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Probate Bonds FAQ

Below are common questions and answers for general bond questions, the bonding process, reductions and increases, cancellations, and renewals. If the below does not provide the answer you need, please contact the Probate Bonds team by emailing bonds@cbalaw.org.

General Bond Questions

Why is a probate bond required?

A probate bond protects the estate’s or guardianship’s beneficiaries and creditors from financial loss due to mismanagement or fraud by the fiduciary.

What does a probate bond guarantee?

It ensures the fiduciary—such as an executor, administrator, guardian, or trustee—fulfills their duties ethically and lawfully, including paying debts, valuing assets, and distributing them correctly.

What happens if the fiduciary fails in their duties?

If a loss occurs due to error or misconduct, a claim can be filed against the bond. The surety company pays the claim, but the fiduciary must reimburse the amount.

Do I need an attorney to get a bond?

No, an attorney is not required, but highly recommended, due to the complexity of managing an estate or guardianship.

What is the minimum bond amount I must apply for/how is the total bond calculated?

The minimum bond is $40,000 and costs $100. The general rate for bonds in Ohio is $2.50 per $1,000 of assets bonded. The rate decreases for bonds over $500,000. The bond must be at least twice the amount of the assets. The bond amount is requested by the attorney or fiduciary and is accepted by the court. Our agency does not determine the bond amount.

Do I include the value of real estate in doubling the assets?

If the real estate is going to be sold, its value must be included when calculating the bond amount. However, if the property will not be sold immediately—or won’t be sold at all—it does not need to be bonded at the outset.

Bonding Process

How do I obtain a probate bond through CBS Agency?

To apply for a new bond, fill out your application securely online through MyBondApp portal or complete the fillable PDF and email it to bonds@cbalaw.org. We strongly encourage applicants to use the secure online portal, as the fiduciary will need to provide their social security number.

What happens once I submit my probate pre-approval form or apply for a bond online?

Once the application is submitted to underwriting, the team will either approve, decline, or request additional information. If approved, the applicant will receive a request for payment. Once paid, the applicant will receive a signed and sealed 4.2 probate bond form along with a Power of Attorney (POA). If the application is declined or further details are needed, an agent will follow up with the attorney or fiduciary via email.

When will bond documents be sent?

Bond documents are sent electronically soon after payment is received.

Can there be delays in approval?

Yes. Occasionally, the underwriting team may have additional questions based on the risk profile and bond amount requested. If the applicant or attorney responds promptly and all required information is provided, the bond can still be approved the same day.

What does the court require when I file the bond?

Most Ohio courts only require the copy of the 4.2 and POA. For additional bonds, Franklin County requires the rider, POA, and a 4.2 form signed by the fiduciary only. The attorney/fiduciary will be responsible for the 4.2 for additional bond filing (this is specific to Franklin County).

When is the initial bond premium due?

Bond premiums are due when the bond is approved.

Why is the premium for Guardianship of a Minor so high?

Full premium is required to be paid until the minor reaches the age of 18, which contributes to the higher overall cost. The surety offers a discount for payment in advance.

Bond Reductions and Increases

Why would the bond amount change after the bond has been executed?

The bond amount may be adjusted due to changes in the value of the estate or guardianship. This can occur when new assets are discovered, investment values fluctuate, or assets are distributed—each of which can increase or decrease the total value being bonded.

Can the bond amount be reduced?

Yes, a bond can be reduced if the amount of bonded assets has been reduced. The attorney or fiduciary must petition the court. Send a copy of the court approved reduction to CBS Agency for processing.

How do I obtain a bond increase?

To increase an existing bond, download and complete the Additional Bond Request Form, then email the completed form to us. At this time, MyBondApp portal cannot be used for bond increases.

Bond Cancellation

The court has dismissed the bond. Do I need to notify CBS Agency?

Yes, please notify CBS Agency anytime there is a change in bond status. We will need a date stamped final account, or some form of documentation from the court to cancel the bond.

The final account has been filed, and the estate is going to close. Should I notify CBS Agency?

Yes, please notify CBS Agency and provide a copy of the stamped final account filing. We will let you know if there is an outstanding balance due or if the estate is owed a refund.

The estate closed 6 months after the bond was executed. Can I get a prorated refund?

No. First year bond premiums are fully earned when executed.

The estate closed after the first year. Can I request a refund?

Yes. Please notify CBS Agency that the final account has been filed and provide us with a copy of the stamped final account filing. We will then pro-rate the premium and return any unused portion or update the amount due if it has not already been paid. Please note that a minimum renewal premium of $100 applies.

Who receives the refund once a bond is cancelled?

By default, refunds are issued by the surety and paid to the fiduciary. If the attorney prefers to handle the refund, please notify us in advance to update the payment instructions with the surety.

Bond Renewals

Why does a probate bond renew every year?

Probate bonds are issued for a one-year term because the length of estate administration is often uncertain. If the estate isn’t fully settled within that year, the bond must be renewed to maintain protection for beneficiaries and creditors. The bond will remain in force and renew annually until released by the court.

When will I receive reminders about my bond renewal?

RLI sends out two reminders before the bond renewal date:

65 days prior to renewal

30 days prior to renewal

These notices are mailed to ensure you have ample time to make payment by the bond renewal date. A final notice is mailed near the renewal date.

How do I pay my renewal?

There are a few ways to pay your bond invoice. Paying online is the quickest option. The invoice lists the information required to pay online, by phone, or by mail.

Do I need to pay the renewal if I expect the case to close or the final accounting is filed around the renewal date?

Please contact us at bonds@cbalaw.org. We will make note of this and notify our underwriting team. Please note, if the final account has not been filed within the 30 day renewal date, there will be a prorated premium due (minimum $100).

When is my renewal payment due?

The bond must be paid on or before the renewal date. Timely payment is essential to avoid any issues with your coverage.

What happens if I don’t pay the bond by the renewal date?

If the bond is not paid within the designated timeframe, RLI remove the bond from our agency and turn the debt over to an external collection agency.

I mailed my payment but I received another invoice.

If you’ve already submitted your payment, you may disregard the reminder notices, and we will contact our underwriters to let them know. Sometimes there is a lag between payment being applied, and another renewal notice sent.