Legal Question in Wills and Trusts in Maryland

Probate bond insurance

What is probate bond insurance and why is it necessary? Our attorney has demanded payment of a probate bond premium but, upon request to explain what this was, did not provide a satisfactory explanation.


Asked on 10/04/04, 4:54 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Probate bond insurance

If your current attorney is not informing you of matters then you may want to consider the service of another attorney.

Probate bond is for payment of debts and taxes. Such bond may or may not be required in your situation. I would need to see the last will and testament that is the subject of your question.

Contact me at (410) 799-9002 or by return e-mail.

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Answered on 10/04/04, 6:12 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Probate bond insurance

The fidcuiary of the probate estate (executor or personal representative) is required to post a bond. This is financial security which provides insurance to the beneficiaries in case the fiduciary acts negligently or fraudulently (i.e. makes a mistake or steals money from the estate).

The requirement that you post bond is not your lawyer's requirement--it is a requirement of the law.

If you do not think you can understand what you are required to do as fiduciary of the estate, you should consider the possibility of telling your lawyer that you want a substitute fiduciary appointed by the court. Then you won't have to worry about posting the bond, the new fiduciary can worry about those issues.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/05/04, 10:03 am


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