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 Guardianship Bond
Guardianship bonds,
Guardianship bonds,
the estate bond no will can waive.
Required under Texas Estates Code §1105 before a guardian qualifies. The guardian-of-the-estate bond can never be waived — not even by a parent's will. Premium typically 0.5%–1% of bond amount for well-qualified applicants.
- Harris County Probate Courts 1–5
- Guardian of person, estate, or combined
- Attorney-coordinated filing
What it is
What is a Texas guardianship bond?
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 an executor bond, the bond of a guardian of the estate cannot be waived — Estates Code §1105.101(d) forbids it even when a surviving parent's will asks. Texas law recognizes that wards — by definition — cannot protect themselves, and the bond is the financial safeguard that makes guardianship workable. The exceptions are narrow: corporate fiduciaries and county guardianship programs are exempt, and a parent's will can excuse a guardian of the person only.
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
How much does a Texas guardianship bond cost?
Most Texas guardians with good credit pay about 0.5% to 1% of the bond amount per year — roughly $500 to $1,000 a year on a $100,000 bond — with a $150–$250 minimum on small estates. The premium is paid from the ward's estate, not the guardian's own pocket (Estates Code §1105.161(b)). Pricing turns on the guardian's credit and the size of the ward's estate.
| Ward's estate / bond size | Preferred rate | Standard rate | Example yearly premium |
|---|---|---|---|
| Under $50,000 Minor or small guardianship | $150–$250 (min premium) | $250–$400 | $25,000 bond: $150–$400 |
| $50,000–$250,000 Standard guardianship | 0.5% of bond | 0.75–1.0% of bond | $100,000 bond: $500–$1,000 |
| $250,000–$1,000,000 Larger ward estate | 0.5% of bond | 0.75% of bond | $500,000 bond: $2,500–$3,750 |
| Over $1,000,000 High-value ward estate | 0.4% of bond (tiered) | 0.5–0.7% of bond | $2,000,000 bond: $8,000–$14,000 |
Premium is paid from the ward's estate (Estates Code §1105.161(b)) and renews each year until the court discharges the guardian. Examples apply the rates in this table to one bond size per row.
Executors and administrators post a similar bond under a different chapter. Our guide to Texas probate bond costs covers how that bond is sized, who pays, and how to lower it.
How to get bonded
How to get a guardianship bond in Texas.
The clock starts at the order. Texas Estates Code §1105.003(a) gives the guardian until the 21st day after the order granting letters to take the oath and have the bond given and approved — after that, the letters can be revoked for failure to qualify. Five steps, coordinated with your guardianship attorney.
- 01
Court sets bond amount
At the qualification hearing, the judge orders the bond amount based on the ward's estate value under Estates Code §1105.154. Attorney sends us the order.
- 02
Quote & application
Call or start online. Soft credit pull on the proposed guardian. Five-minute application for standard cases.
- 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.
- 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.
- 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.
Statute
Texas Estates Code Chapter 1105 governs guardianship bonds. §1105.101 requires the bond and lists the exceptions (corporate fiduciaries, county guardianship programs, and a guardian of the person excused by a surviving parent's will); §1105.154 sets the amount for a guardian of the estate.
Issuing court
The probate or statutory county court where the guardianship is created. In Harris County, Probate Courts 1 through 5 handle guardianship matters.
Bond amount
Court-set. Typically equal to the ward's personal property value plus one year of estimated income. Real property generally excluded unless the guardian has power to sell.
Term
Continuous until the court discharges the guardian — on the ward's death, recovery of capacity, majority, or appointment of a successor. Premium billed annually.
Who can claim
The ward, or any interested party on the ward's behalf — family, court investigator, successor guardian — harmed by guardian misconduct. The court may also enforce claims.
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 1–5 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.
Related bonds
Other fiduciary and court bonds we write.
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?
Not for a guardian of the estate. Texas Estates Code §1105.101(d) says the court may not waive the bond of a guardian of the estate, even if a surviving parent's will or written declaration asks it to. A guardian of the person only is different: if a surviving parent's probated will or written declaration names that guardian and directs them to serve without bond, the court issues letters without one (§1105.101(c)). Corporate fiduciaries and county-run guardianship programs are exempt altogether (§1105.101(b)).
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 Estates Code §1105.161(b) makes the cost of a bond with corporate sureties an expense of the guardianship, so the premium is paid from the ward's estate rather than the guardian's own pocket.
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 §1105.154 sets a guardian of the estate's bond at the estimated value of the ward's personal property plus the income expected over the next 12 months (Social Security payments are excluded); depositing assets in a court-restricted account reduces it. When there is only a guardian of the person, §1105.102 lets the court choose the type and amount, and it may accept a personal bond with no surety at all. The bond can be adjusted by court order as the estate changes.
Can I get a guardianship bond with bad credit?
Yes, though premium adjusts. 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.
How long does a guardianship bond last?
As long as the guardianship does. The premium renews every year until the court discharges the guardian — at the ward's death, restored capacity, or majority, or when a successor is appointed. Letters of guardianship expire one year and four months after they issue unless renewed (Estates Code §1106.002), and for a guardian of the estate the clerk renews them only after the court approves the annual account (§1106.003(a)).
What bond options does a guardian of the person have?
When there is no guardian of the estate, Estates Code §1105.102(b) lets the court accept a corporate surety bond, a personal surety bond, a cash deposit instead of a surety bond, or a personal bond with no surety at all. The court sets the type and amount. A guardian of the estate has no such flexibility: that bond is set under §1105.154 and can never be waived.
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.