Posting Bond For Estate In Bexar
Description
Form popularity
FAQ
A probate bond is a type of court bond issued on the performance of an executor of the estate of a recently deceased person. It essentially acts as a guarantee that the executor of an estate will act ing to state laws and the terms of the trust or will of the deceased.
Although Texas law does not require an estate to be officially closed, many dependent and independent executors do so in order to have the record show that they fulfilled their obligations.
To protect the estate from potential losses due to negligence or dishonest actions by the executor, a probate bond is often required. The bond acts as a form of insurance issued by a surety company, which serves as a third-party overseer.
Absent an express waiver in a valid will or a corporate fiduciary, the probate court may require a bond be filed before it appoints the personal representative. Whether a bond will be required depends on: Whether there are unsecured creditors of the estate who will not waive the bond requirement.
In some cases, beneficiaries may prefer an executor with no bond because they have less to lose if he or she improperly handles assets. An executor of a deceased person's estate without bond is a person who has the authority to fulfill the obligations of a deceased's will.
While each state is different, California generally requires your personal representative to be bonded. The only exceptions are when the testator's will expressly waives the requirement (and the court permits this to happen) or all the beneficiaries will agree in writing to waive the bond requirement.
Due to their individual requirements and processes, the length of time it takes to acquire a probate bond varies from company to company. However, many surety companies can bond a person within 24 hours or as quickly as within the same business day.
