Legal Question in Wills and Trusts in Florida

Yes-should be bonded.

Either one or both could be liable

depending on the facts.

Usually a probate judge will determine if a bond is required of the Personal Representative. If there is a Last Will admitted to probate that specifically states no bond should be required of a given PR, it would not be unusual for a Judge to waive the need for a bond no matter the size of the estate.

Above answers are accurate. The Judge decides in the beginning if bond is required. The size of the Estate does not necessarily control if there is a bond required. It is one factor. For breach everyone involved in the breach and loss can be sued. Seek some legal guidance with the actual facts.