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The Probate Bond Experts
Licensed to issue personal representative, guardian, and conservator bonds for Indiana estates when a will or the court requires one. Fast approval and real probate expertise.
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Complete a short application. Most people finish in just a few minutes.
When approved, bond issued within 24 hours or instant when qualified.
A probate court bond protecting heirs. Includes the executor bond (with a will), administrator bond (no will), and general personal representative bond.
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A court fiduciary bond protecting incapacitated adults. Includes the guardianship bond and financial conservator bond to prevent asset exploitation.
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A probate surety bond protecting kids' assets. Includes the guardianship bond for minors and guardian of the estate bond to preserve funds.
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A fiduciary surety bond protecting beneficiaries. Includes the trustee bond (or trust bond) to ensure legal, ethical trust management.
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Probate in Indiana is handled by the Circuit Court in each of the state's 92 counties, and in many counties the Superior Courts share probate jurisdiction. St. Joseph County, which includes South Bend, has Indiana's only separate Probate Court. The court handles the administration of estates, the appointment of personal representatives, and guardianships.
Indiana is not a Uniform Probate Code state, but its probate code uses a similar approach to bonds. Estates are administered under Title 29 of the Indiana Code. The estate fiduciary is called the personal representative, known as an executor when named in a will and an administrator when appointed without a will. The bond rules are set by Section 29-1-11-1 and, for unsupervised estates, Section 29-1-7.5-2.5.
Indiana imposes no state estate tax and no inheritance tax, since the inheritance tax was repealed, so most estates face only the federal estate tax, which reaches only very large estates.
When an Indiana bond is required, the court fixes the amount under Indiana Code Sections 29-1-7.5-2.5 and 29-1-11:
Indiana starts from the position that a bond is not required. Under Indiana Code Section 29-1-11-1, a personal representative is not required to file a bond unless one of these applies:
When none of these triggers applies, the estate proceeds with no bond, which is the common outcome in Indiana.
Filing an Indiana probate bond, when one is required, follows Title 29 and local court rules:
A bond is often not needed in Indiana, so many estates pay no bond premium at all. When a bond is required by the will, the court, or because the representative lives out of state, the cost is a premium paid to the surety company:
Beyond the standard personal representative bond, Indiana probate practice uses several additional bond types:
Indiana does not run a licensing board for private professional fiduciaries, but its probate system places clear duties on every personal representative:
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 NOWOften no. Under Indiana Code Section 29-1-11-1, a personal representative is not required to file a bond unless the will provides for one or the court finds a bond necessary to protect creditors, heirs, legatees, or devisees. A nonresident representative is generally required to post one.
A bond is required when the will provides for it, when the court finds one necessary to protect creditors, heirs, legatees, or devisees, or when the personal representative lives outside Indiana or becomes a nonresident during administration.
When a bond is required, most Indiana probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Small bonds carry a minimum premium of about $100 to $150.
The court fixes the amount, generally based on the value of the personal property plus the estimated income the estate will produce. For a nonresident representative, the bond is tied to the personal property plus estimated rents and profits, but not more than the probable gross value of the estate.
Usually yes. Under Section 29-1-10-1, a personal representative who is not an Indiana resident, or who becomes a nonresident, generally must file a bond, although the court has discretion to increase, decrease, or waive it.
Most Indiana probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can qualify and meet any deadline the court sets.
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 Circuit Court in the county where the decedent lived handles probate, and in many counties the Superior Courts share that jurisdiction. St. Joseph County, which includes South Bend, has Indiana's only separate Probate Court.
Indiana uses personal representative as the umbrella term. A person named in a will is informally called an executor, and a court-appointed fiduciary when there is no will is called an administrator, but the probate code treats both as a personal representative.
No. Indiana has no state estate tax, and the Indiana inheritance tax was repealed, so most estates face only the federal estate tax, which reaches only very large estates.
When required, the bond protects the creditors, heirs, legatees, and devisees of the estate from loss caused by a personal representative who fails to perform faithfully. A claim can be filed against the bond up to its amount if the fiduciary mismanages estate assets.
When a bond is required, it stays in force until the estate is closed and the court discharges the personal representative. For estates that stay open across more than one year, the premium is charged annually until that discharge.
Yes. Even when no bond was required at appointment, the court may order one at any time, on its own motion or on petition by an interested person, when it finds a bond necessary to protect creditors, heirs, legatees, or devisees.
Often yes. A guardian appointed to manage the property of a minor or an incapacitated person may be required to post a bond tied to the value of the property under the guardian's control.
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.
No. A small estate that qualifies for the small estate affidavit process is collected without appointing a bonded personal representative, so no bond is involved.
If the personal representative fails to give a required bond within the time the court fixes, the court may appoint someone else in their place and revoke any Letters that were issued.
Yes, but a nonresident generally must file a bond under Section 29-1-10-1, and in some cases must serve jointly with a resident personal representative. The court sets and can adjust the bond for a nonresident fiduciary.
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FIND OUT MOREFind Indiana Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our Indiana probate court directory. We list every county court in Indiana with contact information and links to local forms.
Indiana Probate Court Directory