Estate / Administer The Estate / Review Bond Requirements

Review Bond Requirements

Because Administrators and Executors are in charge of the deceased's savings, property, and more, their job carries a lot of responsibility.

As such, there is risk that mistakes could be made, either accidentally, or purposely.

Therefore, some state Probate Courts require that a Probate Bond be issued to protect the Estate from any losses or wrongdoing that may occur while it's being settled (also known as a Surety, Executor, Estate, or Fiduciary Bond).

If the deceased's Last Will & Testament specifically states that one is not required, then it is up to Probate Court to determine its necessity.

However, if Probate Court does not require a Bond, a surviving family member, Heir or other Beneficiaries or Creditors may petition the court and request for one.

The size of the Bond is typically proportional to the size of the Estate and companies who issue the bond typically charge a non-reimbursable fee and may review a person's credit history and run a background check.

Typically the Executor or Administrator will pay for the Bond directly and be reimbursed by the Estate once Probate is complete, unless a Will allocates money for it.

The Executor or Administrator should expect to receive the full amount back if no harm has been done to the Estate during Probate.