Probate Bonds – Your Guide to Estate Bonds

Updated: March, 2025

How do I get a Probate Bond (also known as an Estate Bond)? We work as hard as possible to make getting a probate bond as easy as possible. Just click the blue buttons below based on your need. Please send the court documents or petitions to be filed with the court itself.
Personal Financial Statements may be required based on bond amount and state. – PDF file, Excel File.

Once we receive the probate bond application and documents from you, we will process it. Either we or our surety will run a soft credit check! We will have an answer typically within 24 business hours. Once approved, we will send you an invoice. Once paid we will send a draft for the bond. Once the draft looks good, we will send the bond to you. We can mail the bond to you for a small fee; otherwise, we will email it to you. Easy, peasy!

What is a Probate Bond?

A probate bond is a type of fiduciary bond (also known as an executor’s bond) in a legal proceeding called probate. It is a court bond that is issued on the performance of an executor or administrator of an estate through the probate process. The purpose of the bond is to protect the beneficiaries or creditors of the estate from harm caused by the malfeasance or negligence of the executor or administrator. Similar to contract bonds in the construction industry, which ensure contractors meet their obligations as outlined in their contracts, a probate court bond is issued to administrators, executors, conservators, and guardians in probate estates. These bonds ensure that the administrator will adequately perform their obligations in the probate matter (as they are rarely used in any trust administration) by making sure that the inheritance goes where it is supposed to go. Companies specializing in swift bonds provide quick estimates and fast approvals, highlighting their efficiency and customer service.

What is the purpose of an estate bond?

The purpose of a probate bond is to protect the estate of a deceased person from any potential losses that may occur due to the actions of the executor or administrator of the estate. Similarly, contract bonds play a crucial role in the construction industry by guaranteeing that contractors will fulfill their contractual obligations. A probate bond is a type of surety bond that is required by law in some states in order to ensure that the executor or administrator of an estate will fulfill their duties in an honest and responsible manner. These bonds are often provided by companies that specialize in essential services, ensuring compliance and protecting the interests of all parties involved.

How Much does a Probate Bond Cost?

The cost of a probate fidelity bond can vary widely depending on the amount of coverage that is required. It is based on the total amount of the estate, including any real estate, that the personal representative has to oversee.

In addition to probate bonds, we offer specialized services related to surety bonds, including bid bonds. Our expertise ensures quick approval processes and competitive pricing for contractors needing these bonds. We pride ourselves on providing swift bonds, which means you can expect fast estimates and approvals, ensuring efficiency and excellent customer service.

The bond premiums are calculated per the table below. We work diligently to find the lowest premiums possible. Please call us today at (979) 314-2999. We’ll find you the very best possible.

Bond Amount Needed	Fee
<$20,000	$100-150
$21,000 – $30,000	$125 – $200
$30,000 and above:	0.8% of the bond value

Who is typically required to post a bond in an estate matter?

Typically, a probate bond is required to be posted by the executor or administrator of an estate, similar to how a bid bond is crucial in construction projects to assure project owners that contractors will fulfill their contractual obligations. The executor or administrator is the person appointed by the court to manage the estate of a deceased person. The bond is a form of insurance that protects the estate from any mismanagement or fraud by the executor or administrator. The probate bond is a type of surety bond that is purchased by the executor or administrator from a surety company, which collaborates with various companies to ensure the bond's effectiveness and reliability.

I’m a Personal Representative – do I even need a Bond? I mean, what is an example of Malfeasance?

Let’s assume that your Uncle Larry was appointed as the personal representative (i.e., administrator) of your father’s estate. The probate estate consists of your family home, which is valued at $350,000. There are also several bank accounts worth several thousand dollars, a life insurance policy, two cars, a gun collection and plenty of sentimental items. Unfortunately, your uncle Larry has money issues and is going through a divorce. So, instead of fulfilling his duties to you and your family through the probate process, he instead takes the life insurance proceeds, the gun collection and cleans out the bank accounts and leaves the country.

Interesting Facts about Probate and Estate Bonds

Probate bonds are a type of surety bond that is required by a court to guarantee the performance of an executor or administrator of a deceased person’s estate. As a leading provider of surety and swift bonds, we offer comprehensive solutions and exceptional customer service to meet all your probate bond needs.
Probate bonds are also known as fiduciary bonds and are typically required when an executor or administrator is appointed to manage the estate of a deceased person.
The purpose of a probate bond is to protect the estate from any potential losses due to the executor or administrator’s negligence or mismanagement.
The probate bond is purchased by the executor or administrator and is typically in the amount of the total value of the estate.
The bond is typically issued by an insurance company and is backed by a financial guarantee.
The bond is also a guarantee that the executor or administrator will perform their duties in accordance with the law and the instructions of the court.

How Does a Probate Bond Work in Court?

You may notice that many Wills that are drafted by attorneys waive the requirement of the bond. However, if the court bond is not waived by the Will, then a probate fiduciary bond is needed. The only way to then get away without a commercial bond will be if you 1) get all heirs to agree to waive the bond requirement; 2) whether there are any debts outstanding; and 3) whether the judge will allow for the waiver of the bond. If you are unable to get an by the heirs to waive the fidelity bond requirement, then you will have to get a court fiduciary bond. If there are substantial unsecured debts, then you’ll have to get the executors bond anyway. We have seen it goes both ways in whether a judge will agree to waive the executor bond requirement.

In addition to probate bonds, we also offer license and permit bonds as part of our comprehensive surety bond services. These bonds are essential for businesses needing to comply with regulatory requirements to operate legally. Our partnerships with various companies ensure that we provide efficient and reliable surety bond services to meet all your needs.

What is a Court Bond and How do I Get One?

A court bond is a bit different than a probate bond, described above. Instead, a Court Bond is generally a bond that is used for another court-specific purpose. A Court Surety Bond, also known as a judicial bond, protects one party from a loss.

In addition to court bonds, permit bonds are crucial in ensuring compliance and supporting contractors and small businesses in securing necessary permits for their operations. Companies specializing in swift bonds, such as bid bonds, contract bonds, and surety bonds, provide quick estimates and fast approvals, highlighting their efficiency and customer service.

The most typical type of court bonds are:

Indemnity Bonds (sheriff bond) – this protects the marshall from a lawsuit from the party whose assets are seized
Cost Bonds – these guarantee the repayment of costs that are connected when a lower court’s decision is being appealed
Plaintiff’s Bond – this guarantees a certain amount of damages that a party suffers if the action is held in favor of defendant
Replevin Bonds – these guarantee that the property that was seized will remain in good condition and not disposed of or sold. It is a type of plaintiff’s bond.
Attachment Bonds – A court can require these before property is seized in order to secure a judgment. A type of plaintiff’s bond.
Appeal Bonds – a bond put up by a defendant to guarantee the damages already awarded by a lower court to the plaintiff.

What are the consequences of failing to post an estate bond?

The consequences of failing to post a probate bond can be serious and far-reaching. First, if a probate bond is not posted, the executor or administrator of the estate will be personally liable for any losses or damages that may occur during the administration of the estate.

Types of Probate Bonds

Overview of Different Types

Probate bonds are a type of surety bond required in various situations involving the administration of a deceased person’s estate. There are several types of probate bonds, each serving a specific purpose and having unique requirements. Here are some of the most common types:

Administrator Bonds: Required when an administrator is appointed to manage the estate of a deceased person who did not leave a will.
Executor Bonds: Required when an executor is appointed to manage the estate of a deceased person who left a will.
Guardian Bonds: Required when a guardian is appointed to manage the estate of a minor or incapacitated person.
Conservator Bonds: Required when a conservator is appointed to manage the estate of a person who is unable to manage their own affairs.

Specific Use Cases for Each Type

Each type of probate bond has its own specific use case. Here are some examples:

Administrator Bonds: Typically required when the deceased person did not leave a will, and the court appoints an administrator to manage the estate.
Executor Bonds: Typically required when the deceased person left a will, and the court appoints an executor to manage the estate.
Guardian Bonds: Typically required when a minor or incapacitated person inherits property or assets, and a guardian is appointed to manage their estate.
Conservator Bonds: Typically required when a person is unable to manage their own affairs, and a conservator is appointed to manage their estate.

How to Get a Probate Bond

Steps to Obtain a Probate Bond

Obtaining a probate bond typically involves the following steps:

Determine the Type of Probate Bond Required: The first step is to determine which type of probate bond is required, based on the specific situation and the laws of the state in which the estate is being administered.
Contact a Surety Bond Company: Once the type of probate bond required has been determined, the next step is to contact a surety bond company that specializes in probate bonds.
Provide Required Information: The surety bond company will require certain information, such as the name and address of the estate, the name and address of the administrator, executor, guardian, or conservator, and the value of the estate.
Complete the Application: The surety bond company will provide an application for the probate bond, which must be completed and signed by the administrator, executor, guardian, or conservator.
Pay the Premium: Once the application has been completed and signed, the next step is to pay the premium for the probate bond.
Receive the Bond: Once the premium has been paid, the surety bond company will issue the probate bond, which must be filed with the court.

Note: The process for obtaining a probate bond may vary depending on the state and the specific circumstances of the estate. It’s always best to consult with a surety bond company that specializes in probate bonds to ensure that the process is completed correctly.

Claims Process and Bond Liability

Understanding Claims Against Probate Bonds

When a claim is made against a probate bond, the surety company steps in to investigate the claim’s validity. This process ensures that any allegations of mismanagement or fraud by the executor or administrator are thoroughly examined. If the claim is found to be valid, the surety company will pay out the claim up to the bond amount. However, it’s important to note that the bondholder is then responsible for reimbursing the surety company for the amount paid out.

During the claims process, the bondholder may need to provide documentation and evidence to support their position. This could include financial records, correspondence, and other relevant materials. The surety company may also require the bondholder to take specific actions to mitigate the claim, such as rectifying any issues identified during the investigation.

The claims process can be complex and time-consuming, making it crucial to work with a reputable surety company experienced in handling claims against probate bonds. This ensures that the process is managed efficiently and fairly, protecting the interests of all parties involved.

Responsibilities and Liabilities of the Bondholder

As a bondholder, you have several key responsibilities and liabilities when it comes to a probate bond. These include:

Proper Execution and Filing: Ensuring that the bond is correctly executed and filed with the court is essential. This step is crucial for the bond to be valid and enforceable.
Accurate Information: Providing accurate and complete information to the surety company is vital. Any discrepancies or omissions can lead to complications during the claims process.
Cooperation: Cooperating with the surety company during the claims process is necessary. This includes responding to requests for information and taking any required actions to address the claim.
Reimbursement: If a claim is paid out, the bondholder must reimburse the surety company for the amount paid. This financial responsibility underscores the importance of managing the estate diligently and ethically.

Failure to fulfill these responsibilities can result in serious consequences, such as the denial of a claim or the revocation of the bond. Therefore, it’s essential to understand and adhere to these obligations to ensure the smooth administration of the estate.