Trustee Bond

Trustee Bond

The Trustee Bond may be required by probate courts throughout the United States for a person, known as a trustee, responsible for handling dispersion of assets to the trust’s beneficiaries. The Trustee Bond is a type of Probate Bond meant to guarantee a trustee’s actions to beneficiaries and in cases of fraud or negligence reimburses the damaged person(s). 

Many states utilize the Uniform Trust Code (UTC) which is a systematic arrangement of common law for the safe-handling of trusts nationwide. States that adopt the UTC also have individual statutes. Either the court or the trust document may deem a surety bond necessary.

APPLY FOR TRUSTEE BOND

As Probate Bond experts, Jet’s process is seamless from start to finish. Jet takes care of the surety bond requirement so the trustee can focus on their obligations to the beneficiaries. 

What Is the Cost of a Trustee Bond?

The probate court specifies the Trustee Bond Limit amount by carefully reviewing the trust to ensure the bond covers the entirety of the trust’s assets. The cost of the bond is a small percentage of the bond limit and a soft credit check of the trustee is completed to get an approved rate.

Jet’s Trustee Bond application process takes only minutes to complete and our underwriters will be in contact with you shortly after.

How Is the Trustee Bond Filed?

Trustee Bonds are to be filed with the court in the county where the trust resides. Each court has unique bond filing procedures. Some probate courts allow the bond to be filed electronically and Jet is able to take care of the entire process for you upon receiving payment. If the court requires the original bond to be on file, Jet will send the bond to the trustee’s preferred address free of charge.

Can Trustee Bonds Be Cancelled? 

Once purchased, the bond is to remain on file with the court until the trustee has fulfilled their duties according to the terms of the trust. However, the court can terminate or modify the bond at any time. 

Jet works with the trustee and the court to ensure a smooth process for all parties involved. If cancellation is needed, Jet provides a 30-day written notice to the court. During those 30 days the trustee and the surety (Jet) are liable under the bond. 

Jet does not charge cancellation fees. If there is any time remaining on the bond at the time of cancellation Jet calculates a prorated refund for which you will receive money back when applicable. 

How Does a Trustee Avoid Bond Claims?

The trustee plays a key role in ensuring the beneficiaries are given what they are owed according to the trust terms. When the bond is required, the trustee is held responsible for actions such as compiling a list of bondholders, making payments, and selling property. 

Following the obligations of the terms of the trust typically makes for a seamless process that should be accompanied without complaint. However, bond claims can come from both the beneficiaries and the court if the trustee is not properly administering the trust. 

What Happens If I Get a Bond Claim?

Beneficiaries can file a bond claim along with the county court where the trust resides. All bond claims are investigated thoroughly by the court prior to reaching Jet; because of this, there is little Jet can do to mitigate a bond payout. Upon receiving a bond claim from the court, Jet has 30 days to provide the claim payment to the damaged person(s). It is in the trustee’s best interest to be responsive with Jet through this process.

Valid bond claims that are paid out by Jet require reimbursement to Jet from the trustee. The surety bond acts as a financial guarantee that the trustee will complete administration according to the trust’s terms. The bond pays out claims for trustee fraud and the trustee remains liable for the actions, thus being required to reimburse the Surety (Jet).

Why Is the Trustee Bond Required? 

In a living trust, the trustee is usually the person who sets up the trust. Sometimes a person setting up a trust will delegate a trustee on their behalf to represent the trust when they pass away. The Trustee Bond is only required if it is specified in the terms of the trust and/or if the court considers the bond necessary for the welfare of the trust’s beneficiaries. 

Most states utilize the Uniform Trust Code and do not require the trustee to secure a surety bond, but there are still some that do. When the bond is required, it is for the financial protection of the beneficiaries to ensure the trustee acts in accordance with the trust’s terms. If the trustee acts maliciously the beneficiaries and/or court have the bond as recourse.

How Does the Application Process Work With Jet?

Jet’s application only takes a few minutes to complete. Information pertaining to the applicant and trust is gathered through our application process which allows Jet to determine eligibility and the cost. During the application you will be able to select where and how fast you want the bond to be shipped out. Click the button below to get started.

APPLY FOR TRUSTEE BOND

How to Renew the Trustee Bond

Trustee Bonds can be purchased in 1-, 2-, or 3-year terms depending on the trustee’s preference and the conditions of the trust. No matter which option is chosen, Jet makes certain you are notified of renewal with ample time so you won’t miss payment. 

What Other Bonds are Required By Courts?

There are various court bond requirements and Jet offers them all. There are several types of Probate Bonds similar to Trustee Bonds for those who manage estates and trusts: The Administrator/Executor Bond and the Guardian/Conservator bond.

 

Which States Utilize the Uniform Trust Code?

Many states utilize the Uniform Trust Code but there are still some that don’t. The chart below shows the state-by-state regulations and states that have not adopted the UTC have individual pages linked.

UTC ADOPTION BY STATE
State UTC Adopted
Alabama Yes - Since 2006
Alaska No
Arizona Yes - Since 2008
Arkansas Yes - Since 2005
California No
Colorado Yes - Since 2018
Connecticut Yes - Since 2019
Delaware No
Florida Yes - Since 2006
Georgia No
Hawaii No
Idaho No
Illinois Yes - Since 2019
Indiana No
Iowa No
Kansas Yes - Since 2002
Kentucky Yes - Since 2014
Louisiana No
Maine Yes - Since 2004
Maryland Yes - Since 2014
Massachusetts Yes - Since 2012
Michigan Yes - Since 2009
Minnesota Yes - Since 2015
Mississippi Yes - Since 2014
Missouri Yes - Since 2004
Montana Yes - Since 2013
Nebraska Yes - Since 2003
Nevada No
New Hampshire Yes - Since 2004
New Jersey Yes - Since 2016
New Mexico Yes - Since 2003
New York No
North Carolina Yes - Since 2005
North Dakota Yes - Since 2007
Ohio Yes - Since 2006
Oklahoma No
Oregon Yes - Since 2005
Pennslyvania Yes - Since 2006
Rhode Island No
South Carolina Yes - Since 2005
South Dakota No
Tennessee Yes - Since 2004
Texas No
Utah Yes - Since 2004
Vermont Yes - Since 2009
Virginia Yes - Since 2005
Washington No
West Virginia Yes - Since 2011
Wisconsin Yes - Since 2014
Wyoming Yes - Since 2003