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.
The estate settlement process can last for several months up to several years, but 12–24 months is the typical timeframe for estate bonds. A fiduciary must be formally released of their duties by the court before the surety company can cancel the bond policy.
After the probate bond is approved, the executor or administrator pays the non-refundable premium to the surety. This bond protects the executor in their duties to the estate's beneficiaries and creditors. If the executor doesn't manage the estate right, beneficiaries or creditors can make a probate bond claim.
There is no specific timeline you must file to begin probate. However, you must bring a will to court within five years of someone being appointed as a personal representative.
A survivor is named on the bond(s) If you are the named co-owner or beneficiary who inherits the bond, you have different options for paper EE or I bonds and paper HH bonds. If only one person is named on the bond and that person has died, the bond belongs to that person's estate.
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.
Getting bonded is a major step in the licensing and operations of many businesses and contractors, but how long does it take to get a surety bond? The necessary time for approval can vary significantly — in some cases, it can be instant, while in others it can take between one to four days, or longer.
Probate typically takes 9 to 12 months to settle an estate. Your probate case manager will be in close contact with organisations such as HM Revenue & Customs (HMRC), HM Court Service, the Department for Work and Pensions and all relevant financial institutions during the estate administration.