Arizona Administrator and Executor Bonds

Arizona Administrator and Executor Bond

An administrator or executor, more commonly known as a personal representative, is appointed to work on behalf of a decedent’s estate. Pursuant to Title 14, Article 6, of the Arizona Revised Statutes, personal representatives must hold a surety bond, enforced on the county level, throughout the entirety of settlement of the estate. 

This probate bond for administrators (appointed by a court) and executors (named in the will) is provided by Jet Insurance Company to ensure recompense for anyone financially harmed by the personal representative’s actions.

APPLY FOR BOND

Applying for the bond with Jet is simple. Our goal is to get the personal representative bonded affordably and efficiently so they can focus on closing the estate.

How Much Does the Bond Cost?

The cost is only a small percentage of the bond limit which is determined by the clerk of superior court (registrar) based on the value of personal property, real estate, and the income expected from both of those during the upcoming year. 

A soft credit check of the personal representative must be completed. When applicable, a copy of the will should be uploaded to help determine an approved rate.

Order of Appointment for Personal Representative

Upon the death of an estate owner, and whether the proceedings are formal (without will) or informal (with will), a personal representative is appointed to close the estate. The list below shows the order for which a personal representative is appointed:

  1. Person named in the will, in informal proceedings only
  2. Surviving spouse who is a *devisee
  3. Other devisees
  4. Surviving spouse (not a devisee)
  5. Other heirs
  6. The Department of Veterans’ Services, if the decedent was a veteran
  7. Any creditor, aside from a funeral director/establishment, 45 days following the death of the estate owner
  8. Public fiduciary

*A devisee is a person named in the will to receive real or personal property.

A personal representative can object to appointment in formal proceedings only.

Why Is the Executor and Administrator Bond Required in Arizona?

In Arizona, the clerk of court in each county is responsible for regulating administrators and executors for the wellbeing of estates and their beneficiaries while going through the probate process. Duties of the personal representative, stated in Title 14, Article 7, of the Arizona Revised Statutes, include filing income tax returns, taking inventory of all assets, and preserving and managing the estate. The surety bond acts as a guarantee to the inheritors that these duties, among others, will be upheld. Failure to do so can lead to a claim payout on the Executor or Administrator Bond.

Who Is Excluded from the Bond Requirement?

Personal representatives in Arizona must secure a bond unless the following criteria are met:

  1. The will states that no bond is required
  2. All beneficiaries file a written waiver of the bond requirement with the court
    1. A guardian/conservator may file a waiver on the ward’s behalf unless they are the personal representative
  3. The personal representative is one of the following:
    1. National banking association
    2. Holder of banking permit
    3. Savings/loan association able to conduct trust business
    4. Title insurance company
    5. Public fiduciary
    6. Certificate holding trust company who engages in trust business with the superintendent of the financial institution division
  4. The petition for appointment indicates it is a small estate under section 14-3973 of the Arizona Revised Statutes, and the spouse or nominee of spouse applies for appointment
    1. The court can still require a bond in this case if the registrar deems it necessary
    2. The court will require a bond if they later find the estate to exceed the originally petitioned value that puts it under section 14-2973

How Does the Application Process Work With Jet?

Jet’s application takes only a few minutes to complete. Once the required information is submitted, Jet does a quick review and delivers a rate that is available to purchase online. Required information includes the social security number of the personal representative, the bond limit, and an uploaded copy of the will (when applicable). Let us know within the application where the bond needs to be sent, and you will also receive an electronic copy immediately after purchase.

How Does the Bond Get Filed to the Clerk of Court?

The bond is to be filed with the clerk of court in the county where the estate is being settled. Typically, the court requires an original bond in their office with signatures from both the surety company (Jet) and the personal representative. Once Jet fills out the bond form, it is sent to the personal representative’s address of choice. Once signed by the administrator or executor, they are responsible for filing it with the court. A chart of all superior courts in Arizona is located at the bottom of the page.

When Does the Personal Representative's Obligation End?

Administrator and Executor Bonds must be on file until final accounts have been approved by the clerk of superior court and the estate is closed. Once the court approves final accounting of the estate, the registrar will release the personal representative from future duties. Estates not settled within the first year of administration will require the bond to be extended, if only purchased for a one year at time of payment. The personal representative will receive a notice from Jet, via both mail and email, with plenty of time to make the renewal payment.

In informal (unsupervised) probate, the bond must stay on file for one year after the closing statement is filed with the court; the estate will remain open but inactive during this time. If no proceedings are brought against the personal representative within the year, the estate will be closed and the personal representative will be released from duties and liability. 

In formal (supervised) probate, a petition to settle the estate is to be filed with the court. The court will decide if the estate is ready to be closed by reviewing the final accounting from the personal representative. If approved, the registrar will release the personal representative of further obligations.

Any surety bond required by the registrar should remain active and on file until the court deems it safe to release the personal representative and Jet (surety company) of liability. Failure to uphold the bond can result in removal of the personal representative by the court, and a new personal representative would be appointed.

Will a Refund Be Available if the Bond Is Cancelled Early?

Bonds purchased on one-year terms are fully earned, meaning no refund is available if cancelled early. However, if a multi-year bond is purchased and cancelled early within the second or third year, Jet will calculate a refund based on the remaining amount of time left on the bond. Before doing so, the court must release Jet of liability on the bond and then the money can be returned to the administrator or executor when appropriate.

How Are Bond Claims Avoided?

Administrators and executors are relied on by the clerk of court and the heirs to close the estate while following regulations in Title 14 of the Arizona Revised Statutes

Anyone that feels the personal representative is not upholding their duties can file a suit; this includes creditors, devisees, and heirs. Some reasons a proceeding may take place include:

If a suit is filed with the court, the bond may be used as restitution for the financially harmed individual(s). Action on the bond must commence and be prosecuted within four years of the personal representative’s discharge.

What Happens if I Get a Bond Claim?

After a proceeding where the bond has been deemed the course of action for reimbursement to the damaged person(s), Jet receives a notice from the court. The Jet team reviews the court’s investigation details and any additional documentation provided by the personal representative. It’s in the best interest of the administrator or executor to be responsive through the claims process.

Claims are only paid when a personal representative acts negligently or fraudulently and fails to fulfill duties according to Arizona’s probate law. Because of this, any claims paid out by Jet require reimbursement from the personal representative.

Arizona Probate Courts

The following is a list of all Arizona counties and their respective clerk of court’s contact information.

County CourthousePhoneMailing AddressEmail
Apache928-337-7550Apache County Superior Court House
PO Box 365
St Johns, AZ 85936
Cochise520-432-8600Clerk of the Superior Court
PO Box CK
Bisbee, AZ 85603
cochiseclerk@courts.az.gov
Coconino928-679-7600Clerk of the Superior Court
200 N San Francisco
Flagstaff, AZ 86001
Gila928-425-3231Superior Court of Gila County
1400 E. Ash St. - 3rd Floor
Globe, AZ  85501
gilacosc@courts.az.gov
Graham928-428-3100Clerk of the Superior Court
800 W Main Street
Safford, AZ 85546
Greenlee928-865-4242Clerk of the Superior Court
PO Box 1296
Clifton, AZ 85533
greenleeSC@courts.az.gov
La Paz928-669-613Superior Court Clerk
1316 Kofa Ave., Suite 607
Parker, Arizona 85344
Maricopa602-506-3668Maricopa County Superior Court Clerk
201 W. Jefferson Street
Phoenix, AZ 85003
MohaveKingman:
928-753-0713

Lake Havasu:
928-453-0701

Bullhead:
928-758-0730
Kingman:
Mohave County Superior Court
PO Box 7000
Kingman, AZ 86402

Lake Havasu City:
Mohave County Superior Court
2001 College Drive, #148
Lake Havasu City, AZ 86403

Bullhead City:
Mohave County Justice Court
2225 Trane Road
Bullhead City, AZ 86442
clerkofcourt@mohavecourts.com
Navajo928-524-4188Navajo County Clerk of the Court
PO Box 668
Holbrook, AZ 86025
superiorcourtinfo@navajocountyaz.gov
Pima520-724-3200Pima County Clerk of Court
ATTN: Probate
110 West Congress St, Room 152
Tucson, Arizona 85701-1317
COC_ProbateWeb@coc.pima.gov
Pinal888-431-1311Pinal County Clerk of the Superior Court
PO Box 2730
Florence, AZ 85132
Santa Cruz520-375-7700Clerk of the Superior Court
PO Box 1265
Nogales, AZ 85628
JGuzman@courts.az.gov
Yavapai928-771-3312Yavapai County Courthouse
120 South Cortez Street
Prescott, AZ 86303
YavapaiProbateSpecialist@courts.az.gov
Yuma928-817-4210Yuma County Superior Court
250 W. 2nd Street
Yuma, AZ 85364
lfazz@courts.az.gov
Arizona Probate Courts

Arizona Administrator and Executor Bond Form

Notary Bond Application:

Business Information:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Employee Dishonesty Bond Application:

Business Information:

Business Description:

Coverage Requirements:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Contract Bond Application:

Business Information:

Owner Information:

Job Details:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Worker's Compensation Application:

Business Information:

Business Description:

Coverage Requirements

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information: