Surety bonds are frequently necessary for people who have taken on handling the probate procedure for a person or have been designated by the court to do so. Probate bonds ensure that any cases of mismanagement of inheritance are covered. A surety bond is an umbrella term for court-mandated surety contracts which protects both the executor and the inheritor’s interests. To better understand surety bonds as a whole, one should become familiar with the many types of bonds that lie under the probate framework.
The Subsets of Surety Bonds for Property Inheritors:
- Executor Bond: An executor bond, also known as an administrator bond, is a legal document that appoints someone to carry out the probate procedure. The executor is either designated by the deceased while they were still alive or appointed by the court after the person’s death. The executor bond will secure the inheritor from any legitimate estate mismanagement or fraud claims.
- Foreign Executor Bond: When a property and asset executor or administrator named in a will lives outside the state or country, the courts will demand a foreign executor bond. The bond protects the beneficiaries from the executor’s mishandling of the inheritance.
The Subsets of Guardianship Bonds:
- Guardian of a minor bond: This is a surety bond for a guardian in charge of minors who have been declared by a court to be too young to manage the inheritance and assets granted to them competently. This bond would cover any claims of misappropriation of the minor’s estate.
- Conservator Bond: A conservator is appointed to look after persons who are found incapable of looking after the property entrusted to them. An inheritor may be incapable of handling assets for various reasons, including being disabled and unfit to manage a property.
A trustee is an individual who is lawfully authorized to oversee assets named in a trust, which is typically established before a person’s demise. A trustee manages the trust’s holdings and has the authority to sell them, perform property maintenance, draw insurance on the asset, pay any debts related to the holdings and the estate, and make all appropriate payments to beneficiaries. Because each state has its unique norms and legislation, probate codes should be thoroughly studied as per the state for other trustee authorities. The probate court frequently requires a trustee bond.
The Importance of Selecting the Correct Surety Bond Broker:
As you can see, surety bonds are very much desired by most inheritors and owners to safeguard their inheritance. Even a minor incident can lead to swift legal action against an executor. Hence as an executor, it is crucial to have some aspects of the bond in your favor.
It is ideal to go ahead with an expert bond broker who can take you through the filing process and assist an executor in creating a positive first impression of the bond firm. Since the broker will represent the executor’s case, campaign for approval, and bargain at their behest, the broker’s skills and reputation with bond firms are pretty significant. An untrained broker may misclassify the executor’s risk, resulting mishandling of the entire process.
The Probate bonds guarantee the executor will act in accordance with certain regulations. If the executor does not perform the duties bestowed, the bond will cover resulting damages or losses. Hence, executors must get a surety bond from a bond firm at a favorable rate. To facilitate this, executors can seek the assistance of an experienced surety bond broker who will expedite the process of obtaining the bond at a rate that is in favor of the executor.