Court and Probate Bonds

Fiduciary bonds

Executors, administrators, guardians and conservators may be required to post a bond that protects heirs, wards and creditors if the fiduciary mishandles assets. Some wills waive the bond requirement, but the court decides.

Judicial bonds

Appeal bonds, injunction bonds and replevin bonds are examples of judicial bonds. Underwriting often involves the applicant's finances and sometimes collateral, especially for appeal bonds.

Timing matters

Court deadlines can be tight. Have the court order or case details ready when you request a bond so underwriting can begin quickly.

Common fiduciary bonds

• Executor or personal representative bonds in probate estates
• Administrator bonds when someone dies without a will
• Guardian and conservator bonds for minors or incapacitated adults
• Trustee bonds where a court supervises a trust

How the amount is set

For fiduciary bonds, the court usually ties the bond amount to the value of the personal property and income the fiduciary will control, and the rules differ by state and by court. A court may lower the bond if assets are placed in a restricted account that cannot be withdrawn without a court order. For appeal bonds, many courts set the amount based on the judgment plus interest and costs.

What underwriters look at

Fiduciary bonds are often underwritten on the applicant's personal credit and the presence of an attorney handling the estate. Larger estates or applicants with credit issues may need extra review. Judicial bonds such as appeal or injunction bonds involve more risk for the surety and commonly need detailed financial information, and collateral is often requested.

Ending the bond

A probate bond usually stays in force until the court approves the final accounting and discharges the fiduciary. Keep paying the renewal premium until you receive the court's discharge order and send a copy to the surety, so the bond can be closed.

Frequently asked questions