Sec. 305.156. DEPOSITS OF PERSONAL REPRESENTATIVE. (a) Instead of giving a surety or sureties on a bond, or to reduce the amount of a bond, a personal representative may deposit the representative's own cash or securities acceptable to the court with a depository described by Subsection (b), if the deposit is otherwise proper.
(b) Cash or securities must be deposited under this section in:
(1) a depository described by Section 305.154(c); or
(2) any other corporate depository approved by the court.
(c) A deposit may be in an amount or value equal to the amount of the bond required or in a lesser amount or value, in which case the amount of the bond is reduced by the amount or value of the deposit.
(d) The amount of cash or securities on deposit may be increased or decreased, by court order from time to time, as the interest of the estate requires.
(e) A deposit of cash or securities made instead of a surety or sureties on a bond may be withdrawn or released only on order of a court having jurisdiction.
(f) A creditor has the same rights against a personal representative and deposits made under this section as are provided for recovery against sureties on a bond.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
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