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Can’t get bonded in Probate in California?


If you can’t get bonded in probate in California for any reason, you need to call us for help.    Here are some of the questions which bond companies or sureties ask you to determine if you are bondable or a good risk for a probate bond:

  1.  The person applying for a bond is not employed.
  2.  The person applying for a probate bond has bad credit.
  3.  The person completing the probate bond application has had a prior bankruptcy.
  4.  The person who wants to become the administrator does not have sufficient assets covering the bond.
  5.   The person who want the bond has had a prior criminal history.

In California, any estate administrator must be bonded or the assets will be blocked from the administrator.    Sometimes, blocking the assets in a blocked account do not work because there are mortgages which need to be continued to be paid.

Why you should not leave the assets with the probate surety?

Sometimes, the bond company and surety try to rope you in to parking the estate assets with the surety.   First of all, this is not allowed by California law.   California law executor duties DO NOT allow the administrator or executor to put the assets of the estate in possession of anyone else.   The assets MUST be titled in the name of the administrator, as the administrator of the estate of the decedent.   This is a tactic that some sureties use to make their liability non-existent while the collect a full premium from the estate.   In many cases, this is not even logical.   A surety is not in the business of operating estates, and does not have a fiduciary duty regarding the investments of the estate.  It is the administrator that has the risk.   In fact, if there is a theft in the surety’s company, it will be the administrator who will be blamed.  So, in short, don’t do it.

So, how can we help you with Probate Bonds?

We can help you find a professional fiduciary to be the administrator who is fully bondable and insured.  In most cases, the professional fiduciaries are asset managers with many years of experience in probate.   A professional fiduciary is licensed person accepted by the State of California who can act as an executor and administrator.

To talk to us about a bond, or about getting a professional fiduciary, email us at helps individuals and heirs who want to close an estate who are having trouble getting things done, or those who cannot get bonded in California.