Tex. Est. Code Section 305.206
Release of Lien on Real Property Owned by Personal Sureties

(a)

A personal surety who has given a lien under Section 305.204 (Lien on Real Property Owned by Personal Sureties) may apply to the court to have the lien released.

(b)

The court shall order the lien released if:

(1)

the court is satisfied that the bond is sufficient without the lien; or

(2)

sufficient other real or personal property of the surety is substituted on the same terms required for the lien that is to be released.

(c)

If the personal surety does not offer a lien on other substituted property under Subsection (b)(2) and the court is not satisfied that the bond is sufficient without the substitution of other property, the court shall order the personal representative to appear and give a new bond.

(d)

A certified copy of the court’s order releasing the lien and describing the property that was subject to the lien has the effect of cancelling the lien if the order is filed with the county clerk of the county in which the property is located and recorded in the deed records of that county.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Source: Section 305.206 — Release of Lien on Real Property Owned by Personal Sureties, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­305.­htm#305.­206 (accessed Jun. 5, 2024).

305.001
Definitions 305.002
Manner of Qualification of Personal Representative 305.003
Period for Taking Oath or Making and Signing Declaration 305.004
Period for Giving Bond 305.051
Oath or Declaration of Executor or Administrator with Will Annexed 305.052
Oath or Declaration of Administrator 305.053
Oath or Declaration of Temporary Administrator 305.054
Administration of Oath 305.055
Filing and Recording of Oath or Declaration 305.101
Bond Generally Required 305.102
Bond Required from Executor Otherwise Exempt 305.103
Bonds of Joint Personal Representatives 305.104
Bond of Married Person 305.106
General Formalities 305.107
Subscription of Bond by Principals and Sureties 305.108
Form of Bond 305.109
Filing of Bond 305.110
Failure to Give Bond 305.111
Bond Not Void on First Recovery 305.151
General Standard Regarding Amount of Bond 305.152
Evidentiary Hearing on Amount of Bond 305.153
Specific Bond Amount 305.154
Agreement Regarding Deposit of Estate Assets 305.155
Deposit of Estate Assets on Terms Prescribed by Court 305.156
Deposits of Personal Representative 305.157
Receipt for Deposits of Personal Representative 305.158
Bond Required Instead of Deposits by Personal Representative 305.159
Withdrawal of Deposits on Closing of Administration 305.160
Increased or Additional Bonds in Certain Circumstances 305.201
Personal or Authorized Corporate Sureties 305.202
Sureties for Certain Bonds 305.203
Affidavit of Personal Surety 305.204
Lien on Real Property Owned by Personal Sureties 305.205
Subordination of Lien on Real Property Owned by Personal Sureties 305.206
Release of Lien on Real Property Owned by Personal Sureties 305.207
Deposits by Personal Surety 305.251
Grounds for Requiring New Bond 305.252
Court Order or Citation on New Bond 305.253
Show Cause Hearing on New Bond Requirement 305.254
Effect of Order Requiring New Bond 305.255
New Bond in Decreased Amount 305.256
Request by Surety for New Bond 305.257
Discharge of Former Sureties on Execution of New Bond
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 305.206’s source at texas​.gov