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Can a bail bondsman post a bond for letters of administration?

Can a bail bondsman post a bond for letters of administration?

Q: What does it mean to be a personal representative without a bond?

Being a personal representative without a bond means that the individual has been appointed to manage the estate without needing to secure a surety bond. This typically occurs when the will waives the bond requirement or the court finds it unnecessary, allowing the representative to act without the added financial obligation.

Q: What is the nominal bond of personal representative?

The nominal bond of a personal representative is the amount of money that must be secured to ensure the representative fulfills their duties. In Florida, this bond amount is often set by the court and can vary depending on the size of the estate and other factors, typically starting at $10,000.

Q: What does it mean for a personal representative to serve without a bond?

When a personal representative serves without a bond, it indicates they have been granted permission to manage the estate without the requirement of a surety bond. This can happen if the will states that no bond is needed or if the court decides that a bond is not necessary for the case.

Q: Does an executor have to post a bond?

An executor may be required to post a bond unless the will specifically waives this requirement or the court finds it unnecessary. The bond serves as a financial guarantee that the executor will manage the estate properly and protect the interests of the beneficiaries.

Full question:

Acting PRO SE I have received an ORDER APPOINTING PERSONAL REPRESENTATIVE for my deceased son. The order requires that I post a $10,000 bond before LETTERS OF ADMINISTRATION can be issued. Can an ordinary BAIL BONDSMAN post same or is a different source required?

Category: Wills and Estates
Subcategory: Executors and Administrators
Date: 04/07/2025
State: Florida

Answer:

In Florida, a bond is typically required for personal representatives unless waived by the will or court (Fla. Stat. § 733.402). This bond must be executed with surety, which can be a licensed surety company or two individuals with sufficient unencumbered property. A bail bondsman can provide this surety, as long as they are a licensed surety company. The bond is payable to the Governor and ensures the personal representative performs their duties according to the law.

In summary, yes, an ordinary bail bondsman can post the required bond for letters of administration, provided they are licensed as a surety company.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What does 'serve without bond' mean?

Serving without bond means that a personal representative is allowed to manage the estate without posting a surety bond. This can occur if the will specifically waives the bond requirement or if the court determines that a bond is unnecessary. It simplifies the process and reduces costs for the personal representative.

What does it mean to be a personal representative without a bond?

What does a surety bond mean in court?

A surety bond in court is a legal agreement where a third party, the surety, guarantees that the personal representative will fulfill their duties according to the law. If the representative fails to do so, the surety is responsible for covering any losses up to the bond amount. This bond protects the estate and its beneficiaries.

What is the nominal bond of personal representative?

What does it mean for a personal representative to serve without a bond?

Does an executor have to post a bond?

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