 1.5%–3%.

Does every Texas will require an executor bond?

No. Most modern Texas wills include bond-waiver language and request independent administration. If the will waives bond and the court accepts the independent administration, no bond is required. If the will is silent, the named executor is a non-resident of Texas, the court orders dependent administration, or an interested party objects, a bond will be required.

How does the court set the executor bond amount?

Texas Estates Code §305.101 directs the court to set the bond based on the estimated value of the estate's personal property plus one year of expected income. Real property is generally excluded unless the executor has power to sell it. The judge orders the bond amount at the first hearing when letters testamentary are issued.

How quickly can you file an executor bond with Harris County probate court?

For standard estates with a cooperative executor and clean credit, we issue the bond the same business day the court order is provided. Your attorney typically files the executed bond with the probate court clerk within one business day of receiving it from us.

What is the difference between an executor bond and an administrator bond?

An executor is named in the decedent's will and serves when the will is admitted to probate. An administrator is appointed by the court when there is no will or when the named executor cannot serve. Both post fiduciary bonds under Estates Code §305 — the underwriting, pricing, and form are functionally identical.

Can an executor with weak credit still get bonded?

Yes. Standard sureties look for 650+ credit and a clean background. Applicants with derogatory credit typically pay 1.5% to 3% of the bond amount. For very weak credit, we may require a co-principal, partial collateral, or placement with a specialty surety that focuses on court bonds with credit flexibility.

What happens if a beneficiary files a claim against my executor bond?

The surety investigates through the probate court record. If the claim is valid — misappropriation, failure to account, unauthorized distributions, self-dealing — the surety pays the harmed party up to the bond amount, then seeks full reimbursement from the executor personally. A paid claim typically also leads to court removal and potential criminal referral.

Ready when you are

Get your Texas executor bond today.

Same-day issuance. Attorney-coordinated filing. Harris County and all Texas probate courts.