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The Probate Bond Experts
Probate in California is handled by the Superior Court in each of the state's 58 counties. The Superior Court has jurisdiction over the administration of decedents' estates, the appointment of personal representatives, conservatorships, and guardianships of the estate.
California is not a Uniform Probate Code state. It administers estates under its own California Probate Code. The estate fiduciary is called the personal representative, known as an executor when named in a will and an administrator when appointed by the court without a will. The bond requirement is set by Section 8480, the waiver rules by Section 8481, and the amount by Section 8482.
California imposes no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
Under California Probate Code Section 8482, the Superior Court fixes the bond amount based on the value of the estate the personal representative will control:
Under California Probate Code Section 8481, a bond is not required in either of two cases:
Filing a California probate bond follows the California Probate Code and the California Rules of Court:
The cost of a California probate bond is a premium paid to the surety company. The premium is a small percentage of the bond amount and depends on the size of the bond and the applicant's credit.
Beyond the standard executor and administrator bonds, California probate practice uses several additional bond types:
California regulates private professional fiduciaries through a state licensing board. A person who serves as a professional fiduciary for unrelated people must hold a license from the California Professional Fiduciaries Bureau within the Department of Consumer Affairs.
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWUnder California Probate Code Section 8480, every person appointed as personal representative must give a court-approved surety bond before Letters issue, unless the will or all beneficiaries waive it. The court can still require a bond for good cause even when it was waived.
Under Section 8481, a bond is not required when the will waives it, or when all beneficiaries sign written waivers attached to the petition for appointment. No bond is required when the public administrator or a trust company serves. The court can still order one for good cause.
Most California probate bonds cost about 0.5% to 0.8% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $800 per year. Rates often step down on the amount above $250,000, and small bonds carry a minimum premium of about $100 to $150.
Under Section 8482, the court sets the bond at the estimated value of the personal property, plus the probable annual gross income of the estate, plus the value of any real property the personal representative can sell under independent administration authority. Personal sureties must post double that amount.
Yes. Under Section 8481(b), even when the will or all beneficiaries waive the bond, the court may require one for good cause on petition of an interested person or on its own motion, before or after Letters issue.
Most California probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. Larger estates may need a short underwriting review, but we keep the process moving so you can meet your court deadline.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The Superior Court in the county where the decedent lived handles probate. Each of California's 58 counties has its own Superior Court, which sets the bond amount at the hearing on the petition and states it on Judicial Council Form DE-140.
Yes. Under Section 8483, when estate funds are deposited in a court-blocked account that requires court approval to withdraw, the court reduces the bond by the amount placed in that account, which lowers both the bond and the premium.
Yes. No bond is required when a trust company or the county public administrator serves as the personal representative, although the court keeps oversight of their accountings.
The bond protects the state, heirs, beneficiaries, and creditors from loss caused by a personal representative who fails to perform faithfully. If the fiduciary mismanages or steals estate assets, a claim can be filed against the bond up to its amount.
The bond stays in force until the estate is distributed and the court discharges the personal representative. For estates that run more than one year, the premium is charged annually until that discharge.
Under Section 8482, personal sureties must post double the court-determined amount, while a corporate surety bond is set at the full amount. The larger personal surety obligation is one reason most California fiduciaries use a corporate surety bond.
Often yes. Under California Probate Code Section 2320, a conservator of the estate, or a guardian of the estate of a minor, generally must post a bond tied to the value of the estate plus expected income, unless the court orders a different arrangement such as a blocked account.
Yes. A person who serves as a professional fiduciary for unrelated people must hold a license from the California Professional Fiduciaries Bureau within the Department of Consumer Affairs, which sets California apart from states that do not license private fiduciaries.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the beneficiaries and creditors. If the surety pays a claim, the personal representative is legally obligated to repay the surety.
Often yes. Under the California Rules of Court, the court will frequently require a bond when the proposed personal representative lives outside California, even if the will or the beneficiaries waived the bond.
Yes. Under Section 8486, the bond premium is a proper expense of administration, so it is paid from estate assets rather than out of the personal representative's own pocket.
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Find California Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our California probate court directory. We list every county court in California with contact information and links to local forms.
California Probate Court Directory