Administrator Surety Bonds

The court asked for a bond. We can have it filed quickly.

If you have been appointed to administer an estate, the Surrogate or Probate Court will usually require a bond before letters are issued. BF Bond has handled probate surety since 1949 and works with families and estate attorneys every day.

The Basics

What is an administrator bond?

An administrator bond is a probate bond the court requires from the person appointed to settle the estate of someone who died without a valid will. It is a guarantee to the heirs and to the estate creditors that you will handle the estate honestly and according to law: inventory the assets, pay legitimate debts and taxes, keep estate money separate from your own, and distribute what remains to the rightful people.

The court is the obligee here. You are the principal. The surety carrier stands behind your conduct. If you mishandle estate assets and a beneficiary or creditor suffers a loss, they can make a claim on the bond, and the surety that pays that claim can then recover from you personally. In practice, administrators who keep clean records and follow the court accounting schedule never see a claim.

You may also hear this called an administration bond, a probate bond, a fiduciary bond, or letters of administration bond. When the deceased left a will and named someone, the equivalent instrument is called an executor bond. The underwriting and the process are effectively the same.

Probate court bench where estate administrators are appointed

Administrator bonds at a glance

Bond amount

Set by the court, commonly the value of the personal property in the estate plus one year of expected income

Premium

A small percentage of the bond amount, charged annually while the estate remains open

Term

Stays in force until the estate is settled and the court formally discharges you

Who requires it

The Surrogate, Probate, or Orphans Court handling the estate

Also called

Administration bond, probate bond, fiduciary bond, letters of administration bond

When It Applies

Situations that call for an administrator bond

Courts require a bond most often in these circumstances. Your attorney or the court clerk will confirm what applies in your county.

No Valid Will

When someone dies intestate, the court appoints an administrator and almost always conditions the appointment on a bond being filed.

Multiple or Distant Heirs

Where heirs are numerous, minors, or not in agreement, courts are far less willing to waive the bond requirement.

Out-of-State Fiduciary

Many courts require a bond as a matter of course when the appointed administrator lives outside the state where the estate is being probated.

Court Orders It Anyway

Even where a will waives bond, a judge can still require one if the estate is contested, complex, or holds substantial liquid assets.

How It Works

How the bond gets filed

01

Apply online

Complete our probate application in about five minutes. Save and resume if you are still waiting on estate figures.

02

Send the court papers

Share the petition or the court order stating the required bond amount. Your attorney can send it directly to us.

03

Underwriting review

A quick review of the estate details and your credit history. Most straightforward estates are approved the same business day.

04

Bond to the court

We issue on the form your court accepts, with the required seal and power of attorney, ready for filing with the clerk.

Questions

Administrator bond FAQs

You pay an annual premium, not the full bond amount. Premium is a small percentage of the bond amount and the rate steps down as the amount rises, so a larger estate costs proportionally less. The premium is generally payable from estate funds as an administration expense rather than out of your own pocket. Send us the bond amount from the court order and we will quote it exactly, usually the same business day.
The court does, and the rule varies by state and sometimes by county. A common formula is the value of the estate personal property plus one year of anticipated income, with real estate excluded unless it is being sold. The figure is stated in the petition or the appointing order. We simply write the bond in the amount the court specifies.
Sometimes. If the deceased left a will that expressly waives bond, or if all adult beneficiaries consent in writing and the court agrees, a judge may waive it. Waiver is much less likely where there is no will, where heirs are minors or disagree, or where the fiduciary lives out of state. The court has the final say either way.
It is still very often approved. Credit is one underwriting factor on probate bonds, and weaker credit can affect the rate or prompt questions on larger estates, but it is rarely an outright bar on its own. Where credit is a genuine obstacle, options such as restricting estate accounts so withdrawals require court approval can satisfy the carrier. Tell us the situation up front and we will find the workable path.
Until the estate is closed and the court discharges you as fiduciary. The premium renews annually while the estate remains open, so settling efficiently keeps the cost down. When you receive your discharge order, send it to us and we will close out the bond and stop the renewals.
Yes, and we usually do. Attorneys send us the petition and order directly, we handle the application and underwriting, and the executed bond goes back in the form the clerk will accept for filing. If you would rather we deal with your attorney and keep you out of the paperwork, just give us their contact details on the application.
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More Probate & Fiduciary bonds

Let us get the bond off your list.

Five minutes to apply, and a BF Bond probate agent takes it from there. Call (800) 921-1008 if the court has given you a filing date.

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Probate Bond Application

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Probate Bond Application
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