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.
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.
When do I need a contract surety bond? Any federal construction contract valued at $150,000 or more requires surety bonds when a contractor bids or as a condition of contract award. Most state and municipal governments have a similar requirement. Many private owners also elect to require contract surety bonds.
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.
Surety bonds are a common requirement in many industries, especially construction, where there is a higher risk of default. In large construction projects, owners will typically require a surety bond in order to protect themselves from financial loss in the event that the contractor fails to complete the project.
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.