What Is a Probate Bond?
Probate bonds, also known as fiduciary or estate bonds, are a type of surety bond enforced by county courts throughout the United States that protect the beneficiaries of an estate from financial harm. In California, probate bonds are required to ensure that executors, administrators, guardians, or conservators act in the best interests of the estate and its beneficiaries.
The term “probate bond” is a blanket term for several different bond types that a probate court utilizes while someone is fulfilling the obligations of an administrator or executor of a deceased person’s estate or the guardian or conservator of a minor or incompetent adult. In California, these bonds are mandated under the California Probate Code, which outlines the duties and responsibilities of fiduciaries.
The bond guarantees compensation for interested parties in a probate case if the person securing the bond (the fiduciary) fails to fulfill their duties or causes any financial harm to beneficiaries of the estate. This ensures that the estate is managed and distributed according to the will or state laws if no will exists.
How Much Do Probate Bonds Cost?
Probate surety bonds cost approximately 0.5% of the bond amount. The percentage rate a personal representative will have to pay decreases for larger bond amounts. In California, the cost structure for probate bonds is similar to national standards. Jet Insurance, for example, charges a minimum of $85, with rates as low as 0.1% for bond amounts over $1.5 million.
Several factors impact the price and approval of a probate bond, including:
Bond Amount
The probate court typically sets the bond amount based on the value of the estate and any outstanding debt.
Details of the Estate
The complexity and specific circumstances of the estate can influence the bond cost.
Applicant’s Credit and Financial History
The creditworthiness and financial history of the fiduciary play a significant role in determining the bond premium.
In California, underwriters review the merits of each application and employ unique tools to help administrators and guardians get approved. The process ensures that fiduciaries can fulfill their obligations without causing financial harm to the estate’s beneficiaries.