Court and fiduciary bonds — filed to the surrogate's deadline
Probate, executor, administrator, guardianship, conservatorship and judicial bonds. Same-day turnaround on clean small-estate filings; specialty markets for contested probate and complex fiduciary matters.
The court is the obligee — and the wording is fixed
A court or fiduciary bond guarantees that a person handling money or property under a court's authority — an executor administering a decedent's estate, a guardian handling a minor's assets, an appellant pursuing an appeal — will do so honestly and in accordance with the law and the court's orders. If the fiduciary defaults, the injured party (usually the estate or the ward) can file a claim against the bond, and the surety pays the loss up to the bond's face amount, then recovers from the fiduciary and its indemnitors.
Every surrogate court and every civil court publishes its own bond form. We keep the top state forms on hand — New Jersey, New York, Pennsylvania, Connecticut — and pull the correct form from the surrogate's local rules when we file out of state. Wording never varies from what the court publishes; that's what makes it a court bond.
Note: ERISA fidelity bonds — which sit under a separate DOL statute rather than a court — moved to their own top-level category in this restructure. See the ERISA Bonds page for that program.
Executors, administrators, letters testamentary
When a decedent leaves an estate, the surrogate court appoints a personal representative — an executor if the decedent named one in a will, or an administrator if there is no will or the named executor cannot serve. Before issuing letters testamentary (executor) or letters of administration (administrator), the court almost always requires a bond. The bond amount is usually sized to the estate's approximate value — sometimes reduced or waived on the will's own wording, sometimes required at 100% of the personal-property value plus one year's estimated income.
Clean-credit filings on modest estates typically issue same day the surrogate's letter reaches us. Larger estates and out-of-state filings take a day longer for the underwriter to review the estate schedule.
Court & fiduciary programs — by sub-program
Probate Bonds
Executor and administrator bonds sized to the estate's inventory. Filed on the surrogate court's exact form.
Details & quoteGuardianship & Conservatorship
Bonds for guardians of a minor's estate and conservators of an incapacitated adult's estate. Sized to the ward's assets and reviewed by the court on annual accounting.
Judicial / Court Bonds
Appeal, injunction, replevin, attachment, cost, release-of-lien and indemnity-to-sheriff bonds. Filed on the civil court's form to the exact wording the case requires.
Details & quoteContested probate & specialty
Files where a will is contested, an heir is objecting or a prior bond was declined. Placed through a specialty desk that reads the file's actual story rather than a credit-only decision.
Trustee & agent bonds
Bonds for corporate trustees and named agents where the court or the trust instrument requires a surety. Sized to the trust corpus.
Riders & increases
Estate-value increases, new-asset discoveries and inflation-adjustment riders that keep an in-force bond in compliance with the court's current view of the file.
Appeal, injunction, replevin, attachment — how each fits
Appeal bond — filed by an appellant to stay a lower-court judgement pending appeal. Amount usually 1× to 2× the judgement.
Injunction bond — filed by a plaintiff to obtain a preliminary injunction. Guarantees payment of any damages the defendant suffers if the injunction is later held to have been wrongfully issued.
Replevin bond — filed by a plaintiff to obtain possession of chattel pending trial. Guarantees the return of the chattel or its value if the plaintiff loses.
Attachment bond — filed by a plaintiff to freeze a defendant's assets pending judgement. Guarantees any wrongful-attachment damages.
Each of these bonds has a specific statutory purpose, a specific bond form, and a filing deadline set by the court. Send the court's order or the case name and county, and we'll file the exact form.
Specialty markets for contested and complex fiduciary matters
When a will is contested, or an heir has raised a formal objection, or a prior fiduciary was removed for cause — the standard-market carrier will decline. Our specialty desk exists exactly for these files. Underwriting reads the pleadings, evaluates the actual risk (a will contest based on a mis-drafted signature is a very different file from one based on alleged undue influence), and prices the bond to the reality of the case. We've placed bonds on contested estates where every standard market declined; call us with the pleadings and the court's letter and we'll tell you the realistic path.
Frequently asked questions
Good to KnowThe surrogate court usually sets the bond at the value of the estate's personal property plus one year's estimated income. The will can waive or reduce the bond; the court's letter of appointment will specify the required amount.
An executor is named in the decedent's will and receives letters testamentary; an administrator is appointed by the court when there is no will or the named executor cannot serve, and receives letters of administration. The bond requirement is essentially the same.
Yes — through a specialty market. Standard carriers usually decline contested files, but our specialty desk reads the actual pleadings and prices the file to the risk. Send the objection and the court's docket and we'll tell you the path.
Priced on the bond amount and the fiduciary's credit. Modest-estate probate bonds price at a small percentage of the estate value; appeal and injunction bonds price on the judgement or restrained-amount, usually with cash collateral on larger files.
Small-estate probate bonds with clean credit typically issue the same business day. Larger estates, contested matters and out-of-state filings take a day longer for the underwriter to review the schedule and confirm the correct form.
Send us the court's letter or order
Send the surrogate's letter of appointment, the court's order or the case caption and county — that's what the carrier needs to size and quote the bond.
- 201-661-2381 — Anthony Spina, direct line
- aspina@acsbonding.com
- 1200 MacArthur Blvd., Suite 302A, Mahwah, NJ 07430
Request received!
Anthony will be in touch shortly. For an urgent filing, call 201-661-2381.