Tennessee Conservator and Guardian Bond

In Tennessee, when a person cannot care for themselves or their property, the probate court will appoint a "conservator" or "guardian" to make decisions on their behalf. The appointed individual, also known as a fiduciary, may be required to obtain a surety bond as outlined in Title 34 of the Tennessee Code. The surety bond safeguards the interests of the protected person and their estate from any financial harm caused by the actions of the conservator or guardian.

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Have any questions? Give us a call at (855) 470-0877 and speak to a live Tennessee probate bond expert.

What Size Bond Do You Need?

The probate court judge overseeing your case will set the required bond amount when they enter an order appointing you as fiduciary. The judge will only require a bond if the fiduciary manages the protected person’s property. Generally, the bond's value must adequately safeguard the protected person, their estate's assets, and all relevant parties. 

Tennessee Code 34-1-105 dictates that conservators and guardians must furnish a bond equal to the fair market value of the minor/adult’s personal property plus the expected income the estate will generate over the next year. The court may also increase or decrease the bond amount to reflect any change in the estate’s value.

How Much Does the Tennessee Conservator and Guardian Bond Cost?

Jet charges a base price of $85 per year for the Tennessee Conservator/Guardian Bond, with the specific cost varying depending on the bond amount. See the chart below to calculate the price for larger bonds. In Tennessee, conservators and guardians can pay the bond premium from estate funds according to TN Code 34-1-113.

To determine how much the bond will cost, conservators and guardians can follow the steps listed below:

1. Determine the Required Bond Amount

After ruling that a conservatorship/guardianship is needed, the probate court judge will enter an order of appointment naming the fiduciary and setting their required bond amount.

2. Calculate the Total Cost

Guardian and conservator bonds up to $17,000 in size cost $85 per year. For each additional $1,000 increase, the bond premium will increase by the corresponding amount outlined in the table below.

Bond Amount	Additional Premium (per $1,000)	Bond Cost (1 year)
$0 - $17,000	$85 flat rate	$85
$17,001 - $50,000	$5.00	$85 - $250
$50,001 - $200,000	$3.75	$250 - $813
$200,001 - $500,000	$2.50	$813 - $1,563
$500,001 - $1,500,000	$1.00	$1,563 - $2,063
$1,500,000+	$0.50	$2,063+

We provide discounted tiered pricing that reduces the percentage rate for larger bond amounts. Applicants can also save money by purchasing bonds for multiple years in advance. Apply online in minutes or call one of our probate bond experts at (855) 470-0877 to determine how much your bond will cost.

What Is the Difference Between a Conservator and a Guardian in Tennessee?

In Tennessee, guardians are appointed over minors exclusively and must provide care and/or make financial decisions on the minor’s behalf. In contrast, conservators are appointed over adults who are declared disabled by the court and will be in charge of managing the adult's health and/or finances. Title 34 of the Tennessee Code sets forth the responsibilities and duties of each fiduciary type. Below are descriptions of each position, along with their corresponding bond requirements:

• Guardian of the Estate: A person appointed by the probate court to exclusively manage the finances of a minor, including caring for property and managing their bank accounts. Guardians of a minor’s estate must obtain a bond pursuant to Tennessee Code 34-1-105.
  
• Guardian of the Person: A person responsible for making personal decisions on a minor’s behalf and serving as that child’s primary caregiver. Guardians over a minor’s person are solely appointed in juvenile court and are not required to obtain a bond.
  
• Conservator of the Estate: A person appointed by the probate court to exclusively manage the financial resources of an adult with a disability, including caring for property and managing their bank accounts. Conservators of an adult’s estate must obtain a bond according to Tennessee Code 34-1-105.
  
• Conservator of the Person: A person appointed by the probate court who is responsible for making decisions for an adult’s personal affairs and ensuring that the person’s basic needs are met. Conservators over an adult’s person are not required to obtain a bond.
• Full Guardianship/Conservatorship: A traditional fiduciary relationship where the guardian or conservator has all powers and duties available under Title 34 of the Tennessee Code. Both conservators and guardians in this type of appointment will be required to obtain a surety bond.
• Limited Guardianship/Conservatorship: A less-restrictive alternative that allows the fiduciary to act on behalf of a protected person with specific powers and duties explicitly stated by the court. The probate court will require a surety bond if the fiduciary controls the protected person’s property.

Other Important Terms to Know

• Conservatorship: The process of the probate court appointing a person to manage the financial and/or medical affairs of an adult with a disability
• Guardianship: The process of the court appointing someone to serve as a minor’s primary caregiver and/or make financial decisions
• Guardian ad litem: A qualified person appointed by the court to protect the best interests of the respondent during the guardianship/conservatorship proceeding
• Estate: The total value of all money and other property owned by the protected person
• Fiduciary: A person or organization that acts on behalf of a protected person and is legally bound to act solely in their best interests. Guardians and conservators are types of fiduciaries.
• Disabled Adult: A person over the age of 18 who the court has determined needs partial or full supervision due to a mental or physical incapacity
• Interested Person: Any person or entity who has an interest in the welfare or finances of a protected person
• Minor: An unemancipated individual under 18 years of age
• Protected Person: An incapacitated adult or minor who cannot independently manage themselves or their affairs, and is placed under the guardianship/conservatorship of an appointed individual
• Respondent: The minor or adult who is alleged to be disabled and in need of a guardian/conservator
• Surety Bond: A type of insurance that safeguards the protected person from financial harm if the guardian or conservator does not fully fulfill his or her duties

Why Is the Tennessee Conservator or Guardian Bond Required? Are There Surety Bond Exemptions?

When a conservator or guardian is appointed to manage a protected person’s estate, the probate courts in Tennessee will require a surety bond according to Tennessee Code 34-1-105. The bond safeguards the interests and well-being of the protected person’s estate and serves as a form of insurance that guarantees the responsible and ethical behavior of the fiduciary.

By requiring a bond, the court can help mitigate loss from mismanagement or misuse of the estate's property by the fiduciary and can help ensure they act in accordance with Title 34 of the Tennessee Code. The bond can also compensate the protected person’s estate for any losses incurred due to the actions of the conservator or guardian.

The court may waive the surety bond requirement in the following situations:

• The person is appointed with limited powers as guardian of the person or conservator of the person only
• The fiduciary is a financial institution qualified to do business in Tennessee
• The will or other document nominating the fiduciary waives the bond requirement
• The fiduciary deposits a portion of the protected person’s assets with the clerk of court or into an FDIC-insured financial institution subject to prior court approval for release
• The personal property of the estate is valued at less than $10,000, and the court finds that a surety bond is not necessary

Conservators and guardians that do not wish to purchase a surety bond can request to submit a pledge of property equal in value to 150% of the bond amount.

How Is the Conservator or Guardian Chosen by the Probate Court?

The probate court will always appoint the person who best serves the protected person's interests. Any interested party may petition the court to appoint a conservator or guardian over another individual. The order of appointment for conservators in Tennessee is as follows:

• The person nominated in an official, legally binding document signed by the respondent
• The spouse of the respondent
• Any child of the respondent
• A close relative of the person with a disability
• A district public guardian regulated under TN Code 34-7-104
• Any other person determined suitable by the court

The probate court will follow a similar procedure when choosing who to appoint as guardian, and the order of appointment is as follows:

• The parent(s) of the minor child
• The person nominated by the minor’s parents in a will or other official, legally binding document
• Adult siblings of the minor child
• The closest relative of the minor
• Any other person determined suitable by the court

In all cases, the court will consider the preferred nominee made by the respondent and appoint the person who will serve the respondent's best interests.

How To Apply for the Tennessee Conservator or Guardian Bond with Jet

Jet’s application process is simple and fast - our goal is to get the fiduciary bonded as quickly as possible so they can focus on their obligations. All we need is the bond amount and basic information about the estate.

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Once completed and submitted, you will receive your purchase price immediately or a Jet underwriter will review the application. Some of the factors Jet considers when underwriting these types of bonds:

• If the applicant has ever committed a felony
• If there are disputes among the estate’s beneficiaries
• Whether or not there is an ongoing business in the estate
• Whether or not the applicant owes any money to the estate
• Applicant’s credit history for bond limits over $25,000 if they have not retained an attorney, or $50,000 if they have retained an attorney

Applicants for bond limits over $50,000 will need to submit documentation from the court for review, specifically their application for appointment as fiduciary and the order from the court requiring the bond.

How Does the Bond Get Filed with the Probate Court?

When you purchase the surety bond, you will immediately receive a digital version of your bond with a receipt. Afterward, Jet will complete the bond form, attach our raised seal, and mail it to you. You simply need to sign the form and deliver it to the probate court overseeing your case.

Jet has provided a chart at the bottom of the page with a list of all probate court locations in the State of Tennessee and any available contact information for their offices.

Can the Tennessee Guardian or Conservator Bond Be Canceled?

At Jet, we like to make things easy for our customers, and cancellation of your bond is no exception.

To cancel your bond, send us an email at [email protected] or give us a call. When we receive your request, we’ll contact the probate court to request a release. If the court accepts the request, we will cancel your bond and send you a refund for any unearned premium. We will refund any unearned premium charged after the first year of the bond on a prorated basis.

How Long Do You Need the Bond?

In Tennessee, the probate court requires that the bond remain on record throughout the fiduciary's entire appointment period, which spans until the adult is no longer in need of a conservator or the minor turns 18 years old. Until that point, the court requires that the bond remains active.

A guardian or conservator can file a petition to the court to terminate the fiduciary relationship, and the court will grant the petition if they find no basis for the appointment. Once the judge approves the petition, the fiduciary must submit a final accounting within 60-120 days. Afterward, the court will release the guardian or conservator from liability, and Jet will cancel the bond.

As for renewing your bond, Jet sends a renewal invoice by email and mail before the bond term’s expiration date. As long as you make your renewal payment, the bond will remain active with the probate court.

How Does a Fiduciary Avoid Surety Bond Claims in Tennessee?

The probate court expects the guardian or conservator to fulfill all duties and obligations under Title 34 of the Tennessee Code. Failing to meet these requirements or not adhering to all court orders can result in a bond claim. Some common violations that may lead to a bond claim include the following:

Here are some violations that may lead to bond claims on the Tennessee Guardian Bond:

• Committing negligence, embezzlement, or fraud
• Misusing or misappropriation of estate assets
• Buying or selling any part of the estate without court approval
• Acting outside of the powers specifically vested by the court
• Using estate funds or property for personal use that belongs to a trust
• Failing to submit inventory reports or account for all estate assets

Any person with proven damages caused by the actions of the guardian or conservator may file a claim against the bond, including the protected person, creditors to the estate, or the protected person's legal representation.

What Happens if I Get a Tennessee Guardian Bond Claim?

Upon receiving court notice of a claim on the bond, Jet has 30 days to pay the claim or ask for additional time to review it. Jet works tirelessly to protect fiduciaries against faulty claims. Even if the court has requested a bond payout, we assess all documentation provided by the court and the conservator before paying out the claim. However, as a fiduciary and indemnitor, you will ultimately be required to reimburse Jet Insurance Company for the full claim payout.

County Court Locations in Tennessee

Below is a list of all the county courts located in the State of Tennessee, as well as their addresses and contact information.

County Courthouse	Phone	Mailing Address	Email
Anderson County	(865) 457-6205	100 North Main Street, Suite 308 Clinton, TN 37716	[email protected]
Bedford County	(931) 684-1672	108 Northcreek Drive, Suite 155 Shelbyville, TN 37160
Benton County	(731) 584-4435	1 Court Square, Room 206 Camden, TN 38320
Bledsoe County	(423) 939-0922	P. O. Box 2198 Jasper, TN 37398
Blount County	(865) 273-5500	930 E Lamar Alexander Parkway Maryville, TN 37804
Bradley County	(423) 728-7209	155 N Ocoee Street, Room 203 Cleveland, TN 37311	[email protected]
Campbell County	(423) 562-3496	570 Main Street, Suite 110 Jacksboro, TN 37757	[email protected]
Cannon County	(615) 563-5936	200 West Main Street Woodbury, TN 37190
Carroll County	(731) 986-1932	99 Court Square #103 Huntingdon, TN 38344
Carter County	(423) 542-1812	801 East Elk Avenue Elizabethton, TN 37643	[email protected]
Cheatham County	(615) 792-4620	100 Public Square, Suite 106 Ashland City, TN 37015
Chester County	(731) 989-7171	333 Eric Bell Drive, Suite C Henderson, TN 38340
Claiborne County	(423) 626-3284	1740 Main St. #201 Tazewell, TN 37879
Clay County	(931) 243-3145	100 Courthouse Square Celina, TN 38551	[email protected]
Cocke County	(423) 623-3321	360 East Main Street Suite 103, Courthouse Annex Newport, TN 37821	[email protected]
Coffee County	(931) 723-5132	300 Hillsboro Blvd., Box 8 Manchester, TN 37355	[email protected]
Crockett County	(731) 696-5458	One South Bell Street, Suite 5 Alamo, TN 38001	[email protected]
Cumberland County	(931) 484-4731	60 Justice Center Dr., Suite 226 Crossville, TN 38555	[email protected]
Davidson County	(615) 862-5980	1 Public Square, Suite 302 Nashville, TN 37201	[email protected]
Decatur County	(731) 852-3422	22 West Main Street Decaturville, TN 38329	[email protected]
DeKalb County	(615) 597-4360	One Public Square, Room 302 Smithville, TN 37166	[email protected]
Dickson County	(615) 789-7011	500 Spring Street Charlotte, TN 37036	[email protected]
Dyer County	(731) 286-7818	Dyer County Courthouse, Rm. 201 Dyersburg, TN 38024	[email protected]
Fayette County	(901) 465-5219	16755 Highway 64, Suite 210 Somerville, TN 38068	[email protected]
Fentress County	(931) 879-8615	140 Justice Center Drive, Suite 110 Jamestown, TN 38556	[email protected]
Franklin County	(931) 967-2843	440 George Fraley Parkway, Box 4 Winchester, TN 37398	[email protected]
Gibson County	(731) 855-7639	204 N Courtsquare Trenton, TN 38382	[email protected]
Giles County	(931) 363-2620	1 Public Square Pulaski, TN 38478	[email protected]
Grainger County	(865) 828-4436	270 Justice Center Drive Ste. 107 Rutledge, TN 37861	[email protected]
Greene County	(423) 798-1742	101 South Main Street Greenville, TN 37743	clerk&[email protected]
Grundy County	602-506-3668	68 Cumberland Street, Suite 200 Altamont, TN 37301	[email protected]
Hamblen County	(423) 586-9112	511 West Second North Street Morristown, TN 37814	[email protected]
Hamilton County	(423) 209-6600	300 Courthouse 625 Georgia Avenue Chattanooga, TN 37402	[email protected]
Hancock County	(423) 733-4524	1237 Main Street, Suite 104 Sneedville, TN 37869	[email protected]
Hardeman County	(731) 658-3142	PO Box 45 Bolivar, TN 38008	[email protected]
Hardin County	(731) 925-8166	465 Main Street Savannah, TN 38372	[email protected]
Hawkins County	(423) 272-8150	100 E. Main Street, Suite 316 Rogersville, TN 37857	[email protected]
Haywood County	(731) 772-0122	100 South Dupree Avenue Brownsville, TN 38012	[email protected]
Henderson County	(731) 968-2801	17 Monroe Street, 2nd Floor, Room 2 Lexington, TN 38351	[email protected]
Henry County	(731) 642-4234	PO Box 313 Paris, TN 38242	[email protected]
Hickman County	(931) 729-2522	104 College Avenue, Suite 202 Centerville, TN 37033	[email protected]
Houston County	602-506-3668	4725 East Main Street Erin, TN 37061	[email protected]
Humphreys County	(931) 296-2558	100 North Court Square Waverly, TN 37185	[email protected]
Jackson County	(931) 268-9516	101 East Hull Avenue Gainesboro, TN 38562	[email protected]
Jefferson County	(865) 397-2404	202 W. Main St. Dandridge, TN 37725	[email protected]
Johnson County	(423) 727-7853	202 West Main Street Mountain City, TN 37683	[email protected]
Knox County	(865) 215-2389	400 Main Street, 3rd Floor, City-County Building, Suite 352 Knoxville, TN 37902	[email protected]
Lake County	(731) 253-8926	229 Church Street, Box 12 Tiptonville, TN 38079	[email protected]
Lauderdale County	(731) 635-1941	Courthouse, 100 Court Square Ripley, TN 38063	[email protected]
Lawrence County	(931) 766-4182	240 W. Gaines St., NBU #13 Lawrenceburg, TN 38464	[email protected]
Lewis County	(931) 796-3734	29 W Main Street Hohenwald, TN 38462	[email protected]
Lincoln County	(931) 433-1482	112 Main Avenue South Room B-109 Fayetteville, TN 37334	[email protected]
Loudon County	(865) 986-3505	12680 Highway 11 West, Suite 3 Lenoir City, TN 37771	[email protected]
Macon County	(615) 666-2000	906 Highway 52 Bypass East LaFayette, TN 37083	[email protected]
Madison County	(731) 423-6032	Courthouse, Room 200, 100 East Main Street Jackson, TN 38301	[email protected]
Marion County	(423) 942-2601	1 Courthouse Square, Suite 203 Jasper, TN 37347	[email protected]
Marshall County	(931) 359-2181	201 Marshall County Courthouse Lewisburg, TN 37091	[email protected]
Maury County	(931) 375-1307	41 Public Square Columbia, TN 38401	[email protected]
McMinn County	(423) 745-1281	6 East Madison Ave Athens, TN 37303	[email protected]
McNairy County	(731) 645-5446	170 West Court Ave. ​Room 205 Selmer, TN 38375	[email protected]
Meigs County	(423) 334-5243	Meigs County Courthouse, Suite 206, 17214 TN-58 Decatur, TN 37322	[email protected]
Monroe County	(423) 442-2644	105 College Street, Suite # 2 Madisonville, TN 37354	[email protected]
Montgomery County	(931) 648-5703	2 Millennium Plaza Suite 101 Clarksville, TN 37040	[email protected]
Moore County	(931) 759-7028	196 Main Street, Suite 312 Lynchburg, TN 37352	[email protected]
Morgan County	(423) 346-3881	415 North Kingston Street, Room 104 Wartburg, TN 37887	[email protected]
Obion County	(731) 507-0999	6, Bill Burnett Circle Union City, TN 38281	[email protected]
Overton County	(931) 823-2536	100 E. Court Sq., Ste. 100 Livingston, TN 38570	[email protected]
Perry County	(931) 589-2217	121 Main St Linden, TN 37096	[email protected]
Pickett County	(931) 864-3359	1 Courthouse Square, Suite 203 Byrdstown, TN 385479	[email protected]
Polk County	(423) 338-4522	161 Industrial Access Circle, Room 110 Benton, TN 37307	[email protected]
Putnam County	(931) 526-6321	421 E. Spring St., Suite 1C38 Cookeville, TN 38501	[email protected]
Rhea County	(423) 775-7806	7824 Rhea Co. Hwy Dayton, TN 37321	[email protected]
Roane County	(865) 376-2487	200 East Race Street, Suite 12 Kingston, TN 37763	[email protected]
Robertson County	(615) 384-5650	501 South Main Street, Room 103 Springfield, TN 37172	[email protected]
Rutherford County	(615) 898-7860	116 W. Lytle St., Suite 5101 Murfreesboro, TN 37130	[email protected]
Scott County	(423) 663-2627	575 Scott High Drive, Suite C Huntsville, TN 37756	[email protected]
Sequatchie County	(423) 949-3670	22 Cherry Street, 2nd Floor Dunlap, TN 37327	[email protected]
Sevier County	(865) 453-5502	125 Court Ave, Suite 202E Sevierville, TN 37862	[email protected]
Shelby County	(901) 222-3750	140 Adams Avenue, Room 124 Memphis, TN 38103	[email protected]
Smith County	(615) 735-2092	322 Justice Drive, Suite 105 Carthage, TN 37030	[email protected]
Stewart County	(931) 232-5665	225 Donelson Parkway, Main Floor Dover, TN 37058	[email protected]
Sullivan County	(423) 323-6483	140 Blountville Bypass Blountville, TN 37617	[email protected]
Sumner County	(615) 451-6036	100 Public Square, Rooms 400 & 401 Gallatin, TN 37066	[email protected]
Tipton County	(901) 476-0207	220 Highway 51 N, Suite 2 Covington, TN 38019	[email protected]
Trousdale County	(615) 374-2996	303 East Main St, Ste 1 Hartsville, TN 67074	[email protected]
Unicoi County	(423) 743-9541	PO Box 46 Erwin, TN 37650	[email protected]
Union County	(865) 992-5942	901 Main Street, Suite 206 Maynardville, TN 37807	[email protected]
Van Buren County	(931) 946-7175	121 Taft Drive Spencer, TN 38585	[email protected]
Warren County	(931) 473-2364	111 South Court Square, Suite 105 McMinnville, TN 37110	[email protected]
Washington County	(423) 788-1450	108 W Jackson Boulevard, Suite 2109 Jonesborough, TN 37659	[email protected]
Wayne County	(931) 722-5517	P.O. Box 101, Suite 201 Waynesboro, TN 38485	[email protected]
Weakley County	(731) 364-3454	P.O. Box 197 Dresden, TN 38225	[email protected]
White County	(931) 836-3205	111 Depot Street, Suite 1 Sparta, TN 38583	[email protected]
Williamson County	(615) 790-5428	135 4th Avenue South, Room 236 Franklin, TN 37064	[email protected]
Wilson County	(615) 466-5311	134 South College Street, Room 200 Lebanon, TN 37087	[email protected]