conservatorship and guardianship bonds

Conservatorship and Guardianship Bonds: State Statutory Requirements

STATE & CITE1 REQUIREMENT AMOUNT & DISCRETION2 MISCELLANEOUS

UGPPA3 Sections 110 and 414-16

Conservator Bond: SECTION 415. BOND. The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. Guardian Bond: Nothing specified.

Determining the Amount: SECTION 415. BOND. […] Unless otherwise directed by the court, the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator’s control, plus one year’s estimated income, and minus the value of assets deposited under arrangements requiring an order of the court for their removal and the value of any real property that the fiduciary, by express limitation, lacks power to sell or convey without court authorization. […] Discretion: See above. Alternatives: SECTION 415. BOND. […] The court, in place of sureties on a bond, may accept collateral for the performance of the bond, including a pledge of securities or a mortgage of real property. Exceptions: Nothing specified. Modification:4 SECTION 414. PETITION FOR ORDER SUBSEQUENT TO APPOINTMENT. (a) A protected person or a person interested in the welfare of a protected person may file a petition in the appointing court for an order: (1) requiring bond or collateral or additional bond or collateral, or reducing bond;

Proof & Recording: SECTION 110. LETTERS OF OFFICE. Upon the guardian’s filing of an acceptance of office, the court shall issue appropriate letters of guardianship. Upon the conservator’s filing of an acceptance of office and any required bond, the court shall issue appropriate letters of conservatorship. […] Liability:5 SECTION 416. TERMS AND REQUIREMENTS OF BOND. (a) The following rules apply to any bond required: (1) Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable. […] Other: Nothing of note.

1 A prior survey of guardianship bonds was conducted by Jessica Rooks, a 2012 Missouri graduate who is now an estate planning/elder law attorney in Kirksville, Missouri, under the supervision of David English. 2 This category has been divided into four subcategories for ease of comparison, but there is some overlap among the four subcategories. 3 Found here: http://www.uniformlaws.org/shared/docs/guardianship%20and%20protective%20proceedings/ugppa_final_97.pdf 4 This subcategory is in reference primarily to discretion of the court to modify after the bond has been furnished, or who can petition the court to modify. There are some provisions on what occurs when property is sold, or a sale is ordered by the court, but those have not been included. 5 This is restricted to liability directly pertaining to the bond rather than general conservator or guardian liability provisions.



Alabama Ala.Code §§ 26-3-1 through 26-3-14

Conservator Bond: Ala.Code § 26-3-1 § 26-3-1. Generally. Before the issue of letters of conservatorship, [...] the judge of probate must require the conservator appointed to enter into bond with sufficient sureties, payable to the judge of probate, in a penalty prescribed by him or her. Guardian Bond: Nothing Specified

Determining the Amount: Nothing specified. Discretion: Nothing specified. Alternatives: Nothing specified. Exceptions: Ala.Code § 26-3-1 § 26-3-1. Generally. Before the issue of letters of conservatorship, other than letters to the general conservator or to the sheriff, the judge of probate must require the conservator appointed to enter into bond with sufficient sureties, payable to the judge of probate, in a penalty prescribed by him or her. Modification: Ala.Code 1975 § 26-3-7 § 26-3-7. Requirement of new or additional bond from conservator; effect of failure to give same. The judge of probate shall have authority and it shall be his or her duty, whenever he or she deems it necessary for the safety of the ward, to require the conservator to give a new or additional bond. If, on notice of such requisition, such conservator fails for 10 days to give such new or additional bond, the judge is authorized to remove him or her and revoke his or her letters. Ala.Code § 26-3-14 § 26-3-14. Reduction of conservator's bond upon partial settlement of estate. Upon the filing of any partial settlement by the conservator of a minor or an incapacitated person in the court in which such estate is pending, such conservator may pray for a reduction in the amount of his or her bond as such conservator. […].

Proof & Recording: Ala.Code § 26-3-12 § 26-3-12. Approval, filing, and recordation of bonds. All bonds given by conservators must be approved by the judge of probate issuing the letters of conservatorship and must be filed and recorded in his or her office. Liability: Ala.Code § 26-3-13 § 26-3-13. Liability of probate judge, etc., for neglect or omission in taking bonds. The judge of probate and the sureties on his or her official bond are liable to any person injured for any neglect or omission of the judge in not taking from a conservator a good and sufficient bond or for taking thereon insufficient surety or for the neglect or omission to require the execution of a new or of an additional bond in the cases in which such bond is required by law, if he or she knows or has good cause to believe that the case exists in which such new or additional bond should be required. Other:



Alaska Alaska Stat. §§ 13.26.215 through 13.26.240

Conservator Bond: Alaska Stat. § 13.26.215 § 13.26.215. Bond (a) The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. […] Guardian Bond: Nothing specified.

Determining the Amount: Alaska Stat. § 13.26.215 § 13.26.215. Bond (a) […] Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of the property of the estate in the conservator's control plus one year's estimated income minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization. Discretion: See above Alternatives: Alaska Stat. § 13.26.215 § 13.26.215. Bond (a) […] The court in place of sureties on a bond, may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land. Exceptions: Alaska Stat. § 13.26.215 § 13.26.215. Bond (b) If the public guardian is appointed as a conservator, the court may not require a bond under this section. Modification: Alaska Stat. § 13.26.240 § 13.26.240. Petitions for orders subsequent to appointment (a) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order (1) requiring bond or security or additional bond or security, or reducing bond;

Proof & Recording: Nothing specified. Liability: Alaska Stat. § 13.26.220 § 13.26.220. Terms and requirements of bonds (a) The following requirements and provisions apply to any bond required under AS 13.26.215: (1) unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other; Other: Financial Inability Alaska Stat. § 13.26.215 § 13.26.215. Bond (c) If the court requires a conservator to provide a bond under this section and the conservator is financially unable to provide the bond, the court may order the cost of the bond to be paid from court funds.



Arizona Ariz. Rev. Stat. §§ 14-5411 through 14-5412

Conservator Bond: Ariz. Rev. Stat. § 14-5411 § 14-5411. Bond; exception A. Except as otherwise provided in subsection B, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties according to law, with sureties as it shall specify. […] Guardian Bond: Nothing specified.

Determining the Amount: Ariz. Rev. Stat. § 14-5411 § 14-5411. Bond; exception A. […] Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of the property of the estate in the conservator's control plus one year's estimated income minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization. Discretion: See above. Ariz. Rev. Stat. § 14-5411 § 14-5411. Bond; exception A. […] For good cause shown the court may reduce or eliminate the bond to the extent of regular fixed expenses paid for the benefit of the protected person. Alternatives: Ariz. Rev. Stat. § 14-5411 § 14-5411. Bond; exception A. […] The court in lieu of sureties on a bond may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land. Exceptions: Ariz. Rev. Stat. § 14-5411 § 14-5411. Bond; exception B. A bond is not required of a conservator which is a national banking association, a holder of a banking permit under the laws of this state, a savings and loan association authorized to conduct trust business in this state, a title insurance company qualified to do business under the laws of this state, a trust company holding a certificate to engage in trust business from the superintendent

Proof & Recording: Nothing Specified. Liability: Ariz. Rev. Stat. § 14-5412 § 14-5412. Terms and requirements of bonds A. The following requirements and provisions apply to any bond required under § 14-5411: 1. Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other. Other: Nothing of note.



of financial institutions or the public fiduciary. Modification: Nothing specified.

Arkansas Ark. Code. Ann. § 28-67-107

Conservator Bond: Ark. Code. Ann. § 28-67-107 § 28-67-107. Management; bonding requirements (b) [Every conservator appointed as provided in this chapter] must give bond to the State of Arkansas in like manner and with like conditions as provided for guardians of incompetent persons. […] Guardian Bond: Guardian bond seems to be optional. Ark. Code. Ann. § 28-65-214 § 28-65-214. Findings and order (c) The order shall specify the nature of the guardianship and the amount of the bond to be given. Ark. Code. Ann. § 28-65-216 § 28-65-216. Letters of guardianship; issuance (a) When a guardian has given such bond as may be required and the bond has been approved, as provided by § 28-48-205, or if no bond is required and the guardian has filed his or her written acceptance of his or her appointment, letters of guardianship under the seal of the court shall be issued to him or her.

Determining the Amount: Ark. Code. Ann. § 28-65-215 § 28-65-215. Suretyship (a) If the guardianship is to be of the person only, the amount of the bond shall not exceed one thousand dollars ($1,000), or the court may dispense with the bond. With Respect to Personal Representatives: Ark. Code. Ann. § 28-48-201 § 28-48-201. Requirement, amount, etc. (a) […]The bond shall be in an amount fixed by the court not less than double the amount or, if the surety is corporate, then not less than the amount, of the estimated value of the property which may reasonably be expected to pass through the hands of the personal representative. Discretion: Ark. Code. Ann. § 28-67-107 § 28-67-107. Management; bonding requirements (b) […] However, the court may dispense with bond if the conservator is a bank or a trust company whose deposits are insured by the Federal Deposit Insurance Corporation or a trust company chartered and regulated by appropriate state authority. Ark. Code. Ann. § 28-65-215 § 28-65-215. Suretyship (c) If, by the terms of a will, the testator expresses the wish that no bond be required of the person whom he or she requests to be appointed guardian, that person may be relieved of giving a bond with respect to property given by the will to the incapacitated person. […]

Proof & Recording: With Respect to Personal Representatives: Ark. Code. Ann. § 28-48-205 § 28-48-205. Court approval (a) No bond of a personal representative shall be deemed sufficient unless it shall have been examined and approved by the court, or by the clerk, subject to confirmation by the court, and the approval is endorsed thereon. (b) Before giving approval of a bond executed by personal sureties, the court or clerk shall require affidavits from the sureties that they collectively own property in this state subject to execution of a value over and above their liabilities and equal to the amount of the bond. (c) In the event the bond is not approved, the personal representative, within such time as the court or the clerk may direct, shall secure a bond with satisfactory surety or sureties. Liability: With Respect to Personal Representatives. Ark. Code. Ann. § 28-48-207 § 28-48-207. Obligations and liabilities (b) The sureties shall be jointly and severally liable with the personal representative and with each other. Other: Applicability of Other Sections Ark. Code. Ann. § 28-65-215 § 28-65-215. Suretyship (d) Section 28-48-201 et seq. with respect to the bonds of personal representatives shall be applicable to the bonds of guardians, except that in fixing the amount of the guardian's bond, the value



(e) Further, when the ward's estate is all in cash, the court may dispense with the bond if the guardian deposits the entire estate on interest in a bank in Arkansas insured by the Federal Deposit Insurance Corporation or in a savings and loan association in Arkansas insured by the Federal Savings and Loan Insurance Corporation or in a credit union in Arkansas insured by the National Credit Union Administration and the value of the estate is not greater than the amount of the maximum insurance provided by law for a single depositor, and the bank or savings and loan association shall file with the probate clerk of the circuit court an agreement not to permit any withdrawal from the deposit except on authority of a circuit court order. With respect to personal representatives: Ark. Code. Ann. § 28-48-206 § 28-48-206. Amount increase or decrease (b) At its discretion and subject to subsequent revocation, the court may dispense with the requirement of a bond when, by the terms of the will, the testator directed or requested that no bond be required of the personal representative. (c)(1) Except with respect to a nonresident administrator, the court, at its discretion and subject to subsequent revocation, may reduce the amount of bond which would otherwise be required or dispense with the requirement of a bond: (A) If the personal representative is a bank or a trust company whose deposits are insured by the Federal Deposit Insurance Corporation or a trust company chartered and regulated by an appropriate state authority; or (B) When all distributees are competent and have filed their written waiver of the requirement of bond, and the petition shall recite that there are no known unsecured claims. (2) However, if any person asserting a claim against the estate or having or claiming any interest in the estate files a written demand, the

of the real property, as distinguished from the income arising therefrom, unless it is sold, shall not be taken into consideration and shall not constitute property which may reasonably be expected to pass through the hands of the guardian. Surety on the Bond: With Respect to Personal Representatives: Ark. Code. Ann. § 28-48-203 § 28-48-203. Surety; authorization, release, etc. (a) Unless authorized by special order of the court, no sheriff, clerk of any court, the deputy of either, the judge of any court, or attorney at law shall be taken as surety on the bond of a personal representative.



personal representative shall give bond as required in § 28-48-201 or in such other amount as the court shall direct after considering the amount of the alleged claim or asserted interest, but, if it is shown to the court that the alleged claim is invalid or has been paid or that the person alleging the interest in the estate has, in fact, no interest therein, then bond shall not be required. Alternatives: Nothing specified. Exceptions: Nothing specified. (discretionary exceptions, see above) Modification: Ark. Code. Ann. § 28-65-215 § 28-65-215. Suretyship (b) At every accounting, the court shall inquire into the sufficiency of the bond and of the sureties, and, if either or both are found insufficient, the guardian shall be ordered to file a new or additional bond. Ark. Code. Ann. § 28-48-206 § 28-48-206. Amount increase or decrease (a) The court may at any time increase or decrease the amount of the bond required of a personal representative when good cause appears.

Illinois 755 Ill. Comp Stat. 5/12-2

Conservator Bond: See below. Guardian Bond: 755 Ill. Comp Stat. 5/12-2 5/12-2. Individual representative; oath and bond (a) Except as provided in subsection (b), before undertaking the representative's duties, every individual representative shall […] have approved by the court a bond binding the

Determining the Amount: 755 Ill. Comp Stat. 5/12-5 5/12-5. Amount of bond (a) The bond of a representative shall be for an amount not less than double the value of the personal estate if individuals act as sureties or if bond or security is excused, and not less than 1 ½ times the value of the personal estate if a surety company acts as surety. If the representative takes possession of the decedent's or ward's real estate,

Proof & Recording: Nothing specified. Liability: Nothing specified. Other: Nothing of note.



individual representative so to do. 755 Ill. Comp Stat. 5/1-2.15 5/1-2.15. Representative § 1-2.15. “Representative” includes executor, administrator, administrator to collect, standby guardian, guardian and temporary guardian. 755 Ill. Comp Stat. 5/1-2.08 5/1-2.08. Guardian § 1-2.08. “Guardian” includes a representative of a minor and a representative of a person under legal disability. These circular definitions do not specify conservator or a guardian of the property or estate, but it seems likely.

the bond shall be for such additional amount as the court determines, having regard to the income from the real estate. Discretion: 755 Ill. Comp Stat. 5/12-2 5/12-2. Individual representative; oath and bond (a) […] The court may waive the filing of a bond of a representative of the person of a ward or of a standby guardian of a minor or disabled person. 755 Ill. Comp Stat. 5/12-6 5/12-6. Waiver or reduction of bond of representative of ward in certain cases (a) If the primary purpose for the appointment of a representative of a ward is the sale of the ward's interest in real estate pursuant to Section 25-4, the court may waive the surety on the bond of the representative or may fix the amount of the bond in a sum less than $1,000. (b) If the primary purpose for the appointment of a representative of a ward is the proper expenditure of public assistance awarded to the ward under any Act of the General Assembly of this State, the court may waive the giving of a bond by the representative. (c) If (1) the primary purpose for the appointment of a representative of a ward is the collection, disbursement or administering of moneys awarded by the Veterans Administration to the ward, (2) the net value of the ward's estate does not exceed $500, including accrued unpaid benefits to be received, (3) the benefits to be received do not exceed $60 per month and (4) substantially all income will be required for the maintenance of the ward and his dependents, the court may waive the giving of bond by the representative or may fix the amount of the bond in a sum less than $500. If the bond has previously been filed, it may be released upon the conditions prescribed in this Section, upon proper accounting after notice to the



Veterans' Administration Regional Office. If a bond has been waived or nominal bond only required, an adequate bond as otherwise required by this Section shall be required whenever the value of the estate exceeds $500 or for other cause appearing to the court. Alternatives: 755 Ill. Comp Stat. 5/12-7 5/12-7. Deposit in lieu or reduction of bond Upon petition of a representative and upon such notice as the court directs, the court may order the representative to deposit for safe-keeping with a corporation qualified to accept and execute trusts in this State such portion or all of the personal estate as the court deems proper, subject to the further order of the court, and that the bond of the representative be reduced so as to cover only the estate remaining in the possession or custody of the representative. Exceptions: Nothing specified (discretionary exceptions, see above). Modification: 755 Ill. Comp Stat. 5/12-10 5/12-10. Further bond or security (a) If letters are issued to a representative without his giving sufficient bond or security or if his bond or the security therefor becomes excessive or insufficient in the judgment of the court, it may on petition of any interested person or on its own motion require the representative to give a proper bond or security. 755 Ill. Comp Stat. 5/12-13 5/12-13. New or additional bond A new or additional bond, other than an additional bond for the sale or mortgage of real estate, must be signed, approved and filed in the same manner



as other bonds of representatives and relates back to the date of the issuance of the letters.

Indiana Ind. Code Ann. §§ 29-3-7-1 and 29-3-1-6

Conservator Bond: See below. Ind. Code Ann. § 29-3-1-6 29-3-1-6 “Guardian” “Guardian” means a person who is a fiduciary and is appointed by a court to be a guardian or conservator responsible as the court may direct for the person or the property of an incapacitated person or a minor. The term includes a temporary guardian, a limited guardian, and a successor guardian but excludes one who is only a guardian ad litem. The terms guardian and conservator are interchangeable. Guardian Bond: Ind. Code Ann. § 29-3-7-1 29-3-7-1 Guardian's bond; amount; collateral in lieu of sureties; reduced bond (a) Unless the court finds that a bond is unnecessary and enters an order to that effect, or unless the appointed guardian is a bank or trust company (as defined in IC 28-1-1-3), a guardian must execute and file a bond relating to the duties of the guardian's office

Determining the Amount: Ind. Code Ann. § 29-3-7-1 29-3-7-1 Guardian's bond; amount; collateral in lieu of sureties; reduced bond (a) […]. Unless otherwise directed by the court, the bond must be in an amount that is not less than the amount determined under STEP THREE of the following STEPS: STEP ONE: Enter the aggregate value of the guardianship property. STEP TWO: Add to the amount entered under STEP ONE one (1) year's estimated income. STEP THREE: From the sum determined under STEP TWO subtract the value of any property that the guardian, by express limitation of power, lacks the power to sell, convey, or encumber without a court order. Discretion: Ind. Code Ann. § 29-3-7-1 29-3-7-1 Guardian's bond; amount; collateral in lieu of sureties; reduced bond (a) Unless the court finds that a bond is unnecessary and enters an order to that effect […] a guardian must execute and file a bond […] (c) The court may fix the bond at an amount less than that provided under subsection (a), but the amount fixed must, in the court's opinion, provide adequate protection to the property of the protected person. Alternatives: Ind. Code Ann. § 29-3-7-1 29-3-7-1 Guardian's bond; amount; collateral in lieu of sureties; reduced bond (b) The court, instead of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or a mortgage of the land.

Proof & Recording: Nothing specified. Liability: Ind. Code Ann. § 29-3-7-2 29-3-7-2 Bond requirements; liability; consent to jurisdiction; proceedings against sureties (a) […] (1) Unless otherwise provided by the terms of the bond, sureties are jointly and severally liable with the primary obligor and with each other. Other: Nothing of note.



Exceptions: Ind. Code Ann. § 29-3-7-1 29-3-7-1 Guardian's bond; amount; collateral in lieu of sureties; reduced bond (a) […] unless the appointed guardian is a bank or trust company (as defined in IC 28-1-1-3), a guardian must execute and file a bond […] Modification: Nothing specified.

Iowa Iowa Code Ann. § 633.169

Conservator Bond: Iowa Code Ann. § 633.169 633.169. Bond Except as herein otherwise provided, every fiduciary shall execute and file with the clerk a bond with sufficient surety or sureties, as hereinafter provided. Guardian Bond: Iowa Code Ann. § 633.174 633.174. Guardians--bond When the guardian appointed for a person is not the conservator of the property of that person, no bond shall be required of the guardian, unless the court for good cause finds it proper to require one. If no bond is initially required, the court may, nevertheless, for good cause, at any subsequent time, require that a bond be given.

Determining the Amount: Iowa Code Ann. § 633.170 633.170. Amount of bond 1. How determined. Except as herein otherwise provided, the court or the clerk shall fix the penalty of the bond in an amount equal to the value of the personal property of the estate, plus the estimated gross annual income of the estate during the period of administration. 2. Bonds fixed by clerk. Unless a bond is waived by will under the authority of section 633.172, or by other instrument creating the estate, or in accordance with section 633.173, or by prior order of court, the clerk shall fix the bond in the amount provided by subsection 1 of this section. The clerk shall not thereafter increase or decrease a bond. Discretion: Iowa Code Ann. § 633.175 633.175. Waiver of bond by court The court, for good cause shown, may exempt any fiduciary from giving bond, if the court finds that the interests of creditors and distributees will not thereby be prejudiced. However, the court, except as provided in section 633.172, subsection 2, shall not exempt a conservator from giving bond in a conservatorship with total assets of more than twenty-five thousand dollars, excluding real property, unless it is a voluntary conservatorship in which the petitioner is eighteen years of age or

Proof & Recording: Iowa Code Ann. § 633.171 633.171. Approval by clerk The bond shall not be deemed sufficient until it has been examined and approved by the clerk who shall endorse such approval thereon. In the event that the bond is not approved, the fiduciary shall, within such time as the court or the clerk directs, secure and file a bond with satisfactory surety or sureties. Iowa Code Ann. § 633.178 633.178. Letters Upon the filing of an oath of office or certification and a bond, if any is required, the clerk shall issue letters under the seal of the court, giving the fiduciary the powers authorized by law. Liability: Iowa Code Ann. § 633.181 633.181. Obligees of bond--joint and several liability The bond of the fiduciary shall run to the use of all persons interested in the estate, and shall be for the security and benefit of such persons. The sureties shall be jointly and severally liable with the fiduciary, and with each other. Other: Nothing of note.



older and has waived bond in the petition. Alternatives: Iowa Code Ann. § 633.177 633.177. Deposit in lieu of bond The court may permit the fiduciary to deposit cash or other prescribed securities of the fiduciary's own in lieu of bond. Exceptions: Iowa Code Ann. § 633.172 633.172. Will--waiver of bond 1. When, by the terms of the will, the testator has directed or expressed the desire that no bond shall be required, such direction or expression shall be construed to be a waiver of the posting of a bond by the fiduciary for all purposes, and no bond shall be required unless the court for good cause finds it proper to require one; if no bond is initially required, the court may nevertheless, for good cause, at any subsequent time require that a bond be given. 2. Unless otherwise required by the instrument creating the relationship, or by order of court, bank and trust companies shall not be required to provide any bond. Iowa Code Ann. § 633.173 633.173. Waiver of bond by distributees If the distributees, in writing waive the statutory requirement that a bond shall be filed by the fiduciary with the clerk, and the court finds that the interests of the creditors will not thereby be prejudiced, no bond shall be required. Modification: Iowa Code Ann. § 633.180 633.180. Bond changed The court may at any time require a new bond, or increase or decrease the amount of the penalty of the bond of any fiduciary, when good cause



therefor appears.

Kansas Kan. Stat. Ann. § 59-3069

Conservator Bond: Kan. Stat. Ann. § 59-3069 59-3069. Oaths; bonds; resident agent; letters; basic instructional program (b) When the court appoints an individual or a corporation as a conservator, except as provided for in subsections (c), (d) or (e), or in K.S.A. 59-3055, and amendments thereto, the court shall require that the individual or a representative on behalf of the corporation file with the court a bond […]. Guardian Bond: Kan. Stat. Ann. § 59-3069 59-3069. Oaths; bonds; resident agent; letters; basic instructional program (a) When the court appoints an individual or a corporation as a guardian, the court shall require that the individual or a representative on behalf of the corporation file with the court an oath or affirmation as required by K.S.A. 59-1702, and amendments thereto.

Determining the Amount: Kan. Stat. Ann. § 59-3069 59-3069. Oaths; bonds; resident agent; letters; basic instructional program (b) […] in the amount of 125% of the combined value of the tangible and intangible personal property in the conservatee's estate and the total of any annual income from any source which the conservator may be expected to receive on behalf of the conservatee, minus any reasonably expected expenses, conditioned upon the faithful discharge of all the duties of the conservator's trust according to law, and with sufficient sureties as the court may determine necessary or appropriate. Discretion: Kan. Stat. Ann. § 59-3069 59-3069. Oaths; bonds; resident agent; letters; basic instructional program (c) When the court appoints an individual or a corporation as a conservator pursuant to a request for a voluntary conservatorship as provided for in K.S.A. 59-3056, and amendments thereto, and the person for whom the voluntary conservatorship is established has requested that the individual or corporation appointed not be required to file a bond, the court may waive the filing of a bond; provided that the court may later require the filing of a bond if circumstances so require. (d) If, at the time of the appointment of a conservator, there is no property in the possession of the conservatee requiring a conservatorship, but the court finds that there is likely to be such at some point in time, the court may waive the filing of a bond and order that the conservator shall immediately file a report with the court upon either the conservator coming into possession of any property of the conservatee, or if the conservatee becomes entitled to receive any

Proof & Recording: Kan. Stat. Ann. § 59-3069 59-3069. Oaths; bonds; resident agent; letters; basic instructional program (i) Upon the filing of the required oath or bond, and appointment and consent of a resident agent, the court shall issue letters of guardianship to the guardian or letters of conservatorship to the conservator, or both. The court may order that a certified copy of these letters be sent to such persons or agencies as the court specifies. Liability: Nothing specified. Other: Nothing of note.



property which the conservator believes should be placed within the conservatorship. Upon the filing of such a report, the court, following any hearing the court may determine appropriate, may require the conservator to file a bond as provided for herein. (e) If the conservator appointed is the individual or corporation suggested by a testator or settlor as provided for in K.S.A. 59-3054, and amendments thereto, and the testator or settlor has provided by will or trust that no bond should be required of such conservator, the court may waive the filing of a bond; provided that the court may later require the filing of a bond if circumstances so require. (f) If the conservator is a bank having trust authority or a trust company organized and having its principal place of business within the state of Kansas, the court may waive the filing of a bond. Alternatives: Nothing specified. Exceptions: Nothing specified. (discretionary exceptions, see above) Modification: Nothing specified.

Kentucky Ky. Rev. Stat. Ann. § 387.070

Conservator Bond: Ky. Rev. Stat. Ann. § 387.070 387.070 Bonding of guardian or conservator (1) Except as provided in subsections (2) and (3) of this section, no guardian or conservator shall act until the guardian or conservator has been appointed by the proper District Court, and given bond to the Commonwealth of Kentucky with good surety, either corporate or personal, approved by the District Court to faithfully discharge the trust of guardian or conservator. […]

Determining the Amount: Nothing specified. Discretion: Nothing specified. Alternatives: Nothing specified. Exceptions: Ky. Rev. Stat. Ann. § 387.070 387.070 Bonding of guardian or conservator

Proof & Recording: Ky. Rev. Stat. Ann. § 387.070 387.070 Bonding of guardian or conservator (1) […]The bond shall be carefully kept by the clerk of the District Court in a book to be provided for that purpose. Liability: Nothing specified. Other: Ky. Rev. Stat. Ann. § 387.070



Guardian Bond: See above.

(2) A limited guardian shall be exempt from the requirements of subsection (1) of this section. (3) (a) If the person or entity appointed by the District Court as guardian or conservator is a person or entity nominated pursuant to KRS 387.040, and the will of the parent making the nomination requests no surety on the bond of the guardian or conservator, no surety shall be required on the bond, unless the District Court deems it imprudent to dispense with surety because of a change of circumstances since the will was made or for other good cause. (b) If the District Court directs that the assets of a ward's estate be deposited in a restricted account as set out in KRS 387.122, the guardian or conservator shall be exempt from giving surety on his or her bond. Modification: Nothing specified.

387.070 Bonding of guardian or conservator (4) No master or other commissioner whose duty it is to settle the accounts of a guardian or conservator, nor judge or clerk of a court, or practicing attorney, shall be accepted as surety on the bond of a guardian or conservator.

Missouri Mo. Ann. Stat. 475.100, 473.160, 473.197, 475.105, and 473.200

Conservator Bond: Mo. Ann. Stat. 475.100 475.100. Bond of conservator of estate of minor or disabled person Every conservator of the estate of a […] disabled person, before entering upon the duties of his office, shall execute and file a bond, approved by the court, procured at the expense of the estate with sufficient surety in an amount fixed by the court. Sections 473.157 to 473.217, relating to the bonds of personal representatives, except subsection 1 of section 473.157 and subsection 1 of section 473.160, are applicable to the bonds of conservators. Guardian Bond: Nothing specified.

Determining the Amount: Mo. Ann. Stat. 475.100 475.100. Bond of conservator of estate of minor or disabled person […] shall execute and file a bond, approved by the court, […] with sufficient surety in an amount fixed by the court. […] Discretion: Mo. Ann. Stat. 473.160 473.160. Bond not required, when 1. When, by […] the will, the testator expresses a wish that no bond be required of the personal representative, no bond shall be required unless the court […] finds it proper to require it; but the court […] may at any subsequent time require a bond to be given. […] 4. No bond shall be required if the court, upon good cause shown, finds that a bond is not required for the protection of interested parties.

Proof & Recording: Mo. Ann. Stat. 475.105 475.105. Letters of guardianship or conservatorship--form 1. When a duly appointed guardian or conservator has given bond, as required by law, and the bond has been approved, letters under the seal of the court shall be issued to the person appointed. Such letters shall specify whether they are of guardianship, limited guardianship, or standby guardianship of the person, or conservatorship or limited conservatorship of the estate, or both, and the original or duly certified copies thereof shall be prima facie evidence of the facts therein stated. Mo. Ann. Stat. 473.200 473.200. Letters revoked on failure to give bond If an executor or administrator fails to give a bond as required by the court, within the time fixed by the court, his letters shall be revoked.



Alternatives: Mo. Ann. Stat. 473.160 473.160. Bond not required, when 2. Any assets of an estate may be deposited at any time with a depositary upon such terms as may be prescribed by order of the court and the amount of the bond of the personal representative may be reduced in proportion to the value of the assets deposited. Such assets may not […] be withdrawn […] without an order of the court […]. Exceptions: Mo. Ann. Stat. 473.160 473.160. Bond not required, when 3. No bond shall be required of any corporation which […] has a certificate of the director of finance […] that such corporation has complied with […] section 362.590. Modification: Mo. Ann. Stat. 473.197 473.197. Court may require, increase or decrease bond, when The court may require bond, or increase or decrease the amount of the bond […] when good cause […] appears. […] if the bond is found to be in an amount in excess of or less than that last fixed under section 473.157, the court shall enter an order requiring an additional bond or reducing the penalty of the existing bond.

Liability: Nothing specified. Other: Nothing of note.

Montana Mont. Code. Ann. §§ 72-5-411 through 72-5-412

Conservator Bond: Mont. Code. Ann. § 72-5-411 72-5-411. Bond--court may require--amount (1) The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law with sureties that it specifies. Guardian Bond: Nothings specified.

Determining the Amount: Mont. Code. Ann. § 72-5-411 72-5-411. Bond--court may require--amount (2) Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator's control plus 1 year's estimated income minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land that the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization.

Proof & Recording: Nothing specified. Liability: Mont. Code. Ann. § 72-5-412 72-5-412. Terms and requirements of bond (1) […] (a) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other. Other:



Discretion: See above. Alternatives: Mont. Code. Ann. § 72-5-411 72-5-411. Bond--court may require--amount (3) The court, in lieu of sureties on a bond, may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land. Exceptions: Nothing specified. Modification: Nothing specified.

Nothing of note.

New Jersey N.J. Stat. Ann. §§ 3B:13A-13, 3B:15-1, 3B:15-9, 3B:15-11, and 3B:15-21

Conservator Bond: N.J. Stat. Ann. § 3B:13A-13 3B:13A-13. Bond The court may, upon appointing a conservator in order to secure the faithful performance of the duties of his office, require him to furnish bond to the Superior Court in a sum and with proper conditions and sureties having due regard to the value of the estate in his charge and the extent of his authority, as the court shall approve. N.J. Stat. Ann. § 3B:15-1 3B:15-1. Bonds of fiduciaries The court or surrogate appointing a fiduciary in any of the instances enumerated below shall secure faithful performance of the duties of the office by requiring the fiduciary thereby authorized to act to furnish bond to the Superior Court in a sum and with proper conditions and sureties, having due regard to the value of the estate and the extent of the fiduciary's authority, as the court shall approve: a. When an appointment is made upon failure of

Determining the Amount: N.J. Stat. Ann. § 3B:15-1 3B:15-1. Bonds of fiduciaries […] in a sum and with proper conditions and sureties, having due regard to the value of the estate and the extent of the fiduciary's authority, as the court shall approve Discretion: See above. N.J. Stat. Ann. § 3B:15-1 3B:15-1. Bonds of fiduciaries (4) A personal representative, testamentary guardian, or testamentary trustee who is required to provide bond pursuant to paragraph (1) of this subsection may make application to the court to waive the bond or reduce the amount of bond for good cause shown, […]. Alternatives: N.J. Stat. Ann. § 3B:15-11 3B:15-11. When deposit permitted




the will, or other instrument creating or continuing a fiduciary relationship, to name a fiduciary; b. When a person is appointed in the place of the person named as fiduciary in the will, or other instrument creating or continuing the fiduciary relationship; c. When the office to which the person is appointed is any form of administration, except: [see exceptions]; d. When the office to which the person is appointed is any form of guardianship of a minor or a person who is incapacitated , except as otherwise provided in N.J.S.3B:12-16 or N.J.S.3B:12-33 with respect to a guardian appointed by will; e. When letters are granted to a nonresident executor, except in cases where the will provides that no security shall be required of the person named as executor therein; f. When an additional or substituted fiduciary is appointed; g. When an appointment is made under chapter 26 of this title, of a fiduciary for the estate or property, or any part thereof, of an absentee; h. When a fiduciary moves from the State, in which case the court may require the fiduciary to give such security as the court determines; or i. (1) When an appointment is made, regardless of any direction in a last will and testament relieving a personal representative, testamentary guardian, or testamentary trustee or their successors from giving bond, that person shall, before receiving letters or exercising any authority or control over the property, provide bond to secure performance of the person's duties with respect to property to which a person with a developmental disability as defined in section 3 of P.L.1985, c. 145 (C.30:6D-25) is, or shall be entitled, if: (a) the testator has identified that a devisee or

If the value of an estate or fund is so great that the court in which the fiduciary received his letters or appointment deems it inexpedient to require security in the full amount prescribed by law, or if the estate or fund is in cash or is invested in securities in which a fiduciary may by law invest money intrusted to him in his fiduciary capacity without special order of any court, the court may direct that any securities for the payment of money belonging to the estate or fund be deposited […] and that any money belonging to the estate or fund be deposited […], which depository shall be approved by the court when it directs the making of the deposit. Exceptions: N.J. Stat. Ann. § 3B:15-1 3B:15-1. Bonds of fiduciaries […] (2) No bond shall be required pursuant to paragraph (1) of this subsection if: (a) the court has appointed another person as guardian of the person or guardian of the estate for the person with a developmental disability; (b) the person seeking the appointment is a family member within the third degree of consanguinity of the person with a developmental disability; or (c) the total value of the real and personal assets of the estate or trust does not exceed $25,000. […] This subsection shall not apply to qualified financial institutions pursuant to section 30 of P.L.1948, c. 67 (C.17:9A-30) or to non-profit community trusts organized pursuant to P.L.1985, c. 424 (C.3B:11-19 et seq.). Nothing contained in this section shall be construed to require a bond in any case where it is specifically provided by law that a bond need not be required. Modification: N.J. Stat. Ann. § 3B:15-9 3B:15-9. Additional surety when original sureties and bond insufficient If it appears that the security given by a fiduciary



beneficiary of property of the decedent's estate is a person with a developmental disability; or (b) the person seeking appointment has actual knowledge that a devisee or beneficiary of property of the decedent's estate is a person with a developmental disability. […] Guardian Bond: Nothing specified.

at the time of his appointment was insufficient or has become insufficient or the sureties appear to be in failing circumstances or insufficient for the security of the estate, the court may order the fiduciary to give other or further security to the Superior Court, by bond in the usual form, and other sureties as the court, after hearing persons interested, including creditors, shall approve. N.J. Stat. Ann. § 3B:15-21 3B:15-21. Reduction of fiduciary's bond; discharge of original sureties When it shall appear upon the allowance of a fiduciary's intermediate account that the fiduciary's bond is in a greater sum than is necessary for the proper protection of property and assets of the estate [...] the court may […] allow the fiduciary to give a new bond in a lesser sum as the court may deem sufficient. When the new bond, with conditions and sureties duly approved, is filed, the court by its order may discharge the sureties upon the original bond from all liability thereunder after the date of the order.

New Mexico N.M. Stat. Ann. § 45-5-411

Conservator Bond: N.M. Stat. Ann. § 45-5-411 § 45-5-411. Bond A. The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. […] B. If the veterans administration is paying or planning to pay benefits to a person to be protected, the court may, upon the request of the veterans administration, require a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Guardian Bond: Nothing specified.

Determining the Amount: N.M. Stat. Ann. § 45-5-411 § 45-5-411. Bond A. […] Unless otherwise directed, the bond shall be in the amount of the total value of the property of the estate in his control plus one year's estimated income less the value of securities deposited under arrangements requiring an order of the court for their removal less the value of property which may not be sold or conveyed without an order of the court. […] Discretion: See above. Alternatives: N.M. Stat. Ann. § 45-5-411 § 45-5-411. Bond




A. […] The court, in lieu of sureties on a bond, may accept other security for the performance of the bond. Exceptions: Nothing specified. Modification: Nothing specified.

Ohio Ohio Rev. Code Ann. §§ 2109.04 and 2109.06

Conservator Bond: Ohio Rev. Code Ann. § 2109.04 2109.04 Bond (A)(1) Unless otherwise provided by law, order, or local rule, every fiduciary, prior to the issuance of the fiduciary's letters as provided by section 2109.02 of the Revised Code, shall file in the probate court in which the letters are to be issued a bond with a penal sum in an amount that is fixed by the court, but in no event less than double the probable value of the personal property and of the annual real property rentals that will come into the possession or under the control of the person as a fiduciary. The bond of a fiduciary shall be in a form approved by the court and signed by two or more personal sureties or by one or more corporate sureties approved by the court. It shall be conditioned that the fiduciary faithfully and honestly will discharge the duties devolving upon the person as fiduciary, and shall be conditioned further as may be provided by law. Guardian Bond: Ohio Rev. Code Ann. § 2109.04 2109.04 Bond (A) […] (3) A guardian of the person only does not have to give bond unless, for good cause shown, the court considers a bond to be necessary. When a bond is required of a guardian of the person only, it shall be

Determining the Amount: Ohio Rev. Code Ann. § 2109.04 2109.04 Bond (A)(1) […] every fiduciary […] shall file in the probate court […] a bond with a penal sum in an amount that is fixed by the court, but in no event less than double the probable value of the personal property and of the annual real property rentals that will come into the possession or under the control of the person as a fiduciary. […] Discretion: See above. Ohio Rev. Code Ann. § 2109.04 2109.04 Bond (A) […] (4) When the probable value of the personal property and of the annual real property rentals that will come into the possession or under the control of the guardian as a fiduciary is less than ten thousand dollars, the court may waive or reduce a bond required by division (A)(1) of this section. Alternatives: Nothing specified. Exceptions: Ohio Rev. Code Ann. § 2109.04 2109.04 Bond (A) […] (2) Except as otherwise provided in this

Proof & Recording: Nothing specified. Liability: Ohio Rev. Code Ann. § 2109.06 2109.06 New or additional bond […] When a new bond is required as provided in this section, the sureties in the prior bond shall nevertheless be liable for all breaches of the conditions set forth in the bond that are committed before the new bond is approved by the court. Other: Nothing of note.



determined and filed in accordance with division (A)(1) of this section. This division does not apply to a guardian of the person only nominated in a parent's will if the will provides that the guardian may serve without giving bond.

division, if the instrument creating the trust dispenses with the giving of a bond, the court shall appoint a fiduciary without bond, unless the court is of the opinion that the interest of the trust demands it. If the court is of that opinion, it may require bond to be given in any amount it fixes. If a parent nominates a guardian for the parent's child in a will and provides in the will that the guardian may serve without giving bond, the court may appoint the guardian without bond or require the guardian to give bond in accordance with division (A)(1) of this section. […] (B) When an executive director who is responsible for the administration of children services in the county is appointed as trustee of the estate of a ward pursuant to section 5153.18 of the Revised Code and has furnished bond under section 5153.13 of the Revised Code, or when an agency under contract with the department of developmental disabilities for the provision of protective service under sections 5123.55 to 5123.59 of the Revised Code is appointed as trustee of the estate of a ward under sections 5123.55 to 5123.59 of the Revised Code and any employees of the agency having custody or control of funds or property of that ward have furnished bond under section 5123.59 of the Revised Code, the court may dispense with the giving of a bond. Modification: Ohio Rev. Code Ann. § 2109.04 2109.04 Bond (C) When letters are granted without bond, at any later period on its own motion or upon the application of any party interested, the court may require bond to be given in an amount that is fixed by the court. […] The court that appoints a fiduciary may reduce the amount of the bond of the fiduciary at any time for good cause shown.



Ohio Rev. Code Ann. § 2109.06 2109.06 New or additional bond The probate court that appoints a fiduciary may, on its own motion or on the application of any interested party, and after notice to the fiduciary, require a new bond or sureties or an additional bond or sureties whenever, in the opinion of the court, the interests of the trust demand it. Immediately upon the filing of the inventory by a fiduciary, the court shall determine whether the amount of the bond of the fiduciary is sufficient and shall require new or additional bond if in the opinion of the court the interests of the trust demand it. […]

Oregon Or. Rev. Stat. §§ 125.410, 709.240, and 406.050

Conservator Bond: Or. Rev. Stat. § 125.410 125.410. Conservator's bond (1) Except as provided in subsection (2) of this section, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservator according to law, with sureties as specified by the court. […] Guardian Bond: Nothing specified.

Determining the Amount: Or. Rev. Stat. § 125.410 125.410. Conservator's bond (1) […] Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the control of the conservator plus one year's estimated income minus the value of securities and money deposited under arrangements requiring an order of the court for their removal and the value of any real property that the conservator, by express limitation of power, lacks power to sell or convey without court authorization. Discretion: See above. Or. Rev. Stat. § 125.410 125.410. Conservator's bond (2)(a) The court may waive a bond for good cause shown. Alternatives: Nothing specified.

Proof & Recording: Or. Rev. Stat. § 125.410 125.410. Conservator's bond (4) Letters of conservatorship may not be issued until the bond required by this section is approved by the court. Liability: Or. Rev. Stat. § 125.410 125.410. Conservator's bond (3) Sureties for a bond required under this section are jointly and severally liable with the conservator and with each other. Other: Nothing of note.



Exceptions: Or. Rev. Stat. § 125.410 125.410. Conservator's bond (2) […] (b) Subsection (1) of this section does not affect the provisions of ORS 709.240, relating to a trust company acting as fiduciary, ORS 125.715, relating to a public guardian acting as fiduciary, or ORS 406.050 (8), relating to the Department of Veterans' Affairs acting as fiduciary. Or. Rev. Stat. § 709.240 709.240. Security not required when trust company appointed as fiduciary An official oath or indemnity bond or other security shall not be required when a trust company is appointed as fiduciary or during the administration of the trust except as required by ORS 709.030 and 709.130. Or. Rev. Stat. § 406.050 406.050. Additional powers and duties of department; rules; service charges […]the Department of Veterans' Affairs is authorized: […] (8) To act without bond as conservator of the estate of: (a) A person who qualifies for benefits from the United States Department of Veterans Affairs. (b) A dependent, an immediate family member, a survivor or a former spouse who has not remarried of a person who qualifies for benefits, or who qualified for benefits while alive, from the United States Department of Veterans Affairs, as those persons are defined by rule by the Department of Veterans' Affairs. Modification: Or. Rev. Stat. § 125.410 125.410. Conservator's bond (6) The court may at any time increase or reduce the amount of the bond required of a conservator



for the protection of the protected person and the estate of the protected person.

Pennsylvania 20 Pa.Cons. Stat. Ann. §§ 5515 and 5121 through 5123

Conservator Bond: 20 Pa.Cons. Stat. Ann. § 5515 § 5515. Provisions similar to other estates The provisions relating to a guardian of an incapacitated person and his surety shall be the same as are set forth in the following provisions of this title relating to a personal representative or a guardian of a minor and their sureties: […] Section 5121 (relating to necessity, form and amount). Section 5122 (relating to when bond not required). Section 5123 (relating to requiring or changing amount of bond). 20 Pa.Cons. Stat. Ann. § 5121 § 5121. Necessity, form and amount Except as hereinafter provided, every guardian of the estate of a minor shall execute and file a bond which shall be in the name of the Commonwealth, with sufficient surety, in such amount as the court considers necessary, having regard to the value of the personal estate which will come into the control of the guardian, and conditioned in the following form: […] Guardian Bond: Nothing specified.

Determining the Amount: 20 Pa.Cons. Stat. Ann. § 5121 § 5121. Necessity, form and amount […], in such amount as the court considers necessary, having regard to the value of the personal estate which will come into the control of the guardian […] Discretion: See above. 20 Pa.Cons. Stat. Ann. § 5122 § 5122. When bond not required (c) Nonresident corporation.--A nonresident corporation or a national bank having its principal office out of the Commonwealth, otherwise qualified to act as guardian, in the discretion of the court, may be excused from giving bond. (d) Other cases.--In all other cases, the court may dispense with the requirement of a bond when, for cause shown, it finds that no bond is necessary. Alternatives: Nothing specified. Exceptions: 20 Pa.Cons. Stat. Ann. § 5122 § 5122. When bond not required (a) Guardian named in conveyance.--No bond shall be required of a guardian appointed by or in accordance with the terms of a will, inter vivos instrument, or insurance contract as to the property acquired under the authority of such appointment, unless it is required by the conveyance, or unless the court, for cause shown, deems it advisable. (b) Corporate guardian.--No bond shall be required of a bank and trust company or of a trust company incorporated in the Commonwealth, or




of a national bank having its principal office in the Commonwealth, unless the court, for cause shown, deems it advisable. Modification: 20 Pa.Cons. Stat. Ann. § 5123 § 5123. Requiring or changing amount of bond The court, for cause shown, […] may require a surety bond, or increase or decrease the amount of an existing bond, or require more or less security therefor.

Rhode Island R.I. Gen.Laws Ann. §§ 33-17-1 through 33-17-1.3, 33-17-4, 33-17-7, and 33-17-10

Conservator Bond: R.I. Gen.Laws Ann. § 33-17-1 § 33-17-1. Conditions of bond Every executor, administrator, and guardian, before entering upon the execution of his or her trust, shall give bond to the probate court in any sum as it shall require, with sufficient surety or sureties, and with condition, except as provided in §§ 33-17-3 and 33-17-4, substantially as follows: […] (3) In the case of a guardian of an estate: (i) To make and return to the probate court, as by law required, a true inventory of all the real and personal property of the ward which, at the time of making inventory, shall have come to his or her possession or knowledge. (ii) To manage and dispose of all property according to law and for the best interests of the ward, and faithfully to perform his or her trust. (iii) To render upon oath, as by law required, a true account of the property of his or her ward and of his or her management and disposition thereof. (iv) At the expiration of his or her trust to settle his or her account in the probate court, or with the ward or his or her legal representative, and to pay over and deliver all the property remaining in his or her hands or due from him or her on settlement to the person entitled to the property.

Determining the Amount: R.I. Gen.Laws Ann. § 33-17-1 § 33-17-1. Conditions of bond […] in any sum as it shall require […] Discretion: See above. R.I. Gen.Laws Ann. § 33-17-1.2 § 33-17-1.2. When surety not required (a) […] The probate court may require surety in any instance where it finds the circumstances so warrant such surety. (b) In making a determination as to whether surety should be required, the probate court's consideration may include, but shall not be limited to, the following: (1) The total number of the decedent's heirs at law; (2) The relationship of the heirs at law to one another; (3) The extent to which there appears to be issues and/or conflicts between the heirs at law in regard to the decedent's estate, or the corresponding lack of such issues and/or conflicts; and (4) The total size, extent and monetary value of the decedent's estate; and In making a determination pursuant to provisions of this section, the court may conduct such hearings as it deems appropriate. R.I. Gen.Laws Ann. § 33-17-1.3 § 33-17-1.3. When surety not required for guardians (b) In making a determination as to whether surety

Proof & Recording: R.I. Gen.Laws Ann. § 33-17-7 § 33-17-7. Examination and approval of bond No bond required to be given to a probate court shall be accepted until it has been examined and approved by the court, or examined by the clerk and found to conform to the order of the court, and the approval of the court or clerk entered of record. Liability: Nothing specified. Other: Nothing of note.



Guardian Bond: See above.

should be required for guardians, the probate court's consideration may include, but shall not be limited to, the following: (1) The total number of the ward's heirs at law; (2) The relationship of the ward's heirs at law to one another; (3) The extent to which there appears to be issues and/or conflicts between the ward's heirs at law in regard to the guardianship, or the corresponding lack of such issues and/or conflicts; and (4) The total size, extent, and monetary value of the ward's estate. (c) In making a determination pursuant to the provision of this section, the court may conduct any hearings that it deems appropriate. The provisions of this section shall apply to both temporary and/or full guardianships. Alternatives: Nothing specified. Exceptions: R.I. Gen.Laws Ann. § 33-17-1.3 § 33-17-1.3. When surety not required for guardians (a) No surety shall be required on any bond of a guardian of the person and/or estate when the guardian is the spouse, parent, child, brother, sister, or other heir at law of the ward if the guardian demonstrates to the satisfaction of the probate court that circumstances warrant the waiver of surety and/or that no surety should be required. R.I. Gen.Laws Ann. § 33-17-4 § 33-17-4. Testamentary exemption from bond or surety An order or request in a will that an executor or guardian shall be exempt from giving bond or surety shall only exempt the executor or guardian from giving surety. The probate court, however, may require the executor or guardian at any time to give bond with surety or sureties.



Modification: R.I. Gen.Laws Ann. § 33-17-10 § 33-17-10. Requiring further bond or sureties (a) If a bond given to a probate court is insufficient either in amount or security, the court shall require further bond, surety, or sureties of the executor, administrator, or guardian, and on his or her neglect or refusal to give further bond or sureties within the time fixed by the court, the court shall remove the executor, administrator, or guardian without further notice, and appoint an administrator or guardian, respectively, to succeed him or her. (b) In the event a probate court requires: (a) a fiduciary to file a bond with surety, and the amount is subsequently ordered to be increased; or (b) in the event a bond with surety is ordered for a temporary guardian, and the bond is ordered to be increased upon the entry/appointment of a permanent guardianship, the court may order the same bond to remain in effect and to be increased in an appropriate amount, as necessary.

South Carolina S.C. Code Ann. §§ 62-5-411 through 62-5-412

Conservator Bond: S.C. Code Ann. § 62-5-411 § 62-5-411. Bond. The court, unless for good cause stated, shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law and will approve all sureties.[…] The court shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security. […] Guardian Bond: Nothing specified.

Determining the Amount: S.C. Code Ann. § 62-5-411 § 62-5-411. Bond. […] If bond is required, the person qualifying shall file a statement under oath with the court indicating his best estimate of the value of the personal estate of the protected person and of the income expected from the personal estate during the next year, and he shall execute and file a bond with the court, or give other suitable security, in an amount not less than the estimate. […] Discretion: S.C. Code Ann. § 62-5-411 § 62-5-411. Bond. The court, unless for good cause stated, shall require a conservator to furnish a bond […] The court may permit the amount of the bond to be reduced by the value of assets of the estate

Proof & Recording: Nothing specified. Liability: S.C. Code Ann. § 62-5-412 § 62-5-412. Terms and requirements of bonds. (a) […] (1) Sureties shall be jointly and severally liable with the conservator and with each other; Other: Nothing of note.



deposited with a domestic financial institution, as defined in Section 62-6-101, in a manner that prevents their unauthorized disposition. […] Alternatives: Nothing specified. Exceptions: Nothing specified. Modification: S.C. Code Ann. § 62-5-411 § 62-5-411. Bond. […] Upon application of the conservator or another interested person, or upon the court's own motion, the court may increase or reduce the amount of the bond, release sureties, dispense with security or securities, or permit the substitution of another bond with the same or different sureties. A denial of an application by the court is not an adjudication and does not preclude a formal proceeding.

Texas Tex. Est. Code §§ 1105.101 through 1105.112

Conservator Bond: Tex. Est. Code § 1105.101 § 1105.101. Bond Generally Required; Exceptions (a) Except as provided by this section, a guardian of the person or the estate of a ward shall give a bond. […] (d) The court may not waive the requirement of

Determining the Amount:6 Tex. Est. Code § 1105.152 § 1105.152. General Standard Regarding Amount of Bond (a) The judge shall set the amount of a bond for a guardian of an estate in an amount sufficient to protect the guardianship and the guardianship's creditors […]. (b) In determining the amount of the bond, the

Proof & Recording: Tex. Est. Code § 1105.110 § 1105.110. Filing of Bond A bond required under this title shall be filed with the clerk after the court approves the bond. Liability: Other:

6 V.T.C.A., Estates Code § 1105.153 § 1105.153. Evidentiary Hearing on Amount of Bond Before setting the amount of a bond required of a guardian of an estate, the court shall hear evidence and determine: (1) the amount of cash on hand and where that cash is deposited; (2) the amount of cash estimated to be needed for administrative purposes, including the operation of a business, factory, farm, or ranch owned by the guardianship estate, and administrative expenses for one year; (3) the revenue anticipated to be received in the succeeding 12 months from dividends, interest, rentals, or use of property belonging to the guardianship estate and the aggregate amount of any installments or periodic payments to be collected; (4) the estimated value of certificates of stock, bonds, notes, or other securities of the ward, and the name of the depository in which the stocks, bonds, notes, or other securities are deposited; (5) the face value of life insurance or other policies payable to the ward or the ward's estate; (6) the estimated value of other personal property that is owned by the guardianship, or by a person with a disability; and (7) the estimated amount of debts due and owing by the ward.



bond for the guardian of the estate of a ward, regardless of whether a surviving parent's will or written declaration directs the court to waive the bond. Guardian Bond: See above. Tex. Est. Code § 1105.102 § 1105.102. Bond for Certain Guardians of the Person (a) This section applies only to a bond required to be posted by a guardian of the person of a ward when there is no guardian of the ward's estate. (b) To ensure the performance of the guardian's duties, a court may accept only: (1) a corporate surety bond; (2) a personal surety bond; (3) a deposit of money instead of a surety bond; or (4) a personal bond. (c) In determining the appropriate type and amount of bond to set for the guardian, the court shall consider: (1) the familial relationship of the guardian to the ward; (2) the guardian's ties to the community; (3) the guardian's financial condition; (4) the guardian's past history of compliance with the court; and (5) the reason the guardian may have previously been denied a corporate surety bond.

court may not consider estate assets placed in a management trust under Chapter 1301. Tex. Est. Code § 1105.154 § 1105.154. Specific Bond Amount (a) Except as otherwise provided by this section, the judge shall set the amount of a bond of a guardian of an estate in an amount equal to the sum of: (1) the estimated value of all personal property belonging to the ward; and (2) an additional amount to cover revenue anticipated to be derived during the succeeding 12 months from: (A) interest and dividends; (B) collectible claims; (C) the aggregate amount of any installments or periodic payments, excluding income derived or to be derived from federal social security payments; and (D) rentals for the use of property. (b) The judge shall reduce the amount of the original bond under Subsection (a) in proportion to the amount of cash or the value of securities or other assets: (1) authorized or required to be deposited by court order; or (2) voluntarily deposited by the guardian or the sureties on the guardian's bond as provided in Sections 1105.156 and 1105.157(a). Discretion: See above. Tex. Est. Code § 1105.155 § 1105.155. Agreement Regarding Deposit of Estate Assets (a) If the court considers it to be in the best interests of the ward, the court may require the guardian of the estate and the corporate or personal sureties on the guardian's bond to agree to deposit cash and other assets of the guardianship estate in a depository described by Subsection (b). […] (b) Cash and assets must be deposited under this section in a financial institution as defined by Section 201.101, Finance Code, that: (1) has its



main office or a branch office in this state; and (2) is qualified to act as a depository in this state under the laws of this state or the United States. (c) An agreement made by a guardian and the sureties on the guardian's bond under this section does not release the principal or sureties from liability, or change the liability of the principal or sureties, as established by the terms of the bond. Alternatives: V Tex. Est. Code § 1105.157 § 1105.157. Deposits of Guardian (a) Instead of giving a surety or sureties on a bond, or to reduce the amount of a bond, the guardian of an estate may deposit the guardian's own cash or securities acceptable to the court with a financial institution as defined by Section 201.101, Finance Code, that has its main office or a branch office in this state. (b) […] the deposit must be in an amount or value equal to the amount of the bond required or the bond shall be reduced by the value of assets that are deposited. […] (e) The amount of cash or securities on deposit may be increased or decreased, by court order from time to time […] (f) A deposit of cash or securities made instead of a surety on the bond may be withdrawn or released only on order of a court that has jurisdiction. […] Exceptions:7 Tex. Est. Code § 1105.101 § 1105.101. Bond Generally Required; Exceptions (b) A bond is not required if the guardian is: (1) a corporate fiduciary; or (2) a guardianship program operated by a county. (c) The court shall issue letters of guardianship of the person to a person without the requirement of a

7 But see V.T.C.A., Estates Code § 1105.103. Bond Required From Guardian Otherwise Exempt



bond if: (1) the person is named to be appointed guardian in a will made by a surviving parent that is probated by a court in this state, or in a written declaration made by a surviving parent, and the will or declaration directs that the guardian serve without a bond; and (2) the court finds that the guardian is qualified. Tex. Est. Code § 1105.107 § 1105.107. Bond of Guardianship Program The judge may require a guardianship program appointed guardian under this title to file one bond that: (1) meets all the conditions required under this title; and (2) is in an amount sufficient to protect all of the guardianships and the creditors of the guardianships of the wards receiving services from the guardianship program. Modification: Tex. Est. Code § 1105.251 711, 712 Formerly cited as TX PROBATE §§ § 1105.251. Grounds for Requiring New Bond (a) A guardian may be required to give a new bond if: (1) a surety on a bond dies, removes beyond the limits of this state, or becomes insolvent; (2) in the court's opinion: (A) the sureties on a bond are insufficient; or (B) a bond is defective; (3) the amount of a bond is insufficient; (4) a surety on a bond petitions the court to be discharged from future liability on the bond; or (5) a bond and the record of the bond have been lost or destroyed. (b) A person interested in the guardianship may have the guardian cited to appear and show cause why the guardian should not be required to give a new bond by filing a written application with the county clerk of the county in which the guardianship proceeding is pending. The application must allege that: (1) the bond is insufficient or defective; or (2) the bond and the record of the bond have been lost or destroyed.



Utah Utah Code Ann. §§ 75-5-411 through 75-5-412 and 75-5-105

Conservator Bond: Utah Code Ann. § 75-5-411 § 75-5-411. Bond Subject to the provisions of Title 7 relating to the bonding requirements for corporate fiduciaries, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify, unless the court dispenses with such bond for good cause shown. […] Guardian Bond: Utah Code Ann. § 75-5-105 § 75-5-105. Bond of guardian A guardian coming into the possession or control of funds or other property of a minor or incapacitated person may be required by the court to furnish a bond in an amount and under the conditions as set forth for conservators in Sections 75-5-411 and 75-5-412.

Determining the Amount: Utah Code Ann. § 75-5-411 § 75-5-411. Bond […] Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of the property of the estate in his control plus one year's estimated income minus the value of securities and cash deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization. […] Discretion: See above. Utah Code Ann. § 75-5-411 § 75-5-411. Bond […] unless the court dispenses with such bond for good cause shown. […] Alternatives: Utah Code Ann. § 75-5-411 § 75-5-411. Bond […] The court, in lieu of sureties on a bond, may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land. Exceptions: Nothing specified. Modification: Nothing specified.

Proof & Recording: Nothing specified. Liability: Utah Code Ann. § 75-5-412 § 75-5-412. Terms and requirements of bonds (1) […] (a) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other; Other: Nothing of note.

Vermont Vt. Stat. Ann. tit. 14 §§ 2751 through 2754

Conservator Bond: The statute does not indicate if “guardian” refers to guardian of the person or property, but it refers to the estate of the ward, so it likely incorporates guardian of the property.

Determining the Amount: Nothing specified. Discretion: Nothing specified.

Proof & Recording: Nothing specified. Liability: Nothing specified.



Guardian Bond: Vt. Stat. Ann. tit. 14 § 2751 § 2751. Bonds; how conditioned Before acting as such, a guardian appointed by the probate division of the superior court shall give a bond with sureties in a sum as the court directs, […]

Alternatives: Nothing specified. Exceptions: Nothing specified. Modification: Vt. Stat. Ann. tit. 14 § 2753 § 2753. Additional bond At any time the probate division of the superior court may require an additional bond of such guardian, to respond both principal and income, if the interest of the wards requires it. Vt. Stat. Ann. tit. 14 § 2754 § 2754. New bond A ward, the heir apparent of a ward or a person interested in the welfare of a ward, as defined in section 3061 of this title, may file a motion with the probate division of the superior court to require the guardian to give a new and sufficient bond. If it appears to the court that the bond is insufficient, the court may order the guardian to give a new and sufficient bond. When it appears on the motion of a surety in a guardian's bond that the surety is liable to be injured thereby, the court may discharge the surety from future responsibility and order the guardian to give a new bond. After being notified of the order, if the guardian does not give a new bond, the court may remove the guardian and appoint some other person.

Other: Nothing of note.

Virginia Va. Code Ann. §§ 64.2-2011 through 64.2-2012 and 64.2-2018

Conservator Bond: Va. Code Ann. § 64.2-2011 § 64.2-2011. Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on certificate A. A guardian or conservator appointed in the court order shall qualify before the clerk upon the following:

Determining the Amount: Nothing specified. Discretion: Va. Code Ann. § 64.2-2018 § 64.2-2018. Taking of bond by clerk of court Whenever this title provides for the appointment of a fiduciary by a circuit court, the clerk of the

Proof & Recording: Va. Code Ann. § 64.2-2011 § 64.2-2011. Qualification of guardian or conservator; clerk to record order and issue certificate; reliance on certificate B. Upon qualification, the clerk shall issue to the guardian or conservator a certificate with a copy of the order appended thereto. The clerk shall record



[…] 2. Posting of bond, but no surety shall be required on the bond of the guardian, and the conservator's bond may be with or without surety, as ordered by the court; and […] Guardian Bond: See above.

court also shall have the authority to take the required bond, set the penalty thereof, and pass upon the sufficiency of the surety thereon. Alternatives: Nothing specified. Exceptions: Nothing specified. Modification: Va. Code Ann. § 64.2-2012 § 64.2-2012. Petition for restoration, modification, or termination; effects A. Upon petition by the incapacitated person, the guardian or conservator, or any other person or upon motion of the court, the court may […] (ii) modify the type of appointment or the areas of protection, management, or assistance previously granted or require a new bond; […]

the order in the same manner as a power of attorney would be recorded and shall, in addition to the requirements of § 64.2-2014, provide a copy of the order to the commissioner of accounts. […] Liability: Nothing specified. Other: Nothing of note.

Washington Wash. Rev. Code Ann. §§ 11.88.010, 11.88.100, 11.88.105, 11.88.107, and 11.28.185

Conservator Bond: See below. Wash. Rev. Code Ann. § 11.88.010 11.88.010. Authority to appoint guardians—Definitions—Venue—Nomination by principal (1) The superior court of each county shall have power to appoint guardians for the persons and/or estates of incapacitated persons, and guardians for the estates of nonresidents of the state who have property in the county needing care and attention. Guardian Bond: Wash. Rev. Code Ann. § 11.88.100 11.88.100. Oath and bond of guardian or limited guardian Before letters of guardianship are issued, each guardian or limited guardian shall […], unless dispensed with by order of the court as provided

Determining the Amount: Wash. Rev. Code Ann. § 11.88.100 11.88.100. Oath and bond of guardian or limited guardian […] file a bond, with sureties to be approved by the court, payable to the state, in such sum as the court may fix, taking into account the character of the assets on hand or anticipated and the income to be received and disbursements to be made […] Discretion: See above. Wash. Rev. Code Ann. § 11.88.100 11.88.100. Oath and bond of guardian or limited guardian In all guardianships or limited guardianships of the person, and in all guardianship or limited guardianships of the estate, in which the petition

Proof & Recording: Nothing specified. Liability: Nothing specified. Other: Applicability of Other Sections: Wash. Rev. Code Ann. § 11.88.110 11.88.110. Law on executors' and administrators' bonds applicable All the provisions of this title relative to bonds given by executors and administrators shall apply to bonds given by guardians or limited guardians.



in RCW 11.88.105, file a bond, with sureties to be approved by the court, payable to the state, in such sum as the court may fix, taking into account the character of the assets on hand or anticipated and the income to be received and disbursements to be made […]

alleges that the alleged incapacitated person has total assets of a value of less than three thousand dollars, the court may dispense with the requirement of a bond pending filing of an inventory […] PROVIDED […] Alternatives: Wash. Rev. Code Ann. § 11.88.105 11.88.105. Reduction in amount of bond In cases where all or a portion of the estate consisting of cash or securities has been placed in possession of savings and loan associations or banks, trust companies, escrow corporations, or other corporations approved by the court and if a verified receipt signed by the custodian of the funds is filed by the guardian or limited guardian in court stating that such corporations hold the cash or securities subject to order of court, the court may in its discretion dispense with the bond or reduce the amount of the bond by the amount of such deposits. Exceptions: Wash. Rev. Code Ann. § 11.88.107 11.88.107. When bond not required In all cases where a bank or trust company, authorized to act as guardian or limited guardian, or where a nonprofit corporation is authorized under its articles of incorporation to act as guardian or limited guardian, is appointed as guardian or limited guardian, or acts as guardian or limited guardian under an appointment as such heretofore made, no bond shall be required: PROVIDED, […] Wash. Rev. Code Ann. § 11.28.185 11.28.185. Bond or other security of personal representative—When not required—Waiver—Corporate trustee—Additional bond—Reduction—Other security When the terms of the decedent's will manifest an



intent that the personal representative appointed to administer the estate shall not be required to furnish bond or other security, […] then such personal representative shall not be required to give bond […]. In all cases where a bank or trust company authorized to act as personal representative is appointed as personal representative, no bond shall be required. […] Modification: Wash. Rev. Code Ann. § 11.88.100 11.88.100. Oath and bond of guardian or limited guardian […] The court may require an additional bond whenever for any reason it appears to the court that an additional bond should be given. […] Wash. Rev. Code Ann. § 11.28.185 11.28.185. Bond or other security of personal representative--When not required—Waiver—Corporate trustee—Additional bond—Reduction—Other security The court may at any time after appointment of the personal representative require said personal representative to give a bond or additional bond, the same to be conditioned and to be approved as provided in this section; or the court may allow a reduction of the bond upon a proper showing. In lieu of bond, the court may in its discretion, substitute other security or financial arrangements, such as provided under RCW 11.88.105, or as the court may deem adequate to protect the assets of the estate.

West Virginia W. Va. Code § 44A-1-9

Conservator Bond: W. Va. Code § 44A-1-9 § 44A-1-9. Posting of bonds; actions on bond (b) The court shall order the posting of a bond by a conservator prior to appointment except where the conservator is excused from posting bond under the provisions of section eighteen, article

Determining the Amount: W. Va. Code § 44A-1-9 § 44A-1-9. Posting of bonds; actions on bond (b) […] In determining the amount or type of a conservator's bond, the court […] shall consider: (1) The value of the personal estate and annual gross income and other receipts within the conservator's control; (2)

Proof & Recording: W. Va. Code § 44A-1-9 § 44A-1-9. Posting of bonds; actions on bond […] Proof of bonding must be submitted to the court within thirty days of entry of the order regarding bond.



four, chapter thirty-one-a of this code. […] Guardian Bond: W. Va. Code § 44A-1-9 § 44A-1-9. Posting of bonds; actions on bond (a) The court has the discretion to determine whether the posting of a bond by a guardian, once appointed, is necessary. […]

The extent to which the estate has been deposited under an arrangement requiring an order of court for its removal; (3) Whether an order has been entered waiving the requirement that accountings be filed and presented or permitting accountings to be presented less frequently than annually; (4) The extent to which the income and receipts are payable directly to a facility responsible for or which has assumed responsibility for the care or custody of the protected person; (5) The extent to which the income and receipts are derived from state or federal programs that require periodic accountings; (6) Whether a guardian has been appointed, and if so, whether the guardian has presented reports as required; and (7) Whether the conservator was appointed pursuant to a nomination which requested that bond be waived. Discretion: Nothing specified. Alternatives: W. Va. Code § 44A-1-9 § 44A-1-9. Posting of bonds; actions on bond […] The court may allow a property bond in lieu of a cash bond. […] Exceptions: W. Va. Code § 44A-1-9 § 44A-1-9. Posting of bonds; actions on bond (a) […] No bond is required of any sheriff or representative of the Department of Health and Human Resources appointed as conservator or guardian, respectively. Modification: W. Va. Code § 44A-1-9 § 44A-1-9. Posting of bonds; actions on bond (c) Any required bond may be with a surety and in an amount and form as the court may order and the court may order additional bond or reduce the bond whenever the court finds that a modification is in the best interests of the protected person or of the estate. […]

Liability: W. Va. Code § 44A-1-9 § 44A-1-9. Posting of bonds; actions on bond (e) […] (1) Sureties are jointly and severally liable with the guardian or conservator and with each other; Other: Nothing of note.



Wisconsin Wis. Stat. Ann. § 54.46

Conservator Bond: Wis. Stat. Ann. § 54.46 54.46. Disposition of petition […] (4) Bond. (a) Amount and sufficiency of bond. The order under sub. (2) shall specify the amount of any bond required to be given by the guardian of the estate, conditioned upon the faithful performance of the duties of the guardian of the estate. […] Guardian Bond: Wis. Stat. Ann. § 54.46 54.46. Disposition of petition […] (4) Bond. (a) Amount and sufficiency of bond. […] No bond may be required for the guardian of the person.

Determining the Amount: Nothing specified. Discretion: Wis. Stat. Ann. § 54.46 54.46. Disposition of petition […] (4) Bond. […] (b) Waiver of bond. Unless required under s. 54.852(9), the court may waive the requirement of a bond under any of the following circumstances: 1. At any time. 2. If so requested in a will in which a nomination appears. 3. If a guardian has or will have possession of funds of the ward with a total value of $100,000 or less and the court directs deposit of the funds in an insured account of a bank, credit union, savings bank, or savings and loan association in the name of the guardian and the ward and payable only upon further order of the court. Alternatives: Nothing specified. Exceptions: Nothing specified. Modification: Nothing specified.

Proof & Recording: Nothing specified. Liability: Nothing specified. Other: Wis. Stat. Ann. § 54.46 54.46. Disposition of petition […] (4) Bond. […] (b) Waiver of bond. Unless required under s. 54.852(9)

Wyoming Wyo. Stat. Ann. §§ 3-1-106, 2-3-102 through 2-3-103, 2-3-111, 2-3-113, and 2-3-117

Conservator Bond: Wyo. Stat. Ann. § 3-1-106 § 3-1-106. Provisions applicable to all fiduciaries shall govern The provisions of W.S. 2-3-101 through 2-3-504 and 2-3-801 through 2-3-834 govern the appointment, qualification, substitution, removal, oath and bond of a guardian, limited guardian and conservator. […] Wyo. Stat. Ann. § 2-3-102

Determining the Amount: Wyo. Stat. Ann. § 2-3-102 § 2-3-102. Bond required; sureties; form; amount; ascertaining value of property […] the penalty shall not be less than the value of the personal property, and the probable value of the annual rents, profits and issues of real property belonging to the estate. The value shall be ascertained by the district court or the above named officers by examining on oath the party applying and any other person. The sureties shall justify on written oath

Proof & Recording: Wyo. Stat. Ann. § 2-3-103 § 2-3-103. Letters and bonds to be recorded All letters testamentary or of administration issued to, and all bonds executed by personal representatives, with the affidavits and certificates thereon, shall be recorded by the clerk of the court. Liability: Wyo. Stat. Ann. § 2-3-102 § 2-3-102. Bond required; sureties; form; amount;



§ 2-3-102. Bond required; sureties; form; amount; ascertaining value of property Except as provided by W.S. 2-3-111, every person to whom letters testamentary or of administration are issued shall, before receiving them, execute a bond to the state of Wyoming with two (2) or more sufficient individual sureties or one (1) sufficient corporate surety approved by the district court or the commissioner or clerk. […] Guardian Bond: Wyo. Stat. Ann. § 3-1-106 § 3-1-106. Provisions applicable to all fiduciaries shall govern The provisions of W.S. 2-3-101 through 2-3-504 and 2-3-801 through 2-3-834 govern the appointment, qualification, substitution, removal, oath and bond of a guardian, limited guardian and conservator. A guardian or limited guardian shall not be required to give bond unless the court, for good cause, finds that the best interest of the ward requires a bond. The court shall then fix the terms and conditions of the guardian's bond.

attached to the bond in an amount equal in the aggregate to the penalty thereof. Discretion: See above. Wyo. Stat. Ann. § 2-3-111 § 2-3-111. When no bond required; generally (a) When it is expressly provided in the will or by statute that no bond be required […] or when the distributees waive in writing the requirement […], letters […] may issue without the execution and filing of a bond as provided by W.S. 2-3-102. […] (c) If it appears necessary for any reason at any time afterward, the personal representative may be required to file a bond as in other cases. Alternatives: Nothing specified. Exceptions: Nothing specified. (discretionary exceptions, see above) Modification: Wyo. Stat. Ann. § 2-3-113 § 2-3-113. Requiring further security; petition Any person interested in any estate may […] represent to the court or commissioner […] the bond is insufficient, and ask that further security be required. Wyo. Stat. Ann. § 2-3-117 § 2-3-117. Ordering further security without application When it comes to his knowledge that the bond of a personal representative is insufficient, the court or commissioner […] shall cause him to be cited to appear and show cause why he should not give further security, and shall proceed as upon the application of any person interested.

ascertaining value of property […] The bond shall be joint and several […] Other: Nothing of note.

conservatorship and guardianship bonds

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