Estate surety bond
Estate surety bond
An estate surety bond is a bond which guarantees that the fiduciaries will fulfil their responsibilities of properly allocating the estate of the deceased individual or an individual who is incapacitated mentally or physically. An estate surety bond is usually required by the court. A fiduciary is a person who manages a property or a sum of money on behalf of beneficiary. Estate surety bond is like an insurance policy for the estate which makes sure that the executor does not misutilize the estate’s assets. Estate surety bond is filed in the probate court. The probate process is a process of resolving the claims made against an estate in a legal manner. Estate surety bond is required to manage the estate of deceased or an incompetent individual. These bonds are also needed in the eventuality that the owner of the estate is a minor. Usually, the executor of the will is also entrusted with the task of taking care of the probate process by the court. The requirement of the estate surety bond can be waived off if the decadent has mentioned so in his will. But in case the deceased did not mention such a waiver in the will or died without a will at all, then estate surety bond is mandatory. Also, as per the Probate Act, corporations who are acting as the executors are also not required to have an estate surety bond. The estate surety bond is assessed at about 1 to 1.5 times the estate’s personal property value. This is the bond value in case a surety company issues the bond. However, surety can be obtained from alternative sources. The surety can also be provided by two individuals whom the court approves in which case the bond value is usually 2 times the estate’s personal property value. This increased bond value is because individuals have a lot less credibility as compared to bond companies. As per the Probate Act, the need for an estate surety bond can be waived in certain scenarios. The need for an estate surety bond can be bypassed if the executor deposits part or all of the estate’s personal property, as deemed fit by the court, with a trust which is acceptable by the court. As can be noticed, the value of the bond is not based on the total value of the estate, but only on the value of the personal property of the estate. The reason that the bond is based on the estate’s personal property and not the entire value of the property is because the immovable parts of the estate are considered safe and the court considers that there are less chances of mis-handling of real estate property.