Updated September 7, 2026. Quick answer: In Texas, texas requires a person to whom letters testamentary or of administration will be issued to enter into a bond before the letters issue, except as otherwise provided by the Estates Code title.
Does Texas require an executor to post a bond?
Texas requires a person to whom letters testamentary or of administration will be issued to enter into a bond before the letters issue, except as otherwise provided by the Estates Code title.
“Letters testamentary shall be issued without the requirement of a bond to a person named as executor in a will probated in a court of this state if: (1) the will directs that no bond or security be required of the person”
Source: Tex. Estates Code § 305.101
Can the will waive it in Texas?
Yes. Letters testamentary shall be issued without bond to a person named executor in a probated will if the will directs that no bond or security be required and the court finds the person qualified.
If a DIY will is the right route for you in Texas
Because Texas’s own bond rule turns on what your will says, a properly executed will is the actual lever here, not paperwork on the side. LawDepot builds a state-specific last will and testament, which you then sign and witness under your state’s rules.
LawDepot pays us a commission if you buy through this link and it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Can the heirs or beneficiaries waive it in Texas?
No. The fetched section (§ 305.101) ties waiver to the will’s own no-bond direction and to corporate-fiduciary status; it contains no independent heir/beneficiary-consent waiver mechanism for administrators, who are almost always required to post bond.
If a bond is required, how much?
When a bond is required, Texas sizes it at 100% of the estimated value of the personal estate plus expected annual income, per its own bond-amount statute.
“the estimated value of all personal property belonging to the estate”
Source: Tex. Estates Code § 305.153
What makes Texas different
Texas’s independent-administration culture means most wills routinely waive bond for the named executor, but administrators appointed without a will (or without a bond waiver) are almost always required to post one; bond is the rule for intestate/dependent administration and the exception mainly exists for testate independent executors.
A note on sourcing: The official Texas Legislature statutes site returned only navigation content to the fetch tool this session; verified instead via texas.public.law, a legal-citation mirror quoting the Estates Code section verbatim with its official citation.
| Bond-requirement source | Tex. Estates Code § 305.101 |
| Texas courts (general reference) | Texas judicial branch |
| Confidence | Medium |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in Texas.