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LAST WILL AND TESTAMENT
DEFINITIONS & INSTRUCTIONS
Bond of Personal Representative
and of Trustees
In most cases, your personal representative or executor will be required by law to post a bond with the court before his or her appointment. A bond is an extra administrative expense of your estate whose cost increases with the size of your estate. We suggest you contact your insurance agent if you desire to know the cost of a personal representative's bond. In almost all states, you can waive the requirement that the personal representative or executor post a bond in your will. Waiving the requirement of the bond will not free the personal representative or executor from liability if they mishandle the assets of your estate; however, the bond ensures that the estate will be able to recover any damages for misdeeds by the personal representative from the insurance company that issued the bond as opposed to having to rely upon the assets of the personal representative. The following is from the California Probate Code and is a good general explanation of the purpose of a bond:
15. Should I require a bond? You may require that an executor
post a "bond." A bond is a form of insurance to replace assets that
may be mismanaged or stolen by the executor. The cost of the bond is
paid from the estate's assets.
PROBATE CODE, SECTION 6240-6243
Thus, the decision comes down to whether you desire to have your estate incur the extra expense of a bond in exchange for having an insurance company as an additional place to recover any damages cause to your estate by the personal representative. As you may only desire to waive the bond requirement in the case of a blood relative or spouse serving as the personal representative, we have offered this as an option.
Bonds for Trustees. If the document package you purchased comes with a trust, then whatever determination you make with regard to whether the executor (personal representative) shall be required to post a bond shall also hold true for the Trustee of your trust (i.e., if the executor is required to post a bond then the trustee of any trust you have created will also be required to post a bond).
DISCLAIMER
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This service is not a substitute for the advice of an attorney and we encourage users to have all documents created on our site reviewed by an attorney. No attorney-client relationship is established by use of our online legal forms system and the user is not to rely upon any information found anywhere on our site. THESE FORMS ARE SOLD ON AN "AS IS" BASIS WITH NO WARRANTIES OR GUARANTIES. If you wish personal assistance in deciding whether the document found on our site is right for you or desire representations and warranties upon the legality of the document you are purchasing in the jurisdiction you will be using it, contact an attorney licensed to practice law in your state.
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