Updated: January, 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. 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.
What is the purpose of an estate bond?
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.
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 rate 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?
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.
- 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 agreement 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.
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.
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?
