Are you considering applying for a probate court bond but think you can navigate the process without an attorney? Think again. While the court may not explicitly require an attorney, it’s essential to understand that the bonding company does. In this article, we’ll explore why having an attorney is crucial when obtaining a probate court bond and how it can save you time, money, and potential headaches in the long run.
- The Bonding Company’s Requirements: Many applicants mistakenly believe that if the court doesn’t require an attorney, they can proceed without one. However, it’s important to note that the bonding company will always require an attorney unless you have specific occupational experience handling probate or financial matters. This requirement is in place to protect both the bond applicant and the bonding company from potential legal pitfalls.
- Expertise in Probate Matters: Navigating the complexities of probate laws without prior experience can be a daunting task. Non-attorney bond principals often lack the necessary understanding of probate regulations, inadvertently exposing themselves and the bonding company to potential claims. Court staff, bonding companies, and agents cannot provide legal advice, making it essential to have an attorney’s guidance to ensure compliance and avoid legal complications.
- Access to Preferred Bonding Markets: By retaining an attorney, you open the door to accessing preferred bonding markets. These markets offer lower-cost bonding options and more flexible terms. An attorney with expertise in probate matters can advocate on your behalf, potentially reducing or eliminating the bonding requirement. They can also explore alternative solutions such as setting up a third-party custodial account, which can help mitigate or avoid the need for a bond altogether.
- The Role of the Attorney: Contrary to popular belief, the attorney you retain does not necessarily need to be the attorney of record on the probate case. The bonding company’s requirement is simply that you have an attorney who can answer legal questions throughout the duration of the case until the bond is discharged. This attorney can be a trusted family friend, neighbor, co-worker, or any licensed attorney who has handled other legal matters for you in the past. You just need to retain them to answer questions for duration of the case. But keep in mind this exposes the attorney to liability, so nearly all will require they handle the entire matter to protect themselves and the client.
While the court may not explicitly mandate the presence of an attorney when applying for a probate court bond, it is a requirement set by bonding companies. By understanding the importance of having an attorney, you can save yourself time, money, and potential legal complications. Remember, cutting corners by avoiding legal representation can lead to higher bond premiums and potential risks to the estate. Invest in an attorney who can guide you through the probate process, ensuring compliance and peace of mind.
How to apply for a probate court bond
Our agency issues more probate court bonds in a week than most agents do in a year. We offer online applications, quick response times, and the best pricing available. Apply online for a probate bond or Download PDF Probate Bond Application.
