Texas Guardianship Bond

Guardianship bonds,
required on every Texas guardianship.

Required under Texas Estates Code §1105 for every guardian — guardian of the person, guardian of the estate, or both. Cannot be waived. Premium typically 0.5%–1% of bond amount for well-qualified applicants.

  • Harris County probate courts 1, 2, 3, and 4
  • Guardian of person, estate, or combined
  • Attorney-coordinated filing
What it is

The fiduciary bond every Texas guardian must post.

A Texas guardianship bond is a fiduciary surety bond required under Estates Code §1105 before any court can qualify a guardian. It protects the ward — the incapacitated adult or minor — from losses caused by the guardian's misconduct, self-dealing, or negligence.

Unlike executor bonds, guardianship bonds cannot be waived. Texas law recognizes that wards — by definition — cannot protect themselves, and the bond serves as the financial safeguard that makes guardianship workable. The only exception is for corporate fiduciaries posting a blanket bond under §1105.055, which covers a book of corporate guardianships at once.

The bond stays in force until the court discharges the guardian — at the ward's death, recovery of capacity, or majority, or when a successor guardian is appointed. Premium is annual, and the ward's estate reimburses the guardian through the annual accounting.

What you pay

Premium scales with bond amount and applicant credit.

Guardianship bonds are underwritten on the guardian's credit and the size of the ward's estate. Pricing is similar to probate bonds but often slightly higher because the guardianship term is typically longer.

Ward's estate / bond size Preferred rate Standard rate
Under $50,000
Minor or small guardianship
$150–$250 (min premium) $250–$400
$50,000–$250,000
Standard guardianship
0.5% of bond 0.75–1.0% of bond
$250,000–$1,000,000
Larger ward estate
0.5% of bond 0.75% of bond
Over $1,000,000
High-value ward estate
0.4% of bond (tiered) 0.5–0.7% of bond

Premium is reimbursed from the ward's estate through the annual accounting. Multi-year terms available at a small discount.

How to get bonded

Five steps, coordinated with your guardianship attorney.

  1. 01

    Court sets bond amount

    At the qualification hearing, the judge orders the bond amount based on ward's estate value per Estates Code §1105.101. Attorney sends us the order.

  2. 02

    Quote & application

    Call or start online. Soft credit pull on the proposed guardian. Five-minute application for standard cases.

  3. 03

    Surety review

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

  4. 04

    Bond issuance

    Bond issued on the probate court-approved form, executed and surety-sealed, and delivered to your attorney for filing. Guardian qualifies once bond is on file.

  5. 05

    Annual renewal & accounting

    Bond renews annually. The premium is reimbursed to the guardian from ward assets as part of the annual accounting to the court.

Legal requirements

Texas statute, issuing court, what the bond covers.

Why Surety Bond Houston

Guardianships need a surety agent who knows the court.

Harris County experience

We work with Houston guardianship attorneys every week. Forms, orders, and workflows for Probate Courts 1–4 are routine for us.

Annual accounting coordination

We provide premium records and renewal documentation to match the annual accounting your attorney files with the court.

Difficult cases placed

Weak credit, contested guardianships, successor appointments — we know which sureties write which files.

FAQ

Guardianship bond questions we answer every week.

How much does a Texas guardianship bond cost?

Guardianship bonds typically cost 0.5% to 1% of the bond amount per year for applicants with good credit. A $250,000 guardian-of-the-estate bond commonly runs $1,250 to $2,500 per year. Smaller estates qualify for minimum premiums of $150 to $250. Pricing depends on the ward's estate size and the guardian's credit.

Can a Texas guardianship bond be waived?

No. Unlike probate executor bonds, guardianship bonds cannot be waived by the ward or by any document. Texas Estates Code §1105 requires a bond on every guardianship — guardians of the person, guardians of the estate, and guardians of both. The only exception is for corporate fiduciaries that post a blanket bond under §1105.055.

Who pays for the guardianship bond — the guardian or the ward?

The guardian signs the bond personally, but the premium is an administrative expense of the ward's estate. Texas probate courts — including Harris County Probate Courts 1, 2, 3, and 4 — routinely approve reimbursement of the premium from ward assets as part of the annual accounting.

What is the difference between a guardian of the person and a guardian of the estate?

A guardian of the person makes decisions about the ward's care, residence, and medical treatment. A guardian of the estate manages the ward's property and finances. Both require bonds under Estates Code §1105, though the estate bond is typically larger because it tracks the ward's asset value. One person may serve as both, in which case a combined bond is posted.

How fast can I get a Texas guardianship bond issued?

For standard guardianships with cooperative applicants and clean credit, same-day to next-day issuance is typical. The surety reviews the applicant's credit, the court order, and the ward's estate information, then files the bond with the court clerk. Harris County filings typically complete within one business day of issuance.

What amount will the court set for the guardianship bond?

Texas Estates Code §1105.101 directs the court to set the bond at an amount reflecting the ward's estate value plus one year of estimated income. Real property is generally excluded unless the guardian has power to sell it. The bond can be adjusted by court order as the estate changes. Small guardianships of the person often receive minimum bonds of $1,000 to $5,000.

Can I get a guardianship bond with bad credit?

Yes, though premium adjusts. Standard sureties look for 650+ credit. Applicants with derogatory credit typically pay 1% to 2% of the bond amount. Weak-credit applicants may need a co-principal, partial collateral, or placement with a specialty surety. We write difficult guardianship files regularly.

Ready when you are

Get your Texas guardianship bond today.

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