What is a fiduciary bond, and why am I required to obtain a bond before I can do anything?

A fiduciary bond is a guarantee of performance. It ensures that a fiduciary, such as an Executor, Administrator, Trustee, Conservator or Guardian, will perform their duties faithfully, ethically and according to state law. 

If you are an estate’s qualifying individual and a nonresident of Virginia, and the probate assets total more than $25,000, you must post a surety bond. 

If you’re the qualifying individual and a nonresident of Virginia, you must have a Virginia resident act as your registered agent, who must sign an affidavit either in front of the Clerk or a notary public.

If you’re a Virginia resident, but the will doesn’t waive the need for the surety bond, or if a will doesn’t exist and you’re not the sole heir, then a surety bond may also be required.

If you need a surety bond, you must make arrangements with a bonding company before your probate hearing.

The bond provides third-party indemnification. It protects the interests of  any individual or entity that may have a financial claim on an estate (such as a beneficiary or creditor) whose interests are directly affected by the performance of the fiduciary. An incapacitated person or minor’s asset are also protected by the existence of a bond. Lastly, the bond indemnifies the Commonwealth of Virginia from potential litigation by transferring risk to a private entity. 

If a renewal premium is due prior to submission of the final accounting, it should be remitted due to the court mandate that all bonds remain in effect until the Commissioner of Accounts approves the final accounting. 

There can be a period of several months between submission of approval of the final accounting, particularly if there’s a need for further information by the Commissioner. 

Keep in mind that renewal premiums are pro-rated and unearned portions are returned to the estate in the form of a refund following the approval of the final accounting. If a renewal premium notice arrives after submission of the final accounting and prior to approval by the Commissioner of Accounts, contact the agency for instructions. 

The court may or may not notify the agency/surety of the resolution of an estate, trust or guardianship. It depends on the jurisdiction. 

To expedite the bond-release process, contact our agency once you have been notified of the approval of the final accounting by the Commissioner of the Accounts. Be prepared to transmit a copy of the approval letter via fax, email or regular mail. 

It’s a gray area, but, technically, the funds should be distributed in the same manner as the other assets of the estate. Please seek legal advice if  you are not sure what to do.