What is a probate bond?
Probate bonds are a type of surety bond that is required by the state of Indiana when a person is appointed to be the executor of a will. The purpose of the bond is to protect the estate of the deceased person and to guarantee that the executor will accurately account for any assets and liabilities related to the estate. A probate bond acts as a guarantee that the executor will carry out the lawful instructions written in the will. It also ensures that probate estate property is used appropriately, and that creditors will be paid as expected. Additionally, if the estate’s assets are misused, the probate bond covers the losses to the estate. Typically, an Indiana probate court will set the amount of the bond and the bond issuer, usually an insurance company, is responsible for providing it. This bond must be in place in order for the executor to be approved by the court. In cases where the executor’s reputation or trustworthiness is in question, the court may require a higher than normal bond amount. In the event that the executor fails to act in accordance with the court’s instructions, the surety provider can pay out the bond to cover any losses incurred. This amount is then repaid by the executor. Probate bonds are a key part of probate law in Indiana and provide an important layer of protection for the deceased’s estate.
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