North Carolina Executor and Administrator Bonds

North Carolina Executor and Administrator Bonds

When an estate owner passes away, the administrator or executor, commonly referred to as the personal representative, must act on behalf of the deceased to ensure financial safety throughout the settlement of their estate. In North Carolina, the clerk of superior court requires the personal representative to secure a probate bond in accordance with Chapter 28A, Article 8 of the General Statutes. Jet Insurance Company provides this bond to the administrator (appointed by court) or executor (named in the will) as a guarantee to the superior court that the personal representative will fulfill their duties without malicious intent.

PURCHASE EXECUTOR/ADMINISTRATOR BOND

Jet’s process to apply for an Administrator or Executor Bond is efficient, allowing the personal representative to begin closing the estate without delays.

What Is the Cost of the Administrator and Executor Bond?

The cost is only a small portion of the bond amount. The court will determine the bond amount upon evaluation of the value of personal property. When determining the bond limit, the court follows these rules:

A soft credit check of the personal representative is required. For larger bond amounts, a copy of the will may also be requested if applicable.

At Jet, we work directly with the personal representative and/or their attorney to get a bond filed quickly and efficiently without unnecessary broker fees.

Who Is Excluded From the Bond Requirement?

For personal representatives, a bond is always required unless they fit into the following criteria from North Carolina General Statutes 28A-8-1:

  1. A resident executor, unless the will specifies the executor to be bonded
  2. A nonresident executor:
    • When the will explicitly states no bond is needed
    • When there is a resident coexecutor, unless the will requires a bond or the clerk of superior court deems a bond necessary
  3. A personal representative appointed for the sole purpose of bringing a suit for wrongful death of the decedent, until the personal representative receives estate property
  4. A trust institution acting as personal representative that is licensed under G.S. 53-159
  5. A North Carolina resident acting as personal representative of an intestate (no will) when all heirs are over 18 years old and file a waiver to the superior court clerk to dismiss the personal representative from holding a bond
  6. A personal representative when they obtain the entirety of the decedent’s property
  7. A North Carolina resident administrator with the will annexed (no executor named/appointed) when beneficiaries are over 18 years old and file a waiver to the superior court clerk to dismiss the administrator from holding a bond

Even with these exclusions, the clerk of superior court may still require the personal representative to secure a surety bond if they believe it necessary for the protection of the estate and its beneficiaries.

In addition to those excluded from the bond requirement, persons listed in Chapter 28A-4-2 of the North Carolina General Statutes are not qualified to serve as personal representatives

Why Is the Administrator or Executor Bond Required in North Carolina?

The State of North Carolina requires the clerk of superior court to regulate the Executor and Administrator Bond for personal representatives to ensure financial security of the estate and all beneficiaries. Duties of the personal representative include collection of assets, payment of claims, and proper disbursement of assets, which means the administrator or executor must be in close contact with all debtors, creditors, and heirs of the estate. The bond provides a course of action, supplied by the surety company, for anyone damaged financially by the personal representative’s actions. The harmed person(s) may file a claim against the surety bond for reimbursement.

Personal representatives, in accordance with General Statutes Chapter 28A-23-3, are entitled to a commission of no more than 5% of the receipts including the value of personal property received and expenditures made.

Applying for the Administrator or Executor Bond at Jet

Acquiring the bond needed to be a personal representative in North Carolina is simple with Jet. After submitting the required information, Jet delivers a rate following a quick review. Everything can be completed online, including the payment. Click the button below to get started!

PURCHASE EXECUTOR/ADMINISTRATOR BOND

How to Renew the Administrator/Executor Bond

Bonds are to remain active and on file with the clerk of superior court for the duration of the probate process. Once the estate is settled and final accounts have been filed and approved by the court, the clerk will release Jet of liability. The bond is then terminated by Jet, relieving the administrator or executor of future obligations.

Estates that are not settled within one year will require bond coverage to be extended if only purchased for a one-year term. In this case, Jet will notify the personal representative with plenty of time to provide payment for the extension of the bond term.

Failure to provide payment for the bond will result in Jet contacting the personal representative’s attorney. The attorney may provide payment for the personal representative, then holding the administrator or executor responsible for reimbursement. When no attorney is involved, or the attorney does not pay the bond premium, the court will schedule a hearing to require the personal representative to remit payment. Nonpayment ultimately results in the revocation of letters of administration and the personal representative’s authority will cease. The personal representative will then need to surrender all of the estate’s assets to their successor or the clerk of superior court. The clerk of court may appoint a new personal representative.

Can the Bond Be Cancelled? Will a Refund Be Available?

Bond premium is fully earned in the first year for the Executor and Administrator Bond, which means that no refund is available if the bond is cancelled within the first year. However, if a multi-year bond is purchased and cancelled early within the second or third year, Jet calculates the remaining time on the bond to be refunded to the personal representative. The court must release Jet (the Surety) of liability before the bond can be cancelled and a refund can be given to the administrator or executor. 

The bond must be on file with the probate court for the entirety of the personal representative’s duties being completed.

How Long Does the Role of Personal Representative Last?

Unless filing of final accounts has been extended by the clerk of superior court, administrators and executors are responsible for settling the estate in the event that occurs last out of the following:

Once all claims against the estate have been paid, the assets properly distributed, and the final account for settlement has been filed, the court will complete a review and order the discharge of the personal representative from future duties and liabilities of the estate.

How Are Bond Claims Avoided?

The heirs, and the clerk of superior court, rely heavily on the administrator or executor to fulfill the crucial role of fiduciary for the estate. Simply put, to avoid a claim on the bond, the personal representative must complete their obligations according to the law, the will (if applicable), and with the best interest of the beneficiaries in mind. Complaints regarding failure to uphold duties may arise from the heirs if they feel administration is not being handled properly. Being diligent about keeping receipts and records of all transactions as the personal representative is essential.

According to General Statute 28A-8-6, any breach of the bond is grounds for the harmed individual(s) to file a civil suit which can end in a bond claim. Some of these breaches include:

Anyone financially harmed by the personal representative can file a civil suit; this includes the beneficiaries, collectors, debtors, and the clerk of superior court. The probate court will schedule a hearing and request supporting documentation from all parties and decide whether or not disciplinary action should be taken against the bond. The court has jurisdiction to revoke the letters of administration any time during this process.

What Happens if a Claim Is Filed on the Administrator or Executor Bond?

After a civil suit has been filed and the court requires a payout from the bond necessary, Jet will review the court’s investigation and any additional documentation provided by the personal representative.

Jet’s review is an additional step in the investigation to ensure nothing was missed, but any valid claims will be paid to the claimant(s) within 30 days of receiving the court’s notice. Because claims are a result of personal representative misconduct or negligence, the administrator or executor is responsible for paying the claim back in the full amount.

Probate Courts in North Carolina

Unless the will demands a bond is needed, each county probate court in North Carolina will make the determination if an Administrator or Executor Bond is necessary. The chart below lists contact information for each clerk of superior court.

County CourthousePhone NumberMailing Address
Alamance(336) 570-5200Alamance County Historical Courthouse
1 Court Square
Graham, NC 27253
Alexander(828) 635-3113Alexander County Courthouse
PO Box 100
Taylorsville, NC 28681
Alleghany(336) 372-3900Alleghany County Courthouse
PO Box 61
Sparta, NC 28675
Ashe(336) 219-1400Ashe County Courthouse
150 Government Circle, Suite 3100
Jefferson, NC 28640
Avery(828) 737-6700Avery County Courthouse
PO Box 115
Newland, NC 28657
Beaufort(252) 940-4000Beaufort County Courthouse
PO Box 1403
Washington, NC 27889
Bertie(252) 794-6800Bertie County Courthouse
PO Box 370
Windsor, NC 27983
Bladen(910) 872-7200Bladen County Courthouse
PO Box 2619
Elizabethtown, NC 28337
Brunswick(910) 253-3900Brunswick County Courthouse
310 Government Center Drive NE, Unit 1
Bolivia, NC 28422
Buncombe(828) 259-3400Buncombe County Courthouse
60 Court Plaza
Asheville, NC 28801
Burke(828) 433-3200Burke County Courthouse
PO Box 796
Morganton, NC 28655
Cabarrus(704) 262-5500Cabarrus County Courthouse
PO Box 70
Concord, NC 28026
Caldwell(828) 759-3503Caldwell County Courthouse
PO Box 1376
Lenoir, NC 28645
Camden(252) 336-4000Camden County Courthouse
PO Box 219
Camden, NC 27921
Carteret(252) 504-4400Carteret County Courthouse
300 Courthouse Square
Beaufort, NC 28516
Caswell(336) 459-4000Caswell County Courthouse
PO Drawer 790
Yanceyville, NC 27379
Catawba(828) 695-6100Catawba County Justice Center
100 Government Drive, Department A
Newton, NC 28658
Chatham(919) 545-3500Chatham County Courthouse
PO Box 369
Pittsboro, NC 27312
Cherokee(828) 835-7740Cherokee County Courthouse
75 Peachtree St
Murphy, NC 28906
Chowan(252) 368-5000Chowan County Courthouse
PO Box 588
Edenton, NC 27932
Clay(828) 389-2300Clay County Government Center
261 Courthouse Dr., Suite 1
Hayesville, NC 28904
Cleveland(704) 476-7800Cleveland County Courthouse
100 Justice Place
Shelby, NC 28150
Columbus(910) 641-4400Columbus County Courthouse
PO Box 1587
Whiteville, NC 28472
Craven(252) 639-3000Craven County Courthouse
PO Box 1187
New Bern, NC 28563
Cumberland(910) 475-3000Judge E. Maurice Braswell Cumberland County Courthouse
PO Box 363
Fayetteville, NC 28301
Currituck(252) 232-6200Currituck County Courthouse
PO Box 175
Currituck, NC 27929
Dare(252) 475-5200Dare County Justice Center
PO Box 1849
Manteo, NC 27954
Davidson(336) 242-6701Davidson County Courthouse
PO Box 1064
Lexington, NC 27293
Davie(336) 936-3000Davie County Courthouse
140 South Main St
Mocksville, NC 27028
Duplin(910) 275-7000Duplin County Courthouse
PO Box 189
Kenansville, NC 28349
Durham(919) 808-3000Durham County Courthouse
510 South Dillard St
Durham, NC 27701
Edgecombe(252) 824-3200Edgecombe County Courthouse
PO Drawer 9
Tarboro, NC 27886
Forsyth(336) 779-6300Forsyth County Courthouse
PO Box 20099
Winston Salem, NC 27120
Franklin(919) 497-4200Franklin County Courthouse
102 S Main St.
Louisburg, NC 27549
Gaston(704) 852-3100Gaston County Courthouse
325 Dr. Martin Luther King Jr. Way, Suite 1004
Gastonia, NC 28052
Gates(252) 357-1365Gates County Courthouse
PO Box 31
Gatesville, NC 27938
Graham(828) 474-7000Graham County Courthouse
PO Box 1179
Robbinsville, NC 28771
Granville(919) 690-4800Granville County Courthouse
101 Main St.
Oxford, NC 27565
Greene(252) 747-6200Greene County Courthouse
PO Box 675
Snow Hill, NC 28580
Guilford(336) 412-7300Guilford County Courthouse
PO Box 3008
Greensboro, NC 27402
Halifax(252) 593-3000Halifax County Courthouse
PO Box 66
Halifax, NC 27839
Harnett(910) 814-4600Harnett County Courthouse
301 W. Cornelius Harnett Blvd., Suite 100
Lillington, NC 27546
Haywood(828) 454-6501Haywood County Courthouse
285 N Main St., Suite 1500
Waynesville, NC 28786
Henderson(828) 694-4100Henderson County Courthouse
200 N Grove St., Suite 163
Hendersonville, NC 28792
Hertford(252) 358-7100Hertford County Courthouse
PO Box 86
Winton, NC 27986
Hoke(910) 878-4100Hoke County Courthouse
PO Drawer 1569
Raeford, NC 28376
Hyde
(252) 926-4700Hyde County Courthouse
PO Box 337
Swan Quarter, NC 27885
Iredell(704) 832-6600Iredell County Hall of Justice
226 Stockton St
Statesville, NC 28677
Jackson(828) 631-6400Jackson County Courthouse
401 Grindstaff Cove Rd
Sylva, NC 28779
Johnston(919) 209-5400Johnston County Courthouse
PO Box 297
Smithfield, NC 27577
Jones(252) 448-6220Jones County Courthouse
PO Box 280
Trenton, NC 28585
Lee(919) 718-6300Lee County Courthouse
PO Box 4209
Sanford, NC 27331
Lenoir(252) 520-5300Lenoir County Courthouse
PO Box 68
Kinston, NC 28501
Lincoln(704) 742-7800Lincoln County Courthouse
PO Box 8
Lincolnton, NC 28093
McDowell(828) 655-4100McDowell County Courthouse
21 S Main St
Marion, NC 28752
Macon(828) 349-7200Macon County Courthouse
PO Box 288
Franklin, NC 28744
Madison(828) 649-2200Madison County Courthouse
PO Box 217
Marshall, NC 28753
Martin(252) 809-5100Martin County Governmental Center
PO Box 807
Williamston, NC 27892
Mecklenburg(704) 686-0400Mecklenburg County Courthouse
PO Box 37971
Charlotte, NC 28237-7971
Mitchell(828) 688-5100Mitchell County Courthouse
328 Longview Dr
Bakersville, NC 28705
Montgomery(910) 571-3700Montgomery County Courthouse
PO Box 527
Troy, NC 27371
Moore(910) 722-5000Moore County Courts Facility Building
PO Box 936
Carthage, NC 28327
Nash(252) 220-3000Nash County Courthouse
PO Box 759
Nashville, NC 27856
New Hanover(910) 772-6600New Hanover County Courthouse
PO Box 2023
Wilmington, NC 28402
Northampton(252) 574-3100Northampton County Courthouse
PO Box 217
Jackson, NC 27845
Onslow(910) 478-3600Onslow County Courthouse
625 Court St
Jacksonville, NC 28540
Orange(919) 644-4500Orange County Courthouse
106 E Margaret Lane
Hillsborough, NC 27278
Pamlico(252) 745-6600Pamlico County Courthouse
PO Box 38
Bayboro, NC 28515
Pasquotank(252) 331-4600Pasquotank County Courthouse
PO Box 449
Elizabeth City, NC 27907
Pender(910) 663-3900Pender County Courthouse
PO Box 310
Burgaw, NC 28425
Perquimans(252) 404-5000Perquimans County Courthouse
PO Box 33
Hertford, NC 27944
Person(336) 503-5200Person County Courthouse
105 S Main St
Roxboro, NC 27573
Pitt(252) 695-7100Pitt County Courthouse
PO Box 6067
Greenville, NC 27835
Polk(828) 894-4900Polk County Courthouse
PO Box 38
Columbus, NC 28722
Randolph(336) 328-3000Randolph County Courthouse
176 East Salisbury St., Suite 201
Asheboro, NC 27203
Richmond(910) 419-7400Richmond County Judicial Center
105 W Franklin St
Rockingham, NC 28379
Robeson(910) 671-3000Robeson County Courthouse
PO Box 1084
Lumberton, NC 28359
Rockingham(336) 634-6000Rockingham County Judicial Center
PO Box 127
Wentworth, NC 27375
Rowan(704) 797-3001Rowan County Courthouse
210 N Main St
Salisbury, NC 28144
Rutherford(828) 288-6100Rutherford County Courthouse
229 N. Main St., Suite 203
Rutherfordton, NC 28139
Sampson(910) 596-6600Sampson County Courthouse
101 E. Main St
Clinton, NC 28328
Scotland(910) 266-4400Scotland County Courthouse
PO Box 769
Laurinburg, NC 28353
Stanly(704) 986-7000Stanly County Courthouse
PO Box 668
Albemarle, NC 28002
Stokes(336) 593-4400Stokes County Courthouse
PO Box 250
Danbury, NC 27016
Surry(336) 386-3700Surry County Courthouse
PO Box 345
Dobson, NC 27017
Swain(828) 488-7400Swain County Courthouse
PO Box 1397
Bryson City, NC 28713
Transylvania(828) 885-3000Transylvania County Courthouse
7 East Main St
Brevard, NC 28712
Tyrrell(252) 766-6510Tyrrell County Courthouse
PO Box 406
Columbia, NC 27925
Union(704) 698-3100Union County Judicial Center
PO Box 5038
Monroe, NC 28112
Vance(252) 430-5100Vance County Courthouse
156 Church St., Suite 101
Henderson, NC 27536
Wake(919) 792-4000Wake County Courthouse
PO Box 351
Raleigh, NC 27602
Warren(252) 257-6300Warren County Courthouse
PO Box 709
Warrenton, NC 27589
Washington(252) 791-4000Washington County Courthouse
PO Box 901
Plymouth, NC 27962
Watauga(828) 268-6600Watauga County Courthouse
842 W King St., Suite 13
Boone, NC 28607
Wayne(919) 722-6100Wayne County Courthouse
224 E. Walnut St., Room 230
Goldsboro, NC 2753
Wilkes(336) 651-4400Wilkes County Courthouse
500 Courthouse Dr
Wilkesboro, NC 28697
Wilson(252) 206-3000Wilson County Courthouse
PO Box 1608
Wilson, NC 27894
Yadkin(336) 679-3600Yadkin County Courthouse
PO Box 95
Yadkinville, NC 27055
Yancey(828) 678-5700Yancey County Courthouse
110 Towne Square, Room 5
Burnsville, NC 28714
North Carolina Probate Courts

North Carolina Executor and Administrator Bond

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: