Georgia Probate Bond: Administrator, Executor, Guardian, and Conservator

When a bond is required, and who decides

The probate court sets the amount. For an intestate administrator seeking letters of administration, GPCSF 3 states that the personal representative "is required by law to post a bond as the Court deems necessary." For a conservator of a minor, GPCSF 30 contemplates a bond obtained before the letters of appointment are issued. For an adult's conservator, GPCSF 12 ties the issuing of letters to taking the oath and the conservator posting bond.

Whether an executor named in a will must post a bond is less settled in the sources here. GPCSF 21 lists "Executor" among those who sign the standard bond. GPCSF 32 is a waiver petition that also applies to an executor who has already been appointed, and it calls for the beneficiaries' consent when the decedent died with a will. Those forms do not settle the default rule for executors, and we do not take a side; ask the probate court or a probate attorney.

How the bond amount is set

There is no flat bond amount in Georgia; the court fixes it. Under the GPCSF 3 order, letters of administration issue once the administrator gives bond with a surety the court accepts in the sum the court writes in, and takes the oath. For a conservator of a minor, GPCSF 30 asks whether you are prepared to obtain a bond before letters issue "through an appropriate surety in an amount set by the Court pursuant to O.C.G.A. § 29-3-41." The GPCSF 30 order then sets the bond in the dollar amount the court fills in.

Any specific formula — for example, a multiple of the estate's value, or a rule keyed to the type of surety — could not be verified from the state sources checked here; ask the probate court or a probate attorney. The same sources do not spell out whether an individual may serve as surety, whether you may deposit assets instead of a bond, or whether a bank or trust company is exempt by its capital; ask the probate court or a probate attorney.

Steps

1. File your petition. Ask the probate court to appoint you — for example, GPCSF 3 for an administrator, GPCSF 30 for a minor's conservator, or GPCSF 12 for an adult's guardian or conservator.
2. Check the bond requirement. For an intestate administrator, GPCSF 3 says the personal representative "is required by law to post a bond as the Court deems necessary," unless it is waived.
3. Consider a waiver. For a new administrator, the heirs can consent to a bond waiver on GPCSF 3, and the judge may waive bond if all heirs consent and notice is published; a representative already appointed uses GPCSF 32, which needs unanimous consent of the heirs (or beneficiaries if there is a will) and notice once a week for four weeks.
4. Get the bond in the court's amount. The court fixes the sum; a surety issues the bond, and you sign GPCSF 21 together, bound jointly and severally.
5. File the paper original. The original hard copy of the surety bond must be filed with the court, because it cannot be e-filed.
6. Take the oath and receive your letters. Unless the bond is waived, letters issue once you take the oath and the bond is posted; a guardian or conservator has no authority to act on behalf of the ward until letters issue.
7. Close out and ask about discharge. When your work ends, ask the probate court how the bond is released; the forms checked here do not spell it out.

Sources

• GPCSF 21, Bond of Administrators, Conservators & Executors, Etc.
• GPCSF 3, Petition for Letters of Administration
• GPCSF 32, Petition by Personal Representative for Waiver of Bond
• GPCSF 30, Petition for Letters of Conservatorship of Minor
• GPCSF 12, Petition for Appointment of a Guardian and/or Conservator for a Proposed Ward
• Uniform Probate Court Rules
• Council of Probate Court Judges of Georgia

Related guides: fiduciary bonds, court-appointed trustee bonds, get a quote, probate bond cost by state, probate bonds, administrator bonds, conservatorship bonds, executor bonds, guardianship bonds, Georgia surety bonds, probate bond cost estimator.