Navigating the probate process after a loved one passes away can be overwhelming—especially if you're stepping into the role of managing their estate. One critical (yet often misunderstood) part of this process is the fiduciary’s bond, also known as a probate bond.
If you’ve been told you need to obtain one—or you’re just trying to understand the requirements before applying to be an Executor, Administrator, or Trustee—this guide is for you.
A fiduciary’s bond is a type of surety bond—a legal agreement that protects the beneficiaries and creditors of an estate if the fiduciary mismanages estate assets.
Simply put, it’s a financial safety net designed to ensure the fiduciary acts ethically, honestly, and in accordance with the law.
Think of it like an insurance policy. While it doesn’t protect the fiduciary themselves, it does protect the interests of the estate, offering peace of mind to everyone involved.
If a fiduciary fails in their legal responsibilities—such as misappropriating funds, neglecting debts, or favoring certain heirs unfairly—a claim can be made against the bond to recover losses.
If you’re applying to serve as the Executor, Administrator, or Trustee, the Probate Court will likely require you to obtain a fiduciary bond before officially appointing you. This requirement ensures that the fiduciary is financially accountable for their actions.
Courts often require these bonds to prevent:
The bond serves to protect the estate's beneficiaries and creditors from potential harm caused by the fiduciary’s actions—or inaction.
In general, anyone applying to serve as a fiduciary of an estate—whether as an Executor (named in a Will), an Administrator (appointed when there is no Will), or a Trustee (under a Trust)—will need to be bonded before they are officially appointed.
The Probate Court typically will not issue Letters Testamentary or Letters of Administration until the bond is filed and accepted.
Yes—while fiduciary bonds are generally required, the Probate Court recognizes several exceptions where a bond may not be necessary:
1. Surviving Spouse Exception
If the surviving spouse is applying to be the fiduciary, and there are no children born outside of the marriage, the court may waive the bond requirement.
2. Sole Heir or Beneficiary
If the fiduciary applicant is the sole heir or sole beneficiary of the estate, and no other interested parties are involved, the court may not require a bond.
3. Bond Waived by Will or Trust
If the deceased person left a valid Will or Trust that explicitly waives the bond, the court will usually honor that instruction—unless there is a compelling reason not to.
4. Discretionary Waiver by the Court
The Probate Court has discretion to waive the bond in certain limited situations. This may occur when the estate is very small, or when all interested parties agree in writing to waive the requirement.
A fiduciary’s bond isn’t just a formality—it’s a protection for everyone involved in the probate process. Whether you're stepping into the role of Executor or Administrator, understanding the purpose and process of obtaining a bond is a key part of being a responsible fiduciary.
Unsure if you need a fiduciary bond? We’re here to help you navigate probate requirements with clarity and confidence. Reach out today for experienced guidance.