California Personal Representative Bond (Probate Bond ~ California)

Bond Penalty: Equal to Decedent's Personal Property, Real Property and Residual Income

A California personal representative bond is generally required pursuant to Probate Code Section 8480-8488 unless specific criteria apply. Subsection (a) states specifically, "Except as otherwise provided by statute, every person appointed as personal representative shall give a surety bond to be approved by the court. If two or more persons are appointed, then the court may require either a separate bond from each or a joint and several personal representative bond."

There are notable exceptions to the fiduciary bond filing requirement. Per §8481, "A California personal representativebond is not required in either of the following cases: (1.) The will waives the requirement of a bond, or; (2.) All beneficiaries of the estate waive in writing the requirement of a bond and the written waivers are attached to the petition for appointment of the personal representative. The bond amount follows a specific formula per §8482:

  1. The court in its discretion may fix the amount of the bond, but the amount of the bond shall be not more than the sum of:
    1. The estimated value of the personal property.
    2. The probable annual gross income of the estate.
    3. If independent administration is granted as to real property, the estimated value of the decedent's interest in the real property.
  2. Notwithstanding subdivision (a), if the bond is given by an admitted surety insurer, the court may establish a fixed minimum amount for the bond, based on the minimum premium required by the admitted surety insurer.
  3. If the bond is given by personal sureties, the amount of the bond shall be twice the amount fixed by the court under subdivision (a).

There are many statutory duties imposed on a court-approved personal representative or administrator. Surety companies generally require the participation of an attorney-at-law in all probate matters administrated by a non-attorney fiduciary.

Identify legal counsel that specializes in estate cases on Martindale's website.

Underwriting of fiduciary bonds requires review by a surety specialist with knowledge of the statutes that regulate the activity of personal representatives in the jurisdiction where the bond will be filed. California surety bond leader, Surety One, Inc., specializes in the fiduciary class of surety bond. We offer these in all fifty states, Puerto Rico, Canada and U.S. Virgin Islands. Application submissions are reviewed and quoted on the same day as they are received. We are the MOST RESPONSIVE California probate bond underwriter. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or chat with us live here about your California personal representative bond need.

Surety bond application review and quoting are free of charge. There is no obligation to purchase.

What We Need From You

Additional Attachments

  • Copy of court documents.