Q: Yes, my father passed away without a will. My mother is asking me to sign a bond waiver. Before my dad passed away.

A: I'm sorry to hear about your dad passing. According to the probate code, as the surviving spouse, your mom has priority to act as the administrator of your father's probate estate. The court can waive the bond requirement if all beneficiaries sign a bond waiver. If all beneficiaries do not sign a bond waiver, then the court will most likely impose at the very least a statutory minimum bond in the amount of $20,000.

A: I'm sorry to hear about your dad passing. As your dad's surviving spouse, your mom has priority to act as the administrator of his probate estate. The court requires a minimum bond of $20,000 unless all beneficiaries sign a bond waiver. Oftentimes, beneficiaries sign the waiver if they trust the administrator to do their job. A bond in a higher amount can be imposed as well if warranted.

A: If your father passed away without a will, his estate will go through the California probate process. The bond waiver that your mother is asking you to sign may be related to the appointment of the executor or administrator of your father's estate.

In California, the probate court may require an executor or administrator to post a bond as a form of security to ensure that the estate is properly administered. The bond is typically based on the value of the estate, and the cost of obtaining a bond can be significant. However, the court may waive the bond requirement if all heirs and beneficiaries of the estate agree to the waiver.

It is possible that your mother is asking you to sign a bond waiver to avoid having to post a bond as the executor or administrator of your father's estate. If you are unsure about the implications of signing the bond waiver, it may be wise to consult with an attorney who specializes in probate law before signing any documents. An attorney can advise you on your rights and obligations and help you make an informed decision.