What Is a Surety Bond and Why Might You Need One in Probate?

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What Is a Surety Bond and Why Might You Need One in Probate?

You’ve been named the Personal Representative, now the Register of Wills is asking you to pay for a bond? Let’s talk about why.

Being named as a Personal Representative is both an honor and a serious responsibility. It means your loved one trusted you to manage their final affairs with care and integrity. But if you’ve recently stepped into this role, you might have been surprised to learn that the Register of Wills is requiring you to post a surety bond.

Understanding Surety Bonds

A surety bond is like an insurance policy that protects the estate’s beneficiaries and creditors. It ensures that, as Personal Representative, you carry out your duties properly. If estate assets are mismanaged—whether by mistake or misconduct—the bond provides financial protection to those affected.

Why a Bond Might Be Required—Even When You Mean Well

Here’s what’s important to understand: the requirement for a bond isn’t necessarily a reflection of your character or trustworthiness. The Register of Wills may require a bond even when the deceased’s will specifically names you as Personal Representative and even when that same will includes language waiving the bond requirement.

This can happen for several reasons: maybe you live outside the state, the estate is large or complex, or an heir raises concerns. In other words, requiring a bond doesn’t mean the court thinks you’re untrustworthy. It’s simply an extra layer of protection.

Moving Forward with Confidence

The probate process is designed to protect all parties involved and ensure the estate is handled properly. Requiring a bond is one way the court helps safeguard the estate’s assets.

If you’re creating your own estate plan, you can choose whether to require your Personal Representative to be bonded. Many people waive this to save their loved ones time and expense—but keep in mind, the Register of Wills can still require one, depending on the circumstances.

Let’s build your legacy, together.

At the Law Offices of Elsa W. Smith, LLC we help women take control of their legacy. Whether you’re planning your estate or administering one for a loved one, we’ll help you understand your responsibilities and protect the people and assets that matter most.

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Information in this article is provided for educational purposes only and not intended to constitute legal advice. Please consult with a licensed attorney in your jurisdiction for help with your specific situation.