San Francisco, CA asked in Probate and Estate Planning for California

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

My grandparents left a cabin to him. In the living trust, they left a portion to all four of us boys, so why would she have a side of a bondwaiver before it goes to the probate.

Related Topics:
3 Lawyer Answers
Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

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.

Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.