Probate Court Bond Information
Consumer Q&A on Estate Bonds, Guardianship Bonds, Probate Court Bonds

It's a simple estate and there aren't any funds. I do not have an attorney. Why can't I obtain a probate court bond?


Although probate court matters may seem simple, and court personnel may accept filings directly from applicants, many intricacies are involved with any estate.


When an estate bond is issued, applicant is ultimately responsible for any liability, but insurance carrier issuing bond is initially responsible for claims against bond. Under certain circumstances, if estate administrator disburses money not pre-authorized by court, bond could be ordered to pay.  This is even if expense was incurred for benefit of estate, even if no malfeasance was intended.  Many other difficult estate issues may arise throughout the estate administration.  We highly recommend to obtain a qualified attorney.


While probate courts will accept filings without an attorney, insurance carriers issuing bonds generally require applicant to have an attorney.  An attorney is another layer of expertise to avoid liability from a bond.