California
Superior Court, sitting in probate
Bond is the default unless the will or every beneficiary waives it, and the court can still require one for good cause.
California bond requirementsAcross all fifty states
Estate and probate bonds across the United States
Probate bonds are required across the United States, but the details are set state by state. A court usually requires a bond unless the will waives it or the heirs consent, and the judge keeps discretion. We place probate, fiduciary, and guardianship bonds in every state.
Reviewed by Dustin SanVido, Estates Program Lead
How probate bonds work in the US
The probate court sets the bond amount, generally based on the value of the estate's personal property and expected income. A will can waive the bond, and heirs can consent to waive it, but the court has the final say.
State guides
Bond rules are set state by state. These guides cover when the court requires a bond, how it sets the amount, and where an out-of-state executor stands.
Texas
county court or statutory probate court
A will can dispense with the bond where the court finds the executor qualified, and the amount is built from personal property rather than land.
Texas bond requirementsNew York
Surrogate's Court
The Surrogate's Court counts eighteen months of rents in the bond, and a non-domiciliary executor can be required to post one even where the will excuses it.
New York bond requirementsEach guide is reviewed against the primary sources by our Estates Program Lead before it is published, and cites them. More are being added. Any state not yet listed below is still fully served — start a request and a specialist will confirm the local rule.
Find your state
Choose your state to start a bond request with the state already filled in.
- ALAlabama
- AKAlaska
- AZArizona
- ARArkansas
- CACalifornia
- COColorado
- CTConnecticut
- DEDelaware
- DCDistrict of Columbia
- FLFlorida
- GAGeorgia
- HIHawaii
- IDIdaho
- ILIllinois
- INIndiana
- IAIowa
- KSKansas
- KYKentucky
- LALouisiana
- MEMaine
- MDMaryland
- MAMassachusetts
- MIMichigan
- MNMinnesota
- MSMississippi
- MOMissouri
- MTMontana
- NENebraska
- NVNevada
- NHNew Hampshire
- NJNew Jersey
- NMNew Mexico
- NYNew York
- NCNorth Carolina
- NDNorth Dakota
- OHOhio
- OKOklahoma
- OROregon
- PAPennsylvania
- RIRhode Island
- SCSouth Carolina
- SDSouth Dakota
- TNTennessee
- TXTexas
- UTUtah
- VTVermont
- VAVirginia
- WAWashington
- WVWest Virginia
- WIWisconsin
- WYWyoming
marks a state with a published guide. 3 so far.
Get bonded in your state
Tell us your state and the bond amount and we will place it.
FAQ
Probate bond questions
Does every state require a probate bond?
- Every state has a bond requirement, but it bites differently. In some it applies by default unless the will waives it or the heirs consent; in others it arrives only on the court's order. The judge keeps discretion either way.
Who decides the bond amount?
- The probate court, generally working from the value of the estate's personal property and the income the estate is expected to produce. States differ on real property: Texas leaves its capital value out of the base formula, New York counts eighteen months of estimated gross rents, and California brings it in only where independent administration has been granted over it. Being outside the base formula is not the same as being outside the bond — courts can order an increased bond once estate property starts being sold, rented or borrowed against.
Can a will waive the probate bond?
- Often, and courts generally honour it — but a waiver in the will is a starting position rather than a guarantee. California can require a bond for good cause under section 8481(b), and section 8571 lets it require one of a non-resident representative notwithstanding a waiver. In Texas a complaint under section 305.102 can reopen the question, though the court orders a bond only if it finds the executor is wasting, mismanaging or misapplying the estate. In New York a non-domiciliary named executor may be required to post one under SCPA 710(2). Check your state's guide, or call us.
Does an out-of-state executor need a bond?
- It is the single most common reason a bond comes up. Some states require one of a non-resident fiduciary as a matter of course; others treat residency as a factor the court weighs once someone objects. Check the state guide, or call us and we will confirm the local rule.
A court deadline does not have to be a crisis
Tell us the bond you were ordered to post. We get it issued and filed, so the estate can move forward.