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Probate Bond

A probate bond guarantees the duties of the administrators, trustees, guardians, executors and other fiduciaries of an estate. Probate bonds are required for the estate of deceased persons, minors, and incompetent persons. As a rule these bonds are filed in a probate court.

When an individual dies, that person has most likely left property and assets to be distributed. This property is referred to as an estate. Frequently, another person will oversee the distribution of the property and assets to the heirs of the estate. In order to provide certain protections to the heirs of the estate, this person must post a probate bond. Following is a discussion of when probate bonds are required, what the bonds are, how the bonds provide protection and the different types of probate bonds available.

  • Probate Bond Protections

    • Generally, a probate bond protects the heirs of an estate. A probate bond provides protection against misrepresentation, fraudulent acts, errors, negligence and theft by the executor or administrator of the estate until the probate process is completed and the property has been distributed to the heirs of the estate.

  • Amount of Probate Bond

    • In the event a probate bond is required, the bond must be for a specified sum. In the event that an executor is required to post a bond pursuant to a last will and testament, the will may indicate the amount. In the event the will does not indicate an amount, the court will specify the amount of the bond. If there is no will and an administrator is appointed, the court will then indicate the amount of the probate bond. This amount varies by the particular jurisdiction and the particular judge setting the amount.

  • Types of Probate Bonds

    • While there are standard probate bonds, there are also other types of bonds utilized in connection with the probate of a will. Where there is an executor, the bond is referred to as a probate bond. In instances where there is an administrator, the bond is called an administrator's bond. Conservator bonds, guardian bonds and trustee bonds are also other types of bonds frequently considered as probate bonds when utilized in accordance with the probate of an estate.

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    Do you own real estate?    yes no
    Annual Receipts / Sales:    (estimated)
     
    Has the applicant, stockholder or indemnitor ever:
    been cancelled by a surety?    yes no
    had a bond claim?    yes no
    declared bankruptcy?    yes no
    had or have prior or pending tax liens?    yes no
    had or have prior or pending lawsuits?    yes no
    been convicted of a felony?    yes no

     
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