Q: If a person doesn’t pay the probate bond in a probate case will the probate case be dismissed ?
A: Yes, if a person fails to pay the probate bond in a probate case, the case may be dismissed. A probate bond is a type of insurance policy that is often required when someone is appointed as the executor of an estate. The bond helps to protect the beneficiaries of the estate from any potential mishandling of assets by the executor. If the executor fails to pay the bond, it may indicate that they are unable or unwilling to fulfill their duties as executor, and the court may dismiss the case or appoint a new executor.
A: I agree with attorney Arrasmith's assessment. However, as a practical matter, many probate courts don't track who has paid the bond premium and who hasn't. However, some probate courts schedule a hearing around one year after an Order for Probate has been issued by the court. If you are in one of these jurisdictions, then the court would most likely give the personal representative a short window to secure a bond and have Letters of Administration issued. If you are not in one of those jurisdictions, then a beneficiary can petition to have the personal representative removed for failure to obtain a bond.
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