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Probate Bond (Estate Bond)

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FAQ

  • How much does a probate bond cost?
  • Prices are a percentage of the bond amount. They will vary depending on the personal credit of the applicant along with the conditions surrounding the estate. If you are just looking for an idea of pricing, you can get a range of costs or you can apply online and get an exact price.

  • Is a probate surety bond protection for me?
  • No. As the executor or fiduciary, you are provided no insurance from the bond. It protects rightful heirs receiving inheritance by guaranteeing you (the executor/fiduciary) will disburse the estate per the will or probate laws; should you fail to do so a claim can be made to make the heirs whole. The bond does not protect any heir that is also the executor or fiduciary.

  • Can I get approved for probate bonding without collateral?
  • Yes. Collateral is not required for most probate bonds. They are usually approved with just your indemnification and premium.

  • I have bad credit. Can I still get a bond?
  • 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.

  • Why is a probate bond required of me?
  • It protects all rightful heirs of estates in which you are executor or fiduciary by guaranteeing you will abide by the will or probate laws if there is no will. If you do not disburse the estate according to the will or probate laws, a claim can be filed on the bond, which you must repay.

  • How do I avoid claims?
  • 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.

  • Still have questions? See our Education Center or ask us now!


What Are Probate and Estate Bonds?

Probate bonds, also referred to as estate bonds, protect rightful heirs as they guarantee a fiduciary or executor will handle the estate of a deceased individual according to the will or a court. Other terms used for this bond include executor bonds and fiduciary bonds; although the names vary, they still provide the same guarantee.


What Do Probate Bonds Cost?

Costs are a portion of the bond amount, which vary by the personal credit of the fiduciary or executor and the conditions surrounding the estate; collateral is usually not required. You can use our tool to get a ballpark estimate or apply directly on our website to get an exact price.


Definition: A court surety bond that guarantees a fiduciary or executor will properly handle the estate of a deceased individual. These bonds can also be called estate, executor or fiduciary bonds.

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How Do Probate Bonds Work?

Probate bonds 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. The surety company will pay the claim initially, but will come back to the fiduciary or executor for reimbursement.


Can I Get A Probate Bond With Bad Credit?

It is possible, but approvals will depend on the severity of the credit issues. You may be able to get approved for a probate bond with minor credit issues. It helps to have legal counsel, as this will increase the chances of approval and guide you through the process. However, serious credit issues will prevent you from obtaining a probate bond. It is important to understand that surety bonds are a form of credit provided by the surety company, as the surety is guaranteeing that you will fulfill all obligations. Apply online and determine if you qualify.



Linda Simpson (Tue, 16 Jul 2013 13:28:36 -0400): IS A PROBATE BOND REFUNDABLE.Bryce Maddox (Sun, 06 Oct 2013 15:46:11 -0400): Hi Linda, Did you ever get an answer on this question. I as well have the same question :-(Diana Kirkpatrick Baxter (Tue, 14 Jan 2014 17:59:51 -0500): I would also like to know this and just how it works. I got a call from the receptionist at the attorney's office today to verify my address so she could mail a refund of the bond money, but it's been 2 yrs. 5 mos. since my mother's death, the estate was closed six mos. after her death, and I don't know if I'll get the full amount or just part of it. I didn't know a bond was refundable, so I'm interested in knowing more about this and how it works. I'll be happy with any amount I get.JW Surety Bonds (Thu, 16 Jan 2014 12:38:31 -0500): Hello Diana, Surety bond premiums are not refundable. I suggest you contact the attorney's office to discuss. I'm sorry I couldn't be of help.Cathy Samakouris Roberts (Sat, 01 Feb 2014 09:49:31 -0500): Must the person petitioning the court to be appointed as the administrator of the estate be the one to get the bond or could another person get the bond for them?JW Surety Bonds (Tue, 04 Feb 2014 15:21:53 -0500): Cathy, I apologize for the delay in answering your question. The person petitioning the court must get the bond in their own name. If you need help getting bonded, you can apply directly on our website and receive a quote at https://www.jwsuretybonds.com/protools.htm. Please let us know if you need further assistance.Paula Cornwell (Wed, 09 Apr 2014 02:54:06 -0400): do i need a fiduciary bond if i have a estate lawyer that has the settlement check , that is also handling all the bills and distributions to me and brothers and sisters[heirs] not understanding why i have to to one when my lawyer has the money,plus he will not send me any thing on my bond he had me to get,or any receipts for any bills JW Surety Bonds (Wed, 09 Apr 2014 14:30:44 -0400): Paula, A fiduciary bond is generally required of a personal representative or executor by either a will or a court. The reason is because, if appointed, you have a fiduciary responsibility to preserve the estate’s assets, pay taxes, bills, etc. whether or not an attorney acts on your behalf. You may want to visit our website and look around the court bond section for a more thorough understanding: http://www.jwsuretybonds.com/surety-bonds/court-bonds/probate_bond.htm. Please let us know if we can be of further assistance.William C Tellman (Tue, 22 Apr 2014 10:33:48 -0400): I need a fiduciary bond for my 401k retirement plan. I am not sure where to go online to apply for one.JW Surety Bonds (Tue, 22 Apr 2014 17:19:17 -0400): William, You may apply on our website for an ERISA fidelity bond and receive a quote at: http://www.jwsuretybonds.com/fidelity-bonds/applications/ Please let me know if you need further assistance.

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