Fiduciary & Court Bonding 101

The court has asked you to post a bond. What does that mean? Why do you have to post a bond?

A “bond” is simply a guarantee issued by an insurance company, on your behalf. The bond does not protect you; it protects the court and the public at large. Sometimes the bond will protect a specific 3rd party.

There are several types of fiduciary & court bonds with which Invincia can help you:

Executor & Administrator Bonds – Estate Bonds

An Executor is named in the will to handle the estate.

An Administrator is like an Executor, only appointed by court to handle the estate instead of being named in the will.

If a loved one has passed away and you are settling his or her estate, the court may have told you that you have to post a bond.

Why?

The bond protects the heirs of the estate. The Executor or Administrator handling an estate has obligations to the state, and obligations to heirs. The Executor/Administrator must pay any taxes owed by the estate, must distribute assets to heirs, and must submit an accounting to the county showing what was received and what was handed out. The bond guarantees to heirs and the state that the Executor/Administrator will do what they’re supposed to do, by law.

Sometimes bonding is called for by the estate’s will. The deceased may have asked for the bond in his or her will, as to protect the heirs from potential mishandling by the Executor.

Invincia has experience with all types of estate bonding, and with all sorts of “special circumstances” when bonding those estates. No other agency in Virginia has the unique blend of experience and access to multiple markets that Invincia has for Estate Bonding.

State law requires bonding of out-of-state non-Virginia-resident executors & administrators. The court may also require bonding due to special circumstances surrounding the estate. (“Special circumstances” can include, but not be limited to: families with step children; more than one marriage; disputes amongst heirs; complex estates; orphaned heirs; no blood relatives; & etc.)

What is the Process and How Do I Qualify for a Bond?

We understand that this can be a difficult time for you, and we are here to help guide you through the process.

Getting a bond is easy. The court will have given you an appointment (day & time) where they schedule to officially register you as Executor or Administrator.

  • Set your appointment with Probate Court
  • Call us.
  • Apply for Bond
  • We approve the bond
  • We meet you during your appointment and give the bond to Probate Court.

You may expect to fill out a bond application, which asks for basic information on the estate. The application is used by underwriters to approve you for the bond you need.

On a larger estate, the application may even be used to order a personal credit report (the theory being, an administrator with a good credit record is much more likely to handle estate funds appropriately than someone with a bad credit record is).

Upon approving you for the bond, someone from the Invincia team will meet you at the court on the day & time of your appointment, and execute the bond there.

In Summary

Call us. We are here to help.
We make Estate bonding easy.

About the Author staff-4

Steve Moore has over 25 years of insurance industry experience as a Bond Specialist. Prior to joining Invincia in 2010, he was a Bond Manager at Travelers as well as the Regional Bond Manager at National Grange Mutual. He is more than happy to answer any questions you may have and can be contacted at SDMoore@invincia.net or 804-751-0600.

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