Legal Question in Wills and Trusts in Virginia

Re: Are bonds required?

This is a question that should be asked of the probate division of the clerk of the circuit court in the relevant county, because it will depend on the contents of the will and other factors.

Re: Are bonds required?

Yes, it is required by statute, unless the estate is very small or the will specifically waives bond.

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Re: Are bonds required?

Yes. But a bond is merely a promise. The question is whether he will be required to have a surety on his bond. That is, whether an insurance company will guarantee his promise, at a cost to the estate of the premium on the bond.

You say your brother is applying to be administrator, which in Virginia indicates that your father did not leave a will. In that case, he will be required to have a surety, unless the estate is very small.

If he is applying to be executor because there is a will, the will may waive the requirement for surety.