Welcome to our Probate Bond FAQ page! Here, you'll find answers to common questions about probate bonds, including what they are and how to obtain one. Don’t see your question? Call us at (855-470-0877) or email [email protected]. We’re here to help!
Probate bonds, also known as fiduciary or estate bonds, are a type of surety bond required by county courts to protect the beneficiaries of an estate from financial harm.
The term "probate bond" covers several bond types used when someone is appointed to manage an estate, such as an executor, administrator, guardian, or conservator. The bond guarantees compensation to interested parties if the fiduciary fails to fulfill their duties or causes financial harm to the estate’s beneficiaries.
Probate bonds are required to ensure that the person managing the estate, such as an executor or guardian, fulfills their duties honestly and in the best interest of the beneficiaries. The bond provides financial protection to the estate and its beneficiaries if the fiduciary makes mistakes, acts improperly, or mismanages the assets. It helps maintain trust and accountability throughout the probate process.
The required bond size is typically determined by the court and is based on the value of the estate or the assets involved in the probate process. The court will assess the estate's total value and set the bond amount to ensure adequate protection for the beneficiaries. You can check with the court handling the probate case to confirm the exact bond requirement. Learn more about what is included in the bond amount here.
The cost of a probate bond depends on the size of the bond, which is typically based on the total value of the estate. The larger the estate, the higher the bond amount required, and in turn, the higher the premium you will pay. Generally, the premium is a small percentage of the total bond value. Keep in mind that the exact cost can vary depending on factors such as the estate’s complexity and the surety's requirements. To get a quote call (855)-470-0877 or email [email protected].
The executor or administrator of the estate typically pays for the probate bond upfront. Although the fiduciary initially covers the cost, they can often be reimbursed from the estate’s assets, provided the expenses are documented and approved by the probate court. It's important for the fiduciary to maintain clear records to ensure transparency and proper reimbursement.
Yes, you can still get a probate bond with bad credit. At Jet, we evaluate the entire estate, not just your credit score. For bonds up to $25,000, no credit check is required, and for bonds up to $50,000, no credit check is needed if you have an attorney. If credit is a concern, we offer solutions like using a co-signer or co-indemnity from heirs to help move the process forward. Click here to learn more about how personal credit impacts bonds.
While it’s not always required, having an attorney can be very helpful when navigating the probate process. An attorney can guide you through the legal requirements, help ensure all documents are properly filed, and provide advice on fulfilling your fiduciary duties. If you're unsure about the process or facing complex issues, consulting with an attorney is strongly recommended. Jet Surety partners with estate attorneys nationwide. Learn more about the program here.
Upon receiving your application, our team will promptly review the details during business hours. If any additional information is required, we will contact you directly. In most cases, the bond can be issued within 1-2 business days, depending on the size of the bond and the complexity of the case. Please note that more intricate cases or larger bond amounts may require additional time. Learn more here: How to Get Approved for a Probate Bond.
A probate bond remains active until the probate court closes the estate and issues an order of discharge for the bond. If the estate is open beyond a year, the bond must be renewed. Once settled, the court will issue a discharge order, allowing the bond to be released. If it's in the second year, you will be entitled to a prorated refund for the unused portion of the renewal term.
Upon receiving your application, our team will promptly review the details during business hours. If any additional information is required, we will contact you directly. In most cases, the bond can be issued within 1-2 business days, depending on the size. Your probate bond will be sent to the address selected at checkout. Once received, the bond will need to be signed and then filed with the probate court handling the estate. The court will provide guidance on the filing procedure, but typically, the signed bond must be submitted along with other required probate documents to proceed with the estate administration.
To close an estate, you must pay all debts, distribute assets, and submit a final accounting to the court. Once the court approves the final accounting, you can file a petition to close the estate. Click here for a step-by-step guide.
If the probate is formal, the court will issue an order to release you from further duties, and this order is required to release the probate bond. For informal probate, proof that all obligations are met is needed to release the bond. Once all debts are paid, taxes filed, and assets distributed to beneficiaries, the probate court will issue a discharge order, allowing the bond to be released and the estate to be officially closed. Learn more about closing an estate and releasing your bond here.
Call (855) 470-0877 or email [email protected] to speak with a probate expert.
The information provided is for general informational purposes only. It is not intended to be legal advice and should not be construed as such. Consult with a qualified legal professional if you are seeking assistance with a probate or estate matter.