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Who Pays for a Probate Bond in Texas? (2025)

When a loved one passes away and you’re suddenly in charge of their estate, one unexpected question might pop up: What’s a probate bond—and who’s footing the bill? It’s one of those lesser-known probate details that can cause confusion, especially if you’re named as executor or administrator.

Let’s walk through what a probate bond is, when it’s required in Texas, how much it might cost, and—most importantly—who ends up paying for it.

What Is a Probate Bond?

A probate bond (also called an executor bond or fiduciary bond) is a type of insurance that protects the estate and its heirs in case the executor mishandles the estate.

In plain English? The bond is a financial safety net. If you accidentally (or intentionally) mismanage assets, the bond company pays the heirs and then comes after you for reimbursement. It’s the court’s way of making sure the person handling the estate does the job honestly and responsibly.

When Is a Probate Bond Required in Texas?

In Texas, a probate bond is usually required unless:

• The will specifically waives the bond requirement for the executor, or

• All heirs agree to waive the bond (in certain cases)

If there’s no will—or if the will doesn’t waive the bond—the court will almost always require one. This is especially true in dependent administrations where the court supervises every step.

Who Pays for the Probate Bond?

Here’s the key detail: The cost of the probate bond is paid from the estate—not out of the executor’s personal pocket (at least not usually).

So if you’re named executor and worried you’ll have to cover a $1,000 bond premium with your own funds, breathe easy. Once the estate is opened, bond costs are typically reimbursed by the estate’s assets.

That said, you may need to pay for the bond upfront and then seek reimbursement once estate funds are accessible.

Example:

Let’s say you’re appointed executor of your sister’s estate. The court requires a $50,000 probate bond. You apply through a bonding company, and the premium is $500. You pay this out of pocket. After the estate is officially opened and funds are available, you submit your receipt and get reimbursed.

How Much Does a Probate Bond Cost?

The bond premium is a small percentage of the total bond amount, typically ranging from 0.5% to 1% depending on your credit score and the size of the estate.

Average bond costs:

• $25,000 bond → $125–$250 premium

• $50,000 bond → $250–$500 premium

• $100,000 bond → $500–$1,000 premium

People with strong credit usually pay less. If your credit is poor, you may face a higher rate—or you might not qualify without a co-signer.

Can You Avoid the Probate Bond Altogether?

Yes—in some cases:

1. If the Will Waives It: Many well-drafted wills explicitly say that the executor serves “without bond.” Courts honor this.

2. If the Heirs Agree: In certain intestate (no will) cases, all heirs can sign a waiver asking the court to skip the bond. Judges have discretion here.

3. Independent Administration: If the court grants independent administration and the will waives bond, you’re often in the clear.

But if there are disputes among heirs, debts to manage, or concerns about the executor’s conduct, expect the court to require the bond.

Why Does the Court Require a Bond?

Think of it as insurance for the estate. Probate can involve large sums of money, family property, and complicated finances. If something goes wrong—like assets disappearing or taxes unpaid—the bond protects the beneficiaries from loss.

It’s not personal. It’s just the court making sure everyone plays fair.

How The Lange Firm Helps With Probate Bonds

Probate bonds aren’t the most glamorous part of settling an estate—but they’re important. At The Lange Firm, we help executors and administrators:

• Determine whether a bond is required

• Apply for the bond and understand the process

• Navigate reimbursement from estate funds

• Request a waiver if appropriate

• Handle any court objections or complications

Whether you’re local to Houston or dealing with probate anywhere in Texas, we’re here to help you through it.

Final Takeaway

If the court requires a probate bond, don’t panic. It’s usually reimbursable and serves a real purpose: protecting everyone involved. The key is understanding the rules, planning ahead, and keeping good records.

If you’ve been named executor or administrator and have questions about bond requirements, let’s talk. We’ll help you sort it out so you can focus on what matters—honoring your loved one’s legacy.

Contact The Lange Firm today to schedule a consultation and get clear answers on probate bonds and the entire estate process.