San Francisco, CA asked in Probate for California

Q: I can't get bonded to come Executor what are options?

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3 Lawyer Answers
Michael Ellis Freedman
Michael Ellis Freedman
Answered
  • Probate Lawyer
  • San Francisco, CA
  • Licensed in California

A: I recommend that you retain a licensed professional fiduciary.

Bruce Adrian Last
Bruce Adrian Last
Answered
  • Probate Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: San Francisco, CA:

I would speak with a probate attorney regarding your options. Depending on the court where you are administering the estate, you may be able to:

1. Reduce or eliminate the bond by using a "blocked account" to hold all of the estate's non-real property assets. A blocked account is a bank account that you can withdraws from if you have an order of the court authorizing the withdraw.

2. Have the heirs waive bond. If all the heirs waive bond, you may ask the court to eliminate the bonding requirement.

3. Create your own bond by placing the amount of the court required bond into a blocked account. You would need to seek court approval first.

4. Have your attorney speak with the bonding company.

5. Use a private fiduciary.

What options are available depend on the particular facts of the case and the rules (including local rules) for the court where the probate located. If you do not know where to start looking for an attorney, the most local county bar associations maintain an attorney referral service which will provide low or no cost referrals. You should call the bar association in the county where the probate is located, as attorneys in that area are more likely to know the ins and outs of the local court rules.

Patricia Ann Simmons
Patricia Ann Simmons
Answered
  • Probate Lawyer
  • Vallejo, CA
  • Licensed in California

A: You can either get waivers of bond from all the beneficiaries. Or you can amend your petition to request that you have no authority. This would mean that every action you take would require court confirmation, such as the sale of real and personal property, or any other action that normally the executor would have full authority to under take.

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