Legal Question in Wills and Trusts in California

If it is a preliminary distribution from a probate estate, the court may require a beneficiary bond be obtained before the funds are distributed.

As the previous attorney stated, a bond may be required where there is a preliminary distribution. A preliminary distribution is any distribution of estate assets to beneficiaries made prior to the final accounting. This type of bond is sometimes called a �distributee�s bond�. It is mandatory if a petition for preliminary distribution is filed before the expiration of the period of time for creditors to file claims (Probate Code Section 1162). The bond must the same amount as that of the proposed preliminary distribution. If the period for the creditor�s claim has expired, then the court has discretion to require a distribute bond but it is not mandatory.