Who Pays for a Probate Bond in California?

When someone passes away and their estate enters probate, the court often requires the personal representative (executor or administrator) to obtain a probate bond—a type of insurance that protects heirs and creditors from potential mismanagement of estate assets. But many people wonder: Who pays for the probate bond?

In California, the answer is typically the estate itself, not the personal representative.

However, there are exceptions and nuances worth understanding.

What Is a Probate Bond?

A probate bond (also called a fiduciary bond or executor bond) is a form of insurance that guarantees the personal representative will fulfill their legal duties honestly and competently. If they fail—by misusing funds, making improper distributions, or neglecting responsibilities—the bond company can reimburse the estate, and the representative may be personally liable to repay the bonding company.

When Is a Probate Bond Required in California?

Under California Probate Code §8480, a probate bond is generally required unless:

• The will explicitly waives the bond,

• All beneficiaries waive the bond in writing,

• The personal representative is a corporate fiduciary (like a bank or trust company),

• The court finds good cause to waive it.

If none of these apply, the court will usually require the personal representative to be bonded before granting Letters Testamentary or Letters of Administration.

Who Pays for the Probate Bond?

The estate typically pays for the probate bond, not the executor or administrator personally.

Here's how it works:

• The personal representative applies for the bond,

• The bond premium (a one-time payment) is paid from estate funds,

• The court may approve reimbursement if the representative pays the premium upfront before estate funds are accessible.

Exception: If the Court Requires an Advance

In rare cases—such as if estate assets are frozen or unavailable—the court may ask the personal representative to pay the premium upfront and later seek reimbursement from the estate once funds are released.

How Much Does a Probate Bond Cost?

The cost of a probate bond (the premium) depends on the total value of the estate and the bond amount ordered by the court. Generally:

• Bond premiums range from 0.5% to 1% of the bond amount annually.

• For example, a $500,000 bond might cost $500 to $1,000 per year.

Most bonds are only required for the duration of the probate (typically 9–18 months), and premiums are not prorated if the estate closes early.

Can the Bond Be Waived?

Yes. In California, a bond can be waived if:

• The will states "no bond required",

• All heirs/beneficiaries sign and file a bond waiver form, or

• The court finds it unnecessary (e.g., when assets are minimal, or a neutral third party is involved).

To waive the bond, beneficiaries must file Judicial Council Form DE-142 (Waiver of Bond by Heir or Beneficiary).

Final Thoughts

In California, the probate bond is typically paid from the estate, not from the executor’s personal funds. The bond serves an important role in protecting heirs, but in many cases, it can be waived with consent or by court order.

If you’ve been named executor or administrator, speak with a California probate attorney to determine whether a bond is required in your case—and how best to pay for or avoid it.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.