Executor & administrator bonds,
filed the same day the court orders them.
Required of Texas executors and administrators when the will does not waive bond, when the court orders a dependent administration, or when an interested party requests one under the Texas Estates Code. Premium typically 0.5%–1% of bond amount for well-qualified applicants.
- Harris County probate courts 1, 2, 3, and 4
- Executor, administrator, and dependent admin
- Attorney-coordinated filing
The fiduciary bond Texas probate courts require.
A Texas probate bond is a fiduciary surety bond filed with the probate court to guarantee that the executor or administrator will manage estate assets honestly and in compliance with Texas law. It protects heirs, beneficiaries, and creditors from losses caused by fiduciary misconduct.
"Probate bond" is the umbrella term in Texas Estates Code practice. It covers executor bonds (for estates with a will admitted to probate), administrator bonds (for intestate estates), dependent administrator bonds (where the court exercises close supervision), and temporary administrator bonds. All are priced and underwritten similarly: on the fiduciary's credit, the estate size, and the expected complexity of the administration.
The bond stays in force until the court discharges the fiduciary at the close of administration. Premium is paid annually, and the estate reimburses the fiduciary as an administrative expense.
Premium scales with bond amount and applicant credit.
Probate bonds are underwritten individually. Pricing depends on the estate size, the fiduciary's credit, and the complexity of the administration.
| Estate / bond size | Preferred rate | Standard 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 |
The estate typically reimburses the premium as an administrative expense. Multi-year terms available at a modest discount.
Five steps, coordinated with your probate attorney.
- 01
Court sets bond amount
At the first hearing, the judge orders the bond amount based on estate value per Estates Code §305.101. Your attorney gives us the order.
- 02
Quote & application
Call or start online. Soft credit pull on the executor or administrator. Five-minute application for most estates.
- 03
Surety review
Surety reviews the court order and applicant credit. Standard estates approved same-day; larger or complex estates 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 with the court clerk.
- 05
Annual renewal
Bond renews annually until the court discharges the fiduciary at the close of administration. Estate reimburses premium as an administrative expense.
Texas statute, issuing court, what the bond covers.
Texas Estates Code Chapter 305 governs bonds of personal representatives. §305.101 directs the court to set the bond based on estate value and one year of estimated income.
The probate court where the estate is administered. In Harris County, probate courts 1, 2, 3, and 4 handle all probate matters. Surrounding counties use their constitutional county courts or statutory county courts at law.
Court-set. Typically equal to the personal property value plus one year of estimated estate income. The court can increase or decrease the bond by order as the administration progresses.
Continuous until the court discharges the fiduciary. Premium is billed annually.
Any interested person harmed by fiduciary misconduct — beneficiaries, heirs, creditors — may claim against the bond. The court itself may also enforce claims on behalf of the estate.
Probate work needs an agent who knows the court.
Harris County experience
We work with Houston probate attorneys every week. Forms, orders, and filing workflows for Probate Courts 1–4 are routine for us.
Attorney-coordinated
Your probate attorney sends us the order, we issue, and we deliver the bond back for filing. No back-and-forth with the fiduciary on paperwork logistics.
Difficult cases placed
Weak credit, contested estates, co-executor structures — we know which sureties write which files and place the tough ones.
Other fiduciary and court bonds we write.
Probate bond questions we answer every week.
How much does a Texas probate bond cost?
Probate bonds typically cost 0.5% to 1% of the bond amount per year for applicants with good credit. A $500,000 executor bond commonly runs $2,500 to $5,000 per year. Smaller estates (under $100,000) sometimes qualify for minimum premiums as low as $150 to $250. Larger estates or applicants with credit challenges pay 1% to 2% of the bond amount.
Who pays for the probate bond — the executor or the estate?
The executor or administrator signs the bond personally, but the premium is an administrative expense of the estate. Texas probate courts — including Harris County Probate Courts 1, 2, 3, and 4 — routinely approve reimbursement of the premium from estate assets. If the estate lacks liquidity at the outset, the fiduciary advances the premium and is reimbursed when funds become available.
Can a Texas will waive the probate bond?
Yes. A well-drafted Texas will usually includes bond-waiver language and requests independent administration. If the court admits the will under those terms, no bond is required. If the will is silent, if the executor is a non-resident, if a dependent administration is ordered, or if any interested party objects, the court will require a bond regardless of the will's language.
What amount will the probate court set for the bond?
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's estimated income. Real property is generally excluded unless the executor has power to sell it. The court can later increase or decrease the bond if the estate's value changes. For Harris County, the probate courts typically order the bond amount at the first hearing.
How fast can I get a Texas probate bond issued?
For standard estates with a cooperative executor and clean credit, same-day to next-day issuance is typical. The surety reviews the executor's credit and the estate order, and files the bond with the court clerk or hands it to the attorney for filing. Harris County filing is typically completed within one business day of issuance.
What happens if a beneficiary files a claim against my probate bond?
The surety investigates through the probate court record. If the claim is valid — misappropriation of estate funds, failure to account, self-dealing, unauthorized distributions — the surety pays the harmed party up to the bond amount and then seeks full reimbursement from the executor personally. Paid claims often also lead to court removal of the executor and, in serious cases, criminal referral.
Can I get a probate bond with bad credit?
Yes, though premium adjusts. Standard sureties look for 650+ credit with a clean background. Applicants with derogatory credit typically pay 1.5% to 3% of the bond amount. Very weak credit applicants may need a co-principal or partial collateral. We place difficult files with specialty sureties that focus on the probate book.
Get your Texas probate bond today.
Same-day issuance for standard estates. Attorney-coordinated filing. Harris County and all Texas probate courts.