Posting Bond For Probate In Contra Costa

Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-00006DR
Format:
Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

Serving without bond means the executor does not need "insurance" to protect the estate from damages from the executor breaching their fiduciary duty. An "Unsupervised estate" does not require the submission of a final accounting by the estate's executor to the court before assets are distributed to beneficiaries.

In California, you must post a probate bond before you can begin your duties as personal representative of an estate. The court will require you to post a bond unless the will waives the bond requirement or all of the beneficiaries agree to waive the bond.

A: The probate process in Contra Costa County typically involves the following steps: filing a petition with the Contra Costa County Superior Court, appointing an executor or personal representative, gathering and inventorying assets, paying debts and taxes, and distributing assets to beneficiaries.

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.

Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)

Can I Do Probate on My Own, Without an Attorney? It's entirely possible to complete all the steps of probate on your own, without an attorney representing you.

Open a case You (the person who starts the case) are called the “petitioner." You must file forms with the court to “open probate.” You file a Petition for Probate (form DE-111) along with other court forms. File the case in the county where the person who died (the decedent) lived.

Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)

As an overall process, you are working toward two court hearings, widely separated in time, by A) Getting all the documents and interested parties together for the First Probate Hearing, B) Getting the authority to act on behalf of the estate at the first hearing, known as The Probate Hearing, C) Taking control of the ...

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Posting Bond For Probate In Contra Costa