A probate bond — also called a fiduciary bond — guarantees that the person a court appoints to manage someone else's assets will do it honestly and according to law. If that person mismanages or takes the assets, the heirs or beneficiaries can recover through the bond, and the person who was bonded must repay the surety. For lawsuit bonds such as appeal, attachment, and injunction bonds, see our civil court bonds page.
Who Needs a Probate Bond?
- Executors — named in a will to administer a deceased person's estate
- Administrators — appointed by the court when there is no will, or no executor who can serve
- Guardians — appointed to manage a minor's estate
- Conservators — appointed to manage the estate of an adult who cannot manage their own affairs
- Trustees — when a court orders a trustee to be bonded
When Does a California Court Require a Bond?
Under Probate Code § 8480, every executor or administrator must give a bond approved by the court before letters are issued. Probate Code § 2320 sets the same rule for guardians and conservators. Until the bond is filed, the court won't issue your letters, and you can't act for the estate.
Can the Bond Be Waived?
For an executor or administrator, Probate Code § 8481 says no bond is needed when:
- The will waives it, or
- All beneficiaries waive it in writing, with the waivers attached to the petition — unless the will itself requires a bond.
Even with a waiver, the court can still require a bond for good cause, either on its own or at the request of any interested person.
Check the Will First
Many wills include a bond waiver. If yours does and no one objects, you may not need a bond at all. If the court orders one anyway, we can move quickly to get it filed.
How the Court Sets the Bond Amount
Executors and Administrators
Under Probate Code § 8482, the bond can be no more than the estimated value of the estate's personal property plus its probable annual gross income. If the court grants independent administration with authority to sell real property, it may add the value of the real estate. For example, an estate with $300,000 in personal property and $20,000 a year in income would carry a bond of up to $320,000.
Guardians and Conservators
Under Probate Code § 2320, the bond covers the value of the estate's personal property, the probable annual gross income of all its property, expected public benefit payments such as Social Security, and a reasonable amount for the cost of collecting on the bond, including attorney's fees.
In both cases, if the bond is given by personal sureties instead of an admitted surety insurer, it must be twice the amount.
Who Pays for a Probate Bond?
You buy the bond as the appointed representative, but Probate Code § 8486 allows the executor or administrator the reasonable cost of the bond for every year it remains in force. In practice, the premium is recovered through the estate rather than coming out of your own pocket.
How Long Does a Probate Bond Last?
The bond stays in force for as long as you're serving, and it renews each year until the court closes the matter and discharges you. Once you're discharged, the bond is released.
How Much Does a Probate Bond Cost?
You pay an annual premium, a percentage of the bond amount, not the bond amount itself. The rate depends on the size of the bond and on your credit and finances. We submit your application to several surety companies, and each sets its own rate, so your premium isn't set until you're approved.
How to Get a Probate Bond
- Send us the court order or petition showing the bond amount, or the estate's estimated value, along with the court and case number.
- Complete a short application.
- Get approved and pay the premium.
- Receive your bond, ready to file with the court.
Why Advanced Surety?
Probate bonds come with court deadlines and a role many people have never held before. We explain what the court is asking for, place the bond with several A-rated surety companies, and get it to you ready to file.