Article 5 - Bond

California Probate Code — §§ 8480-8488

Sections (9)

Amended by Stats. 1998, Ch. 77, Sec. 3. Effective January 1, 1999.

(a)Except as otherwise provided by statute, every person appointed as personal representative shall, before letters are issued, give a bond approved by the court. If two or more persons are appointed, the court may require either a separate bond from each or a joint and several bond. If a joint bond is furnished, the liability on the bond is joint and several.

(b)The bond shall be for the benefit of interested persons and shall be conditioned on the personal representative’s faithful execution of the duties of the office according to law.

(c)If the person appointed as personal representative fails to give the required bond, letters shall not be issued. If the person appointed as personal representative fails to give a new, additional, or supplemental bond, or to substitute a sufficient surety, under court order, the person may be removed from office.

§ 8481

Enacted by Stats. 1990, Ch. 79.

(a)A bond is not required in either of the following cases:

(1)The will waives the requirement of a bond.

(2)All beneficiaries waive in writing the requirement of a bond and the written waivers are attached to the petition for appointment of a personal representative. This paragraph does not apply if the will requires a bond.

(b)Notwithstanding the waiver of a bond by a will or by all the beneficiaries, on petition of any interested person or on its own motion, the court may for good cause require that a bond be given, either before or after issuance of letters.

§ 8482

Enacted by Stats. 1990, Ch. 79.

(a)The court in its discretion may fix the amount of the bond, but the amount of the bond shall be not more than the sum of:

(1)The estimated value of the personal property.

(2)The probable annual gross income of the estate.

(3)If independent administration is granted as to real property, the estimated value of the decedent’s interest in the real property.

(b)Notwithstanding subdivision (a), if the bond is given by an admitted surety insurer, the court may establish a fixed minimum amount for the bond, based on the minimum premium required by the admitted surety insurer.

(c)If the bond is given by personal sureties, the amount of the bond shall be twice the amount fixed by the court under subdivision (a).

(d)Before confirming a sale of real property the court shall require such additional bond as may be proper, not exceeding the maximum requirements of this section, treating the expected proceeds of the sale as personal property.

§ 8483

Enacted by Stats. 1990, Ch. 79.

(a)This section applies where property in the estate has been deposited pursuant to Chapter 3 (commencing with Section 9700) of Part 5 on condition that the property, including any earnings thereon, will not be withdrawn except on authorization of the court.

(b)In a proceeding to determine the amount of the bond of the personal representative (whether at the time of appointment or subsequently), on production of a receipt showing the deposit of property of the estate in the manner described in subdivision (a), the court may order that the property shall not be withdrawn except on authorization of the court and may, in its discretion, do either of the following:

(1)Exclude the property in determining the amount of the required bond or reduce the amount of the bond to an amount the court determines is reasonable.

(2)If a bond has already been given or the amount fixed, reduce the amount to an amount the court determines is reasonable.

§ 8484

Enacted by Stats. 1990, Ch. 79.

If a personal representative petitions to have the amount of the bond reduced, the petition shall include an affidavit setting forth the condition of the estate and notice of hearing shall be given as provided in Section 1220.

§ 8485

Enacted by Stats. 1990, Ch. 79.

A personal representative who petitions for substitution or release of a surety shall file with the petition an account in the form provided in Section 10900. The court shall not order a substitution or release unless the account is approved.

§ 8486

Enacted by Stats. 1990, Ch. 79.

The personal representative shall be allowed the reasonable cost of the bond for every year it remains in force.

§ 8487

Enacted by Stats. 1990, Ch. 79.

The provisions of the Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) apply to a bond given under this division, except to the extent this division is inconsistent.

§ 8488

Amended by Stats. 1994, Ch. 806, Sec. 27. Effective January 1, 1995.

(a)In case of a breach of a condition of the bond, an action may be brought against the sureties on the bond for the use and benefit of the decedent’s estate or of any person interested in the estate.

(b)No action may be maintained against the sureties on the bond of the personal representative unless commenced within four years from the discharge or removal of the personal representative or within four years from the date the order surcharging the personal representative becomes final, whichever is later.

(c)In any case, and notwithstanding subdivision (c) of Section 7250, no action may be maintained against the sureties on the bond unless commenced within six years from the date the judgment under Section 7250 or the later of the orders under subdivision (b) of this section becomes final.