What is a Probate Bond (estate, fiduciary)?
Fiduciary bonds are required by a court when you are named as the fiduciary or executor to protect the rightful heirs of an estate. The court requirements will vary by the state, county, township or city where the decedent lived at the time of his death, as probate laws vary by jurisdiction.
If you do not handle the estate of a deceased individual according to the will or a court, a claim can be filed on your bond which you’re responsible to pay. 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. This bond type is referred to by other names such as probate bonds, estate bonds and 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. If you would like to learn more about what surety bonds are and how they work, you can read our detailed guide here/a>.
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.