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What is a Probate Surety Bond?
Probate bonds are required by a court when you are named as a fiduciary or executor to protect the rightful heirs of an estate. These bonds ensure that you fulfill your legal obligations and handle the estate according to the decedent's will or court instructions. The specific bond requirements vary by state, county, township, or city where the decedent resided at the time of their death, as probate laws differ by jurisdiction.
If you fail to administer the estate properly—whether by mishandling assets, failing to distribute them as directed, or engaging in unethical behavior—a claim can be filed against your bond. If the claim is upheld, you will be financially responsible for reimbursing the amount.
While some wills may specify that no bond is necessary, the final decision rests with the presiding judge, who can still require a bond. This bond type is often referred to as a probate bond, but it is also known by other names, such as estate bonds or executor bonds.
It's possible for heirs involved in the probate process to obtain cash advances; if you're interested in this, please read more here.
How Does a Probate Bond Work?
You're responsible to pay bond claims in full which can be as large as the full bond amount (including legal costs). The indemnity agreement you must sign to get your probate surety bond is a legal contract that pledges your corporate and personal assets if you cause bond claims.
Read our guide to learn more about how bond claims work. Unfortunately, many bond providers don’t take the time to explain how claims can put you at risk and how to avoid them; if your agent doesn’t take the time to do this, we strongly suggest that you reconsider working with them. Find out what makes our company different from other bond providers.
How Much Does a Probate Bond Cost?
Surety bond pricing is a percentage of the executor bond amount, which is determined using your business financial strength (collateral is not required). You can use our free bond premium calculator tool to get a ballpark price estimate, or you can apply online to get a firm quote.
Can Heirs Get Cash Advances?
Yes, heirs involved in the probate process are able to obtain cash advances, but they must work with a company who specializes in providing them.
That's why we have partnered with ProbateADVANCE, who can provide cash advances without using the traditional credit metrics such as credit scores/status, income, etc. The cash advances are also non-recourse to the heir/client.
You can take a look at how simple their process is for obtaining your cash advance. You can also take a look at the most frequent surety bond related questions here.
Frequently Asked Questions
Yes. Collateral is not required for most probate bonds. They are usually approved with just your indemnification and premium.
It is possible. However, it depends on the extent of your credit issues. You may be able to get approved if you only have moderate credit problems. Serious credit issues will make you ineligible for bonding. Securing the help of legal counsel will help guide you through the process and increase your chances of getting approved. Fill out our application online to see if you qualify.
Execute the estate in accordance with the will. If there is no will, you must cooperate with the probate law. Watch our video to get a better understanding of claims.
You must contact us immediately, as we have a team of claim specialists here to find a resolution for you. Keep in mind, it is crucial that you work with an expert in the surety industry. Learn more about how to ensure you choose the proper bond company.
They are required by a court, and the court will vary by the county, township or city where the estate is located, as probate laws vary by jurisdiction. A bond can be required even if the will states that no bond is needed, as it is ultimately left to the judge's discretion. If a fiduciary or executor does not handle the estate according to the will or court orders, a claim can be filed on the bond to ensure the heirs receive the items outlined in the will.
You can take a look at our full list of court bonds.