Legal Question in Wills and Trusts in California

Re: Waiver of Bond

Thank you for your inquiry.

You may wish to see the California probate code section 8481 to see bond requirements. If you are going to represent yourself, which is generally unwise, you should know what the law states, as the court will hold you to the same standard as an attorney.

Generally, a bond must be posted unless the will waives bond, and all beneficiaries have filed written waivers along with the petition.

Even despite waivers, the Court may still require personal representative to post bond if "good cause." (Probate code section 8481) Also, the Court may require bond if petitioner is a non-resident of California. (section 8571).

The blank you are asking about should have the name of whomever is acting as executors or administrators for the estate. The word nieces, however, is inappropriate, if there are other beneficiaries.

I hope this helps, but if you have other questions, need further information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

Re: Waiver of Bond

If you're stumped filing the initiating document, just wait until you have to comply with the rest of the legal formalities. You would be well served by obtaining representation. Call me directly at (619) 222-3504.